California Court of Appeal Upheld Dismissing Sex Charges for Prosecutorial Misconduct

April 17, 2015

On February 24, 2015 the California Appellate Court for the Fifth District (People v. Velasco-Palacious (2015)) upheld a trial court’s order to dismiss accusations of the defendant who was accused of committing lewd and lascivious acts with a child under 14 years old, a violation of California Penal Code 288(a).  The trial judge dismissed the charges after accusations were revealed that a prosecutor committed misconduct after inserting a false confession into an audio transcript of a police investigative interview with the defendant.  The trial court dismissed all charges against the defendant citing that disseminating the fraudulent confession during plea negotiations was “egregious, outrageous, and … shocked the conscience [of the court].”

Should an accused child molester have his case dismissed if the prosecutor intentionally alters an interrogation transcript to include a confession that could impact a defendant’s right to a defense at trial?  Through a legal standpoint, such conduct is outrageous no matter what a defendant is accused of.  All individuals include the right to a fair trial with the right to contest the legitimate evidence against them, not illegitimate fabricated evidence.  Such conduct on part of the prosecutor should warrant his permanent disbarment.

For more information or if you have been accused of committing a crime, contact an Orange County Criminal Defense Attorney at the Law Offices of John D. Rogers. Call us to schedule a free confidential case evaluation.

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