Tuesday, August 9, 2011

Why is the San Bernardin County DA's Office Trying to Stall Recovery in the Flood Control Case?

In the San Bernardino Sun July 29, 2011 article entitled Judge to continue review of stay in SB County lawsuit [by Sandra Emerson Staff Writer] posted: 07/29/2011 04:37:30 PM PDT [See http://www.sbsun.com/sbcountywatch/ci_18579654] the County DA's office is recommending the San Bernardino County Flood Control District lawsuit be stayed ["Both cases (the civil recovery & criminal)have received a significant amount of publicity in San Bernardino County and it could be highly prejudicial to the prosecution or the defense if such finding were made in advance of the trial in the criminal case," Hackleman said. Hackleman said there is also concern that findings in the civil case could become the subject of the criminal proceedings. Discovery in the civil case will overlap with the criminal case, including but not limited to the depositions of some or all of the criminal defendants and material witnesses"]
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Blogger Bob's comments:
(1) Why should the indemnity case be stayed? Are the criminal defendants charged but not convicted asking for a stay? Nope.
(2) If the case has merit, pursue it and get the money back. What is Janice Rutherford worried about (a competent prosecution team in the civil case finding her out)?
(3) If it doesn't have merit dismiss it.
(4) I think an OSC re dismissal is what some federal judges might do (I know this is a state court case, but San Diego has been progressive in case calender management).
(5) Frankly with a different burden of proof in civil cases, the County might get some money back now and not have to wait for the ever foot-dragging persona of the DA's public integrity unit to get out of its own way.
(6)I think the DA is maybe worried that their star witnesses, when vetted in front of a San Diego County jury, will not be credible (heck many are felons, some with histories of drug addiction and some with public statements denying any wrongdoing--some might call that uncharged perjury), which may weaken their chances on any of the remaining criminal prosecutions.
(7) Shouldn't the $20 million in taxpayer's money for legal fees come to some fruition now? Given the obvious problem the DA's office is getting these cases to disposition (the State AG's office has brought people in to help), you'd think, if the cases against the charged defendants had merit, they'd welcome the help of the lawyers prosecuting the civil case.

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