News Flash, Prosecutors Lie

January 26, 2015

All Posts, News

The Ninth Circuit Court of Appeals has been shocked this month to discover that prosecutors lie, cheat and steal to win cases and advance their pathetic careers. This sudden, blinding realization is reminiscent of the fictional, French police Captain Louis Renault who was “shocked, shocked” to discover gambling in Rick’s Café Américain in the movie Casablanca.

There have been a few indications that judges know that prosecutors play games even if the press does not. Two years ago Chief Judge Alex Kozinski worried about “an epidemic of Brady violations abroad in the land.” Kozinski was referring to a Supreme Court decision in a case titled Brady v. Maryland which requires prosecutors to disclose, or discover to the defense, everything they know about a case including evidence that would tend to prove an accused man is innocent.

Prosecutors never play fair, of course, and Kozinski seems increasingly unable to ignore that ugly fact

Eric McDavid

The first case that came to Kozinski’s attention this month was an appeal of an “ecoterrorism” case against Eric McDavid. McDavid was convicted and sentenced to 20 years in prison in 2007 and was released after serving nine years on January 8. He was the victim of an FBI “sting” that used a 19-year-old, paid snitch named “Anna.”

Anna assembled the group of “terrorists,” organized their meetings, taught them how to make bombs, drove them to the store to buy bomb-making materials, harassed them when they weren’t sufficiently militant, slept with McDavid, told him she loved him and encouraged him to love her. “I think you and I could be great, but we have LOTS of little kinks to work out,” she wrote him in one love letter.” In another she wrote “I hope in Indiana we can spend more quality time together, and really chat about life and other things.”

Defense attorney Mark Reichel described Anna as an agent provocateur but he couldn’t prove it because the government hid evidence and then lied about it. At McDavid’s trial an Assistant United States Attorney named Ellen Endrizzi told the judge McDavid “has throughout his papers said there was a romantic relationship [but] he has provided no facts of that.” McDavid couldn’t provide the love letters because Endrizzi had them locked up in a subterranean vault in her private office in hell. In her closing statement she told the jury “There are supposedly love letters. We’ve got evidence of one. Supposedly Mr. McDavid is falling all over himself for Anna. But you have testimony that Anna rebuffed him.”

McDavid’s lawyers filed a Freedom Of Information Act request for the missing evidence. Some of it eventually surfaced three years after McDavid went to prison. Most of it still remains secret. For example the name of the prosecutor in charge of the investigation remains a state secret. The government has said it innocently “misplaced” the evidence. A long, legal wrangling followed the FOIA disclosures and McDavid was eventually released after he agreed to plead guilty to a lesser charge with a sentence that amounted to half the time he had already served.

Johnny Steven Baca

But, what really got Kozinski’s attention this month was the appeal of a convicted “murderer” named Johnny Steven Baca.

Baca was accused of murdering same-sex companions John Adair and John Mix in 1995. Adair was a doctor and according to police he identified Baca as the shooter before he died. But the case against Baca was always weak. Paul Vinegrad, the Riverside, California Deputy District who prosecuted Baca enlisted the aid of a jailhouse snitch named Daniel Melendez who, in return for a promise of leniency from another prosecutor named Robert Spira, testified that Baca had confessed his crime when the two were locked up in the same cell.

Melendez said Baca had confessed he didn’t like the victims’ homosexuality and that he had been part of a scheme with Adair’s son to get rich. “The plan was for defendant to kill the doctor and his companion while they were together so that it would look like a love-triangle murder, then they could take the insurance proceeds.”

The problem was that Melendez was lying, Spira knew he was lying and then Spira lied under oath about that. Worse, the California Attorney General seems to have known about it and withheld evidence that would have proven the perjury from a California appeals court.

The case wound up in the federal appeals court because Baca is still locked up.

