Prison Defense Lawyers Take on Wendy Segall’s Strategy of Posting Corrupt Witnesses
By: John Fielder
There is an old legal axiom stating that “you are stuck with the witnesses who were on hand.” Lawyers use that axiom to describe to juries that the witnesses they will notice at trial are not selected or volunteered. Indeed, they are rarely the people we would want to stake our freedoms on or belief our lives to. But, much too often, yesterday’s strangers are present day heroes. This position is manufactured poignant by the following write-up:
A prosecutor with the Los Angeles District Attorney’s “Stalking and Risk Assessment Group” has been publishing corrupt witnesses to verify feeble statements of “stalking” towards Los Angeles men. Statements of stalking are generally really hard to verify and depend on hearsay evidence and the testimony of investigators who are funded by the very same grants as the District Attorney’s STAT workforce. (California Crisis Management Agency). Besides the obvious conflict of curiosity, hearsay evidence is ordinarily relied on to verify-up these instances. The she-stated-he-stated evidence is generally primarily based on conjecture and un-sourced email which the District Legal professional makes no endeavor to authenticate adequately.
Initial Amendment Advocates of Los Angeles noticed abuse by the Los Angeles District Legal professional when it named interest to the filing of a lawful civil accommodate that renowned Los Angeles trial attorney, Sean Erenstoft filed on behalf of his shopper towards a so-named “sufferer of stalking.” The gravamen of the criticism was primarily based on his client’s declare of battery and intentional infliction of emotional distress his shopper endured at the fingers of the so-named “sufferer” of the stalking. The sufferer experienced been arrested for the crime and photos of his shopper instructed the story of a well-curbed shopper who stood idle while he was conquer by his ex-girlfriend.
It was evident that Erenstoft’s shopper experienced been late to file the civil accommodate. The sufferer experienced operate to the police department to affect a restraining buy which resulted, eventually, in the filing of a criminal criticism towards Erenstoft’s shopper. It proved to be a race to the courthouse.
Just after the civil accommodate was filed on behalf of his shopper, Wendy Segall unethically took aim at defense attorney, Sean Erenstoft to thwart his use of the Initial Amendment (the filing of the civil accommodate) for the redress of grievances. As said before, lawyers really don’t have the luxury of choosing eye-witnesses, but lawyers do have a responsibility to zealously protect their customers by citing the deficiencies of the witnesses who are named “sufferer” by the District Legal professional.
The label “sufferer” (relied on by the District Legal professional) pervades motions to suppress that loaded reference at trial. Although a lot of defendants’ activities are or else boorish and current poorly to a jury audience, it stays inviolate that defense lawyers insist on their clients’ correct to thrust back towards bare allegations of completely wrong-doing. The filing of civil litigation is a legitimate mechanism for the redress of grievances. Civil litigation also presents a indicates (by way of the Code of Civil Process) to attain facts that could be relied on to thrust-back towards the momentum of a biased prosecutor. And of course, the validity of any civil litigation is subject to demurrer or very similar technique at almost any stage of the litigation.
When a prosecutor tasks its investigators to examine the criminal defense attorney, as Wendy Segall did in the circumstance of Men and women of California v. Chris Stewart, we have to undoubtedly concern the ethics of the prosecutor. At the precise time in which Wendy Segall was tasked with responding to criminal discovery consisting of the resource of any emails claimed to have been sent by Chris Stewart, Wendy Segall sent a D.A. investigator to examine the attorney who filed a lawful civil action towards her sufferer-witness.
Prison defense lawyers doing exercises their client’s Initial Amendment Ideal to petition the government for the redress of grievances (by the filing of civil satisfies towards corrupt government witnesses) must be wary of Wendy Segall. Exploration on Wendy Segall by this business also reveals that Wendy Segall prosecuted a guy for crimes when she realized she experienced no evidence to verify a critical element of the crime. In the subject of Men and women v. Ghaffari, the 2nd Appellate District overturned a conviction Segall experienced received when she or else painted the defendant reprehensible with a thorough and repetitive recitation of unflattering allegations. The jury was stated to have improperly bewildered Ghaffari’s unsavory carry out with his somewhat innocuous on line speech. It was the unethical prosecutorial carry out which carried the circumstance past the jury despite Wendy Segall’s recognizing absence of evidence. (See, Day-to-day Journal, Friday, September 29, 2000 – Court docket Reverses Jury in Cybersex-Chat Scenario.
Initial Amendment Advocates is an business tasked with citing illustrations of heroic lawyers who have pushed back towards prosecutorial misconduct. Sean Erenstoft was awarded with our Advocates Award in March, 2011 for his thrust-back towards the Los Angeles District Legal professional on behalf of his customers. In 2010, Erenstoft endured a S.L.A.P.P. accommodate leveled towards him by the L.A.D.A. The irony of that litigation is not dropped on FAA nor is the fact that Sean Erenstoft worked for the Los Angeles District Legal professional prosecuting crimes in the course of the ‘90s and took his talents into personal practice where he used the DA’s playbook to assist protect his clientele for the past 20 many years. For individuals factors, Sean Erenstoft is a Civil Rights Hero.
*Sean Erenstoft also served as a Los Angeles County Judge Pro-Temp formed LA-VETS.COM and now serves as a litigation and business consultant in California.