Choose denies dismissal request from former district lawyer in data case

Choose denies dismissal request from former district lawyer in data case

Written by Tony Hicks and Keith Burbank

A decide denied a request by former Alameda County District Legal professional Amilcar “Butch” Ford final week to dismiss costs associated to Ford allegedly giving confidential data to a San Leandro police officer’s lawyer in a manslaughter case.

Alameda County Superior Courtroom Choose James Cramer denied Ford’s request to dismiss the pending cost in opposition to him, the Alameda County District Legal professional’s Workplace mentioned Thursday.

Alameda County District Legal professional Pamela Value charged Ford with one misdemeanor rely of protection after prosecution as a prosecutor in violation of Enterprise and Professions Code 6131(b).

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Ford — who left his job to work for the San Francisco District Legal professional’s Workplace — allegedly offered confidential data from the Alameda County District Legal professional’s Workplace to lawyer Michael Raines final April. Raines represents former San Leandro police officer Jason Fletcher in a manslaughter case.

Fletcher is accused of unlawfully killing Steven Taylor at a San Leandro Walmart retailer in 2020, following costs filed by then-Alameda County District Legal professional Nancy O’Malley in September of that 12 months. Taylor was allegedly shoplifting.

Ford can also be alleged to have authored a declaration of help for Fletcher, which Ford has denied.

“We applaud the court docket’s determination to dismiss this frivolous objection to Mr. Ford’s prosecution,” Value mentioned in a press release Thursday. “Prosecutors have a particular accountability to uphold and defend the integrity of the felony justice system. Mr. Ford betrayed this course of by interfering with the matter.” In prosecuting a case involving a police officer, which can make it harder for this workplace to carry that officer accountable for his actions throughout a deadly use-of-force incident.

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“It’s mandatory for them to train better warning to keep away from any actions which will undermine the fundamental ideas of equity and justice.”

Ford has pleaded not responsible and is scheduled to return to court docket on Nov. 16, 2023, to debate whether or not to e-book him on the misdemeanor cost, the district lawyer’s workplace mentioned.

Ford allegedly violated a bit of the Penal Code that states {that a} prosecutor could circuitously or not directly advise or take part in a defendant’s case if the prosecutor has beforehand prosecuted, aided, or inspired any motion or continuing in court docket in opposition to the defendant.

Alameda County prosecutors mentioned Ford was assigned in 2021 to handle the case in opposition to Fletcher as an worker of the Alameda County District Legal professional’s Workplace, one thing Ford denied. When the alleged mission was carried out, Ford was head of the workplace’s felony prosecution staff.

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Based on the District Legal professional’s Workplace, Ford supervised Fletcher’s case for roughly 18 months and appeared in court docket on behalf of the District Legal professional’s Workplace not less than as soon as.

Ford mentioned he was head of the felony prosecution staff however mentioned the Regulation and Movement staff was overseeing Fletcher’s case and was by no means in control of the case.

Prosecutors mentioned Ford “conveyed the substance of personal conversations he had with ‘one other prosecutor’ in January 2023 relating to the Fletcher case, together with case technique, lawyer assignments, charging choices, and different skilled opinions on numerous features of the case.”

Ford allegedly wrote down what was mentioned in these non-public conversations and gave it to Raines, who used that data to attempt to get the Alameda County District Legal professional’s Workplace excluded from the Fletcher case. Value’s workplace mentioned Raines filed the disqualification request on April 26. After that suggestion, Ford gave Reigns the confidential data and declaration of help, based on Value’s workplace.

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Ford mentioned he couldn’t bear the implications of his actions as a result of California Labor Code 1102.5(a), which states that an employer can not forestall an worker from disclosing data to a authorities, regulation enforcement company or public physique conducting an investigation, listening to or probe “if The worker has affordable trigger to imagine that the data reveals a violation of state or federal regulation, or a violation or failure to adjust to a neighborhood, state, or federal rule or regulation.”

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Copyright © 2023 Bay Metropolis Information, Inc. Republishing, rebroadcast or every other reuse is prohibited with out the specific written consent of Bay Metropolis Information, Inc.

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