In this unpublished decision, the California Court of Appeal for the Fifth District affirms the district court’s dismissal of an indictment because of the prosecutor’s “egregious, outrageous misconduct . . . that shocked the conscience.” In The People v. Efrain Velasco-Palacios, the prosecutor added two highly incriminating lines to the transcription of the defendant’s police interrogation. In so doing, he also destroyed the attorney-client relationship, necessitated the appointment of new counsel, and generally destroyed the validity of the process. His defense? It was just a “joke.” This is the third strike we know of for California Attorney General Kamala Harris who apparently doesn’t understand the importance of prosecutors following the law. She appealed the dismissal, arguing that only physical “brutality” would be sufficiently shocking to the conscience to warrant a dismissal of the charges.
Mar 03, 2015