In this unpublished decision, the California Court of Appeal for the Fifth District affirms the district court’s dismissal of an indictment because of the prosecutor’s “egregious,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.
As reported in the New York Observer, senior federal Judge Kevin Duffy verbally branded AUSA Stanley Okula as a “liar” after catching Okula in a misrepresentation regarding whether the United States Attorney had issued press releases in the Michael Little and related cases.
For the transcript we have available, see 2014-12-4 U S v Michael LittleTR.
Our friends @Popehat pointed out that this is not Okula’s first offense. He has been reamed by judges on two continents in two cases.
“Licensed to Lie is a remarkable and frightening revelation of surprises – one after the other – about how a group of purported elite prosecutors wrapped themselves in the flag, hid evidence, misled me and my co-counsel in the Enron barge case, and in the process, destroyed countless lives while a number of federal judges turned a blind eye to their egregious prosecutorial misconduct.
I saw it happen, but like me and my co-counsel, we were unaware of the breadth and scope of the deception. Licensed to Lie draws back the cobalt- blue curtain bearing the seal of the United States Department of Justice to expose how these prosecutors disregarded constitutional rights in a concerted effort to obtain convictions at the expense of doing justice.
Those people – the former Enron Task Force prosecutors – are an elite cabal who went on to significant decision-making positions in the federal government.
Conspiracy of Fools and The Smartest Guys in the Room, both best-sellers, told only the story known at the time. This book goes much deeper, discloses evidence the prosecutors hid for years, and tells it all – one shocking revelation after the other.”