At a hearing on the matter earlier this month Judge Kozinski wondered why Melindez and Spira hadn’t been prosecuted for perjury. It was a good question and the court posed it to California Attorney Kamala D. Harris – a vacuous and unscrupulous woman whom President Obama has proclaimed to be the most beautiful attorney general of them all (above) and who recently announced she is running for the United States Senate.

Earlier this month a Deputy Attorney General named Kevin Vienna answered the court on behalf of Harris with a three page, prolix letter that boiled down to, “There have been extensive discussions of this matter at the highest level of our office.” Vienna promised the court that Harris might have something more to say later this month.

Maybe mañana. Maybe at a campaign appearance.

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13 Responses to “News Flash, Prosecutors Lie”

  1. rollinnorth Says:

    “Santa Clara County: Ex-jailer says planting informants was routine

    A former Santa Clara County Jail official has claimed he routinely helped cops and prosecutors plant jailhouse informants to actively dig up information from suspects for about 10 years ending in the late 1990s, potentially violating a Supreme Court ruling that prevents the government from sending anyone to interrogate defendants without their lawyer being present.

    The remarks by retired Lt. Frank Dixon in a sworn declaration he gave in an appellate case, as well as an interview with this newspaper, appear to be a rare admission of what defendants have long insisted is a common civil rights violation by law enforcement.”


  2. rollinnorth Says:

    Now that the video of the Johnny Baca appeal has gone viral, the LA Times weighs in on this sordid mess.

  3. One Eye Says:

    That fact that none of these corrupt officials that colluded to imprison innocent people have been prosecuted evinces the government’s willingness to tolerate, and condone their actions. The only thing more disgusting is that an innocent man will have a criminal record because the government is too arrogant to admit their guilt and rectify it. May there be a special place in hell for them.

  4. popeye Says:

    What sucks is having fabricated charges you need to defend against. The cost will bankrupt you. My lawyer charges a retainer of $25,000 for a felony and thats just to show up . The cost can make you want to cop a plea just so you dont lose everything.

  5. Road Whore Says:

    And, you know what sucks more than anything else? That a may can be found innocent, and yet have to plead guilty to SOMETHING in order to go free! Forget “justice;” where in the fucking hell is the twisted logic in that???

    Ride Free

  6. panamaa Says:

    Carry on my friend…

  7. Road Whore Says:

    @ Phuquehed: Yep!

    @ Paladin: Good on ya!

    Ride Free

  8. Paladin Says:


    I work as a non-disclosed expert on behalf of Plaintiff’s that file excessive force civil suits against law enforcement agencies. I also work on behalf of the defense in criminal cases.

    As good as some attorneys are, they don’t always know to subpoena a Department’s “use of force” policy or what to look for when reviewing a car’s dash cam video or body camera video.

    Because I taught and sometimes still teach self defense with handguns, rifles, shotguns, etc., I can speak to what is referred to as fight dynamics, which involve action vs reaction, pre-assault behavior, etc.

    I also coach attorneys on the questions to ask when discrediting the Prosecution’s “Quacksperts” such as Gil-Blanco. And to answer your question: Yes; I’m a retired Deputy Sheriff. Most, if not all the regulars that post on Rebel’s site are aware of this. When I retired, the Department I worked for was as happy to see me go, as I was to leave.

    Long May You Ride,


  9. willienelso3 Says:

    to Paladin–

    much respect to you.
    anyone who helps peel those vile fingers off of lady justice’s scales rates a bit of acknowledgement now and then.


  10. Odie Says:

    Kamala D. Harris – a vacuous and unscrupulous woman whom President Obama has proclaimed to be the most beautiful attorney general of them all.

    Compared to that ape he’s married to don’t y’all think so too.

  11. Drops Says:

    Paladin, what do you do?

  12. Phuquehed Says:

    Rope. Tree. Scumbag DA’s/persecutors.

  13. Paladin Says:

    This article is why I do what I do.

    Long May You Ride (to those that deserve to),


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