Saturday, August 11, 2007

You heard it here first

Although I'm loathe to brag, I said earlier regarding the DA-Judge Tranbarger row, that despite the finding that Judge Tranbarger is not biased, the DA would continue to move to disqualify the judge. In legal squares we call this "papering the judge." Well here is your confirmation: http://www.pe.com/localnews/riverside/stories/PE_News_Local_C_judge11.3ee2e4d.html

I find it delicious that the DA "papered" one judge only to have the case assigned to Judge Tranbarger. I especially liked this quote from the supervising judge:
Cases where another judge has already been blocked "are now eligible to go to
Judge Tranbarger, and we will assign them to him, if he is available," said
Helios J. Hernandez II, supervising judge for the Riverside County Hall of
Justice."

Lest you, my reader, thinks I'm being too glib here, please be assured that Judge Tranbarger is highly regarded among attorneys for his intellect and fairness. He will assuredly give the people a fair trial. It is preposterous for DA Pacheco to say:

"We believe Judge Tranbarger is not fair to the people and biased to the
prosecution," District Attorney Rod Pacheco said Friday in a statement.

The fact is that many jurors go into the trial thinking the defendant is guilty. It is not uncommon for jurors to think that the criminal defendant wouldn't be there unless he had done something. Further, the DA has nearly unlimited assets to investigate and call witnesses, unlimited discretion to make deals with "accomplices" and virtually no time constraints. Given the inherent advantage that the DA has it is absurd for him now to complain about that mean ole Judge Tranbarger.

1 comment:

Gus said...

Most people can not afford a misdomeanor or a feloney trial. The D.A. has deep pockets and no restraints. The D.A. can oversharge makeing it impossible to make bail and cost the defendant more in bail fees and attorney fees. It is almost impossible for a defenant to get a fair trial in this age. We need more judges that will stand up to the D.A. and hold law enforcement and the D.A. office accountable.