Who Watches the Watchers?

The important role of the appellate courts is highlighted in the recent opinion from 4/3, authored by not a "flaming liberal" but a justice who was a moderate career prosecutor before beginning his long tenure on the bench. In People v. Force, G055482, Justice Bedsworth explained why reversal of an order denying a sexually violent predator's petition to be placed in a "conditional release program" was required because of prosecutorial misconduct. Basically, the prosecutor had -- impliedly or expressly -- threatened that the district attorney's office would prosecute Force for perjury if he testified, causing him to decline to testify, interfering with his Constitutional right to present a defense. The opinion begins: "Our criminal justice system has only one absolute requirement: the accused must receive a fair trial," and "[t]he prosecutor's job is to provide [judges and juries] the platform for their decisions by presenting the evidence against the defendant clearly and fairly." "That's it. When you get right down to it, that's the whole job of the trial prosecutor: provide a fair trial." The opinion then goes on to explain specific duties of prosecutors and why one particular prosecutor fell short. Recommended reading for all: https://www.courts.ca.gov/opinions/documents/G055482.PDF Analogous events are playing out on the national stage, with those results as yet unknown. An interesting motion filed by Gen. Flynn's counsel alleges repeated Brady errors by the prosecutors in that matter. You can review the motion below and stay tuned for further developments. https://www.scribd.com/document/423830982/US-v-Flynn-Brief-in-Support-of-Motion-to-Compel-Brady-Material-and-Order-to-Show-Cause