Thursday, June 4, 2009

Supervisors order response to grand jury on D.A.

RIVERSIDE — Riverside County supervisors on Tuesday directed the executive office to draft a written response to a grand jury report critical of the district attorney's office handling of cases.
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Some discussion on the matter was expected Tuesday, but the motion passed with only a comment from Supervisor Bob Buster, who asked the executive office to study whether the issues in the grand jury report have any bearing on the 2009-10 fiscal year budget, which will be debated again June 16.

Any objections the board has to the report are expected to be published within the next 30 days by the executive office.

The Riverside County grand jury, composed of 19 residents selected to serve a yearlong term during which they scrutinize and report on government operations, made several unfavorable findings during a recent evaluation of the district attorney's office.

In its May 20 report, the grand jury found that some former and current prosecutors were frustrated about the limited discretion deputy district attorneys had to settle cases.

Decisions are deferred to “supervisory personnel (who are) unwilling to make decisions,” leaving higher-ups to decide whether a compromise is justified, the grand jury reported.

“This makes it more difficult and time-consuming to adjudicate a case,” the report states. “It removes the prosecutor who is most knowledgeable of case factors from decision-making regarding case settlement.”

The grand jury stated the D.A.'s office has a written policy of “encouraging case settlement where appropriate,” but more often than not — even when the defendant, defense attorney and judge are amenable — the prosecution is intent on taking a case to a jury.

“Investigation revealed the insistence of the D.A.'s office to proceed to trial — disregarding potential settlements — contributes to the congestion of Riverside County courts,” the report stated.

According to the grand jury, former and current prosecutors complained of a “climate of fear and intimidation within the D.A.'s office,” causing employees to fear that

“Fear of retaliation was described as inhibiting initiative, particularly in negotiating case settlements,” the report stated.

The Judicial Council of California in 2007 found the county's backlog of criminal cases was among the worst in the state. In the fall of that year, California Supreme Court Chief Justice Ronald George dispatched two dozen active and retired jurists to the county to help reduce the backlog by working on some of the county's oldest felony cases.

The judicial strike force issued a report highlighting District Attorney Rod Pacheco's “charging policy and very restrictive policy on plea bargaining” as reasons for court congestion, points to which the grand jury referred.

Independent analyses have also shown the county has a deficit of judges, making caseloads higher and adjudication slower. One study indicated that for Riverside County to have a more efficient court system, it needs another 50 judges and court commissioners.

Pacheco has said he is primarily concerned with protecting the interests of crime victims. During budget hearings last month, he said the Riverside County D.A.'s Office has obtained the second-highest conviction rate in the state and successfully pursued four gang injunction lawsuits.

He also pointed to the county's historically low violent crime rate — 395.2 crimes per 100,000 residents — as an overall public safety success story.

“Fear of retaliation was described as inhibiting initiative, particularly in negotiating case settlements,” the report stated.

The Judicial Council of California in 2007 found the county's backlog of criminal cases was among the worst in the state. In the fall of that year, California Supreme Court Chief Justice Ronald George dispatched two dozen active and retired jurists to the county to help reduce the backlog by working on some of the county's oldest felony cases.

The judicial strike force issued a report highlighting District Attorney Rod Pacheco's “charging policy and very restrictive policy on plea bargaining” as reasons for court congestion, points to which the grand jury referred.

Independent analyses have also shown the county has a deficit of judges, making caseloads higher and adjudication slower. One study indicated that for Riverside County to have a more efficient court system, it needs another 50 judges and court commissioners.

Pacheco has said he is primarily concerned with protecting the interests of crime victims. During budget hearings last month, he said the Riverside County D.A.'s Office has obtained the second-highest conviction rate in the state and successfully pursued four gang injunction lawsuits.

He also pointed to the county's historically low violent crime rate — 395.2 crimes per 100,000 residents — as an overall public safety success story.

http://www.mydesert.com/article/20090603/NEWS01/906030301/1006/news01/Supervisors+order+response+to+grand+jury+on+D.A.

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