The People Vs Denise D’Sant Angelo APPEAL Motion pdf

 

Five years ago I was beaten complete with medical records. Shot at and arrested 5 separate times in a six month period. After which the District Attorneys Office charged me with 7 strike-able felonies. During this time I was told by my Public Defender Karen Adkins, I would  be sent to prison to serve two life sentences. Then add that it was Superior Court Judge Brian Hill and D.A. Prosecutors Mary Barron and Greg Boller who abused my legal rights. You see It was them and not I who was guilty of breaking the law. 

 

I also mentioned that many of you are probably unaware one of my siblings is employed by Local Law Enforcement, the F.B.I. I am told. We have not spoken much since all my troubles started which is how they want it not me. I went on to share with you all that Prosecutor Greg Boller was unaware of who my sibling was until I was almost half way through my 36 month probation. Even then Mr. Boller was still threatening me with more illegal actions by him and the District Attorneys Office. Neither myself or family member were seeking any special treatment on my behalf. Like I stated the other day I am one of the lucky ones.

 

“A criminal prosecutor is not only an advocate but, as a representative of the sovereign, has a duty to seek justice, which includes the responsibility of seeing that the defendant is accorde procedural justice.” (Berger v. United States (1935) 295 U.S. 78, 88 [79 L.Ed. 1314, 1321, 55 S. Ct. 629]; County of Santa Clara v. Superior Court (2010) 50 Cal.4th35, 48.)

 

Read about another person who regardless of if you feel they are Guilty or Not. I feel the Defendant was not accorded procedural justice, and that is a CRIME by our District Attorneys Office.

 

D’Sant Angelo sentencing delayed : 30-day reprieve granted for allegations of incompetency of council, misconduct

 

The appeal case has since been reinstated and she is being represented by the California Appellate Project (CAP). It was CAP’s position that it was a conflict for Mr. Allen to represent D’Sant Angelo in the 2nd case due to a variety of factors. Like “failing to provide competent counsel and his abandonment of the appeal process”. Read the Appeal Motion at the link below.

 


 

 

 

 

 

 

 

D’Sant Angelo sentencing delayed : 30-day reprieve granted for allegations of incompetency of council, misconduct

SONIA FERNANDEZ, NEWS-PRESS CORRESPONDENT

July 19, 2011 5:51 AM

Moments before what would have been her sentencing, Denise D’Sant Angelo, convicted of scamming $30,000 from an elderly couple, won a 30-day reprieve as part of her effort to get a new trial.

 

Santa Barbara County Superior Court Judge Frank Ochoa granted Ms. D’Sant Angelo the continuance Monday to allow her to present written arguments on the grounds of “prosecutorial misconduct, juror misconduct and incompetency of counsel” according to Ms. D’Sant Angelo.

 

“I believe there are sufficient grounds and I believe I have the right to be heard on them,” Ms. D’Sant Angelo, now representing herself, repeatedly told the court Monday afternoon.

According to Ms. D’Sant Angelo, her former attorney Joe Allen was often too busy to have conversations with her, the prosecution had witnesses testifying falsely, and that a juror (since that time released from duty) had contact with Judge Ochoa’s wife, a local TV news anchorwoman, at a time that members of the jury were not allowed to talk to the media.

The time granted to her would allow her to get her own client file from Mr. Allen in order to support her anticipated motion for a new trial. As she is working on her defense from jail, she indicated, she is limited in the amount of supplies to work with and the research she can do.

“There’s no substance to what she’s saying,” said Senior Deputy District Attorney Brian Cota, for the prosecution