与MJ有关,但不是关于MJ
可简单译点,作为论坛一话题讨论:
Michael isn't the only one claiming that the Santa Barbara District Attorney's office prosecutes cases due to a vendetta. Diane Hall is a Santa Maria Judge who is being railroaded as well. This is the judge who mysteriously showed up at Michael's first arraignment. We should have all eyes on her case. Also notice she's testifying in Dunlap's case of Malicious Prosecution against Sneddon.
What I find interesting is the timing of Hall's legal trouble. I believe it all began in late 2002 or early 2003. Hall to request recusal
By Quintin Cushner/Staff Writer
Superior Court Judge Diana Ruth Hall, facing criminal charges for alleged campaign-finance violations, will ask that her case be prosecuted by the state attorney general rather than the Santa Barbara County District Attorney, her lawyer said at Monday's arraignment hearing.
Hall, 54, declined to have the formal charges filed against her read aloud on Monday, and did not enter a plea. A not-guilty plea was automatically entered on her behalf.
A Sept. 13 trial start date was set at the hearing.
Hall faces eight misdemeanor charges stemming from allegations that she attempted to disguise a $20,000 loan received from her then-domestic partner, Deidra Dykeman, during Hall's successful 2002 re-election campaign.
The judge allegedly deposited $20,000 from Dykeman into her personal account, then included the money as part of a $25,000 transfer into her campaign fund. Hall allegedly then claimed on campaign financial statements that she contributed the transferred money herself.
The defense motion to recuse the district attorney's office from the case will be heard on Aug. 30.
Hall's attorney, Michael Scott, said after the hearing that there were numerous issues he planned to raise in his recusal motion, including alleged conflicts of interests and past events that might motivate the district attorney's office to behave vindictively toward Hall. The motion will be filed with the court by week's end.
Scott alleges a previous criminal case against Hall by the district attorney's office, which resulted in a mixed jury verdict, has negatively altered the prosecution's view of the jurist in this case. He added that the two cases share the same lead prosecutor, Deputy District Attorney Kimberly Smith.
The defense attorney further claims that details about the alleged campaign finance violations surfaced during the judge's previous trial, but were not filed until after what he considers a less-than-successful prosecution in that case.
Assistant District Attorney Christie Stanley denies that the outcome from Hall's past case played any role in the filing of the new charges, and said she doesn't see how having Smith prosecute both cases constitutes a conflict.
Smith was chosen for the case, Stanley said, in part because she'd never worked with Hall or argued cases in front of the jurist.
Scott said Hall's role as a witness in the pending federal court civil case filed by Lompoc attorney Gary Dunlap against the district attorney's office could also constitute a conflict.The attorney general's office already reviewed that issue, among others, before the latest charges were filed against Hall, and found no disabling conflict in the case, according to Stanley.
Retired Orange County Superior Court Judge John J. Ryan, who has been assigned the Hall case, must decide if any conflict exists that could prevent Hall from receiving a fair trial.
Hall faces a possible sentence of six months in jail and a fine of $60,000 for each of the eight misdemeanor charge against her. If convicted, she would not be permitted to run for public office for four years.
She cannot be removed from her position on the bench unless she's convicted of a felony, or if the state's Commission on Judicial Performance opts to remove her. Thus far, no disciplinary action has been taken by the commission.
Hall currently hears civil cases in Superior Court in Santa Maria.
A similar recusal motion filed in the first criminal case against Hall was rejected by a different Superior Court judge.
If Hall's case reaches trial, it will likely last four days, Ryan said.
At Monday's arraignment, Scott speculated it may take several of those days to seat a jury because Hall's legal issues have been covered so extensively in the local and statewide press.
"There has been a lot of publicity during the last year about Judge Hall and the district attorney's office," he said.
The previous case against Hall was based on her alleged actions on the night of Dec. 21, 2002, when, after a fight with Dykeman, the judge was arrested while driving intoxicated near her Santa Ynez Valley home.
Hall was convicted on Aug. 28, 2003, of two misdemeanor counts of drunken driving stemming from the incident. She was acquitted of misdemeanor charges of domestic battery and exhibiting a firearm and a felony charge of forcibly dissuading Dykeman from reporting the alleged crimes.
A mistrial was declared on a felony charge that Hall further tried to prevent Dykeman from calling authorities by destroying a telephone, after jurors announced they were deadlocked 11-1 in favor of conviction. That charge was eventually dropped.
For the drunken-driving conviction, Hall was sentenced to alcohol counseling and three years' probation.
* Staff writer Quintin Cushner can be reached at 739-2217 or by e-mail at qcushner@pulitzer.net.
July 13, 2004
http://www.santamariatimes.com/articles/20...ocal/news02.txt
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Judge's lawyer accuses DA of unfair retaliation
Wants charges of violating campaign contributions dropped; Hall pleads not guilty
7/13/04
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
The lawyer for Superior Court Judge Diana Hall alleged that the District Attorney's Office has unfairly retaliated against his client and said he wants the prosecutors off the case and all charges dropped.
Lawyer Michael Scott claims that Santa Barbara County prosecutors are bitter because they didn't get everything they wanted in last year's criminal trial against the judge and are now going after her on trumped-up charges.
The District Attorney's Office alleges that Judge Hall violated the California Political Reform Act by disguising the source of a campaign contribution. She pleaded not guilty to eight misdemeanor charges on Monday in Santa Maria.
"They tried very hard to get a felony conviction against her and were unable to do so last year," Mr. Scott said. "Only after they failed to get a felony conviction did these charges get filed -- indicating bias and vindictiveness."
The current charges stem from an undisclosed $20,000 contribution to her 2002 re-election bid by her former live-in lover, Deidre Dykeman. A spat between the women ended with a high-profile criminal trial and Judge Hall's conviction for misdemeanor drunken driving last year.
Deputy District Attorney Kimberly Smith, prosecutor on both cases, said: "We will leave it to the judge to determine if there is a conflict or the appearance of a conflict exits. I can tell you this adamantly: It is the prosecution's position that whether it is a matter that is prosecuted by the District Attorney's Office or the Attorney General's Office, the end result should be that justice is sought."
Mr. Scott disclosed his plan to file the motion to take the case away from the District Attorney's Office and motions to dismiss the charges after his client's arraignment Monday morning. Judge Hall could not be reached for comment.
Orange County Superior Court Judge Jack Ryan was brought in to preside over the case because local judges have served with Judge Hall. Judge Ryan will hear several defense motions Aug. 30 and decide whether the case should continue to be handled by local prosecutors.
"One motion to dismiss will be filed on the basis of retaliatory or selective prosecution," Mr. Scott said. "Judge Hall is the only one who has been criminally prosecuted in this county since the statute with the Fair Political Practices Commission was enacted in 1974. Typically, it's referred to the commission for civil action."
Ms. Smith said there's a reason why no one else has been prosecuted here.
"Very few judges, if any, have ever been engaged in this type of alleged conduct," she said. "There are other jurisdictions where the District Attorney's Office has sought an indictment with regard to government code violations."
Mr. Scott said he is concerned with the timing of the charges.
"The district attorney knew about this gift from her former roommate in December 2002," he said. "They did nothing with it until the DA failed to secure a felony conviction against Judge Hall last August. It was well known prior to the trial and should have been included in the original charges."
The District Attorney's Office confirmed the judge was under investigation on the day she was sentenced on misdemeanor drunken driving. She was found not guilty of three other charges, including preventing a witness from calling police, brandishing a weapon and battery. Prosecutors dropped a felony charge of destroying a telephone, which allowed Judge Hall to return to the bench. She lost her license for 90 days and was ordered to attend alcohol counseling and pay a fine of $1,600.
In response to the question about the timing of the new charges, Ms. Smith said: "This is evidence that was derived from her testimony at the trial. ...When a prosecutor becomes aware -- when evidence comes to light -- that a crime has been committed, the just and appropriate thing to do is to investigate and determine if there is enough evidence to proceed."
This time, Judge Hall could face up six months in jail and a fine of up to $60,000 on each count, Assistant District Attorney Christie Stanley said.
If convicted, Judge Hall would not be able to run for public office for four years. It would then be up to the state Judicial Council to determine if the misdemeanors amounted to moral turpitude. The council could take action to remove her from the bench.
An audit by the state Franchise Tax Board in April concluded that Judge Hall broke the law by putting the loan money from Ms. Dykeman into her own bank account and failing to disclose the source. The next day, the audit said, Judge Hall wrote a personal check for $25,000 to the Committee to Re-Elect Judge Diana R. Hall -- and reported the $20,000 as part of her own campaign contribution.
The tax board has no enforcement powers in the matter and forwarded its report to the state Fair Political Practices Commission, the attorney general and the secretary of state
http://news.newspress.com/topsports/071304judge.htm
[此贴子已经被作者于2004-7-14 10:07:53编辑过]
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