Appellant court requests Xavier Becerra respond to local attorney’s petition asserting the unpublished report may exonerate his client
The Third Appellate District Court of Appeal requested the California attorney general’s response to a local attorney’s petition seeking the unpublished Sutter County grand jury report.
The report prepared by the 2017-18 grand jury was withheld from publication, though advanced copies went to some offices. The 17 grand jurors resigned in protest, stating that they were “prevented from fulfilling our duty as watchdog for Sutter County.” They made that allegation in a June letter to Superior Court judges Brian Aronson and Sarah Heckman.
In a letter to the court in July, private attorney Jesse Santana wrote that he believes the report contains information that would exonerate or provide evidence that would cast doubt on the criminal charges against his client, Danelle Stylos. She is the former Sutter County Development Services director who was arrested in March 2017 on suspicion of perjury, voter fraud, petty theft and filing false information on a concealed carry permit.
In August, Sutter County Superior Court Judge David Ashby denied Santana’s two motions, saying they lacked evidentiary support and that disclosure of the unpublished report is prohibited by state law.
Earlier this month, Santana filed a petition with the Appellate Court, which requests Ashby conduct private review of the grand jury report and provide Santana with any “Brady” material. “Brady material” refers to the 1963 Brady v. Maryland court case which established that prosecutors must turn over to defense teams all evidence that may exonerate the defendant.
Santana argues that the district attorney’s office cannot hide behind a statutory provision to get around its constitutional due process obligations. He also alleged the grand jury investigated “willful or corrupt misconduct and other wrongdoing by the Sutter County District Attorney’s Office in the handling and prosecuting of cases, including Stylos’ case or issues that may be related to the investigation and criminal charges that were filed against Stylos.”
In a Wednesday email, District Attorney Amanda Hopper said the allegations are nothing new.
“Mr. Santana and his associates have repeatedly made false allegations in an ongoing effort to smear the District Attorney’s Office. Sadly, the staff at the Sutter County District Attorney’s Office is used to these types of false attacks,” Hopper wrote. “The DA’s Office is more than happy to cooperate with the Attorney General’s Office, should they wish to look into these lies and we will make all our files available. We are confident that any such inquiry will establish that there has been no ‘willful or corrupt misconduct or other wrongdoing… in the handling and prosecuting of cases.’”
California Grand Jurors’ Association Sutter County Chapter President Beckie Jennings said she could not comment as to what the 2017-18 grand jury was investigating. She did say Wednesday that she was aware the jurors had signed a letter requesting the state attorney general look into their resignation, and included a copy of their resignation letter.
The attorney general’s response is expected next week, Santana said.
October 17, 2018
Appeal-Democrat
By Rachel Rosenbaum
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