Ultimately, this was one the jury got right with a misdemeanor and it helped me change my perspective on marijuana cultivation moving forward. It is also a good example of how prosecution evolves over time with the law as it changes. Prosecutors are given a lot of discretion in filing, charging, settling, and trying cases on behalf of the People and as there are changes in the law, and continuing research into areas affecting crime we, adapt so that our discretion aligns with what society believes is a just outcome. The jury saw it here and I see it now.
#21 A trial Interrupted
The defendant in jury trial #21 was charged with vandalizing a correctional facility. He had ripped a large ADA guardrail off the wall of the jail and was yelling that he was going to "tear this mother fucker apart" if he didn't get moved from a solitary room back into the main line. He had…
#17 In my (self) defense…
One of my biggest frustrations when watching high profile cases in the news is the impatience often voiced over delays by prosecutors in making filing decisions. The calls for justice, while important in order to keep the tragedy of the events in the public eye are often misplaced. A full and complete investigation is always…
#15 Caught on Camera: A Jury Trial Focused on Fraud
Worker's compensation fraud doesn't get the credit it deserves by my fellow prosecutors. The general public, on the other hand, eats these cases up. My opinion is that the public knows that those are are defrauding the system in this way are harming everyone: insurance premiums rise meaning the costs of goods and services also…
#13 A Jury’s Struggle: “Being Under the Influence” v. “Being Impaired”
The laws relating to Driving Under the Influence (DUI) have provided a standard formula when it comes to prosecuting defendants who have consumed too much alcohol and chose to get behind the wheel of the car. We have two ways to proceed, and we often proceed with both routes: (1) the defendant's blood alcohol content…
#10 The Jury Trial where I Learned (the hard way) that My Instincts Matter
#10 was my first jury trial with significant media exposure. It involved a victim who went onto property that defendant was squatting at in Chico. He and his dog were attacked by the defendant with a knife and eventually chased off the property. The victim screamed for help as he ran away. One witness opened…
#8 The Jury Trial Where the Verdict Was Reached Outside the Courtroom
A lot of effort is involved in keeping our jurors insulated from any outside influences that could affect their opinion of the case. The Court gives them instructions that jurors cannot do any independent investigation, cannot look up or research the people involed on the internet, or do any research on legal concepts. Lawyers and…
#4 The Jury Trial Without a Victim
My fourth jury trial introduced me to the world of domestic violence. To say that as a prosecutor we never really know how a domestic violence case is going to pan out in front of a jury is an absolute understatement. These are the cases where prosecutors have to be prepared for absolutely every possibility.…
#3 The Jury Trial Where I Learn About Constructive Criticism
Remember when I told that DUI's are where new criminal prosecutors often cut their teeth on jury trials? Jury trial #3 involved a DUI where the defendant had been pulled over for speeding, he exhibited routine objective signs of intoxication, admitted to having 1 beer with dinner, and had marginal success on the field sobriety…
#1 The One in Which I Had my First Jury Trial
The year was 2012. I had been a lawyer for about 6 years in the civil sector with nary a jury trial to my name. You see, what they don't tell you in law school, that jury trials in the civil sector are expensive, which means working for a small boutique law firm in rural…
Hopelessly Devoted 