Deputy da stood up in recessed court and tell defendant that she is guilty and will not win and not to waste her or judges time?

Asked about 2 years ago - San Andreas, CA

criminal trial setting court was recessed, deputy da stood up and in a very loud voice where everyone in court room could hear and did hear "that the defendant is guilty and will not win. defense atty asked what about defendants rights and the constitution. Deputy da replied. dont waste my time the judges time the courts time shes guilty wont win and dont waste my time with her rights and the constitution. Can she do this?

Additional information

The jury was not in the court room. We were there to set a trial date. All of the other officers of the court were there, as well as a full court room of others waiting to have their cases heard. The judge had just left the court room. With whom do I file a complaint besides the local DA's office?

Attorney answers (7)

  1. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    15

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    Answered . DA's do this . I assume no jury or judge was around. Without knowing more, it will be up to defense attorney to decide how to proceed.

  2. Chris J Feasel

    Contributor Level 17

    14

    Lawyers agree

    Answered . Can she? Anyone can do anything. Should she have? Absolutely not. Her conduct was unprofessional and should be reported to her supervisor.

    Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated... more
  3. Robert David Richman

    Contributor Level 16

    13

    Lawyers agree

    1

    Answered . It was not professional, but probably not a basis to get fired. I am assuming given that the court was recessed, that no jury, witness, or judge heard the exchange. If such a comment was made in earshot of the jury, it would be a basis for a mistrial.

    This answer is provided for educational purposes only and is not intended as the practice of law in any... more
  4. Victor C Marshall

    Contributor Level 3

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    Best Answer
    chosen by asker

    Answered . Conduct of this sort has been reported in many jurisdictions as lacking professionalism and ethics. The fact that a prosecutor did this while in the ear shock of jurors is a manifestation of the fear he or she is experiencing in this case. Apparently, that Deputy DA may have doubts about the case. It's possible they may be intentionally trying to get a mistrial or illegally persuade the jurors. It is improper conduct and the judge may declare a mistrial if requested by the defense. It may require a hearing with the jurors by questioning each whether or not they heard such statements and if it effects their decisions in the case, however.

  5. John M. Kaman

    Pro

    Contributor Level 20

    11

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    Answered . It could be worse. One day while waiting for my case to be called, a sentencing concluded, and off the record but quite loudly the DA leaned over to the two defendants and said "This is the last break you get in my f*cking court you little bastards. Come back here again, motherf*ckers and I am going to f*ck good." Neither the judge nor the defense attorney reacted.

  6. Benjamin Adam Arsenian

    Contributor Level 7

    7

    Lawyers agree

    Answered . Her behavior and comments are unprofessional. However, they also reveal the strength of the defense. Most DA's seek verdicts in easy cases to impress their supervisors. Her outburst is an attempt to avoid a trial she fears losing. Pick 12 good jurors and beat her in trial!

  7. Tai Christopher Bogan

    Pro

    Contributor Level 18

    6

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    Answered . The defense attorney should make a record of this in the court. Move for a dismissal. I would suggest briefing the issue. In the alternative a mistrial. Lastly this DA should not only be reported to their supervisor but a formal complaint with the State Bar should be made.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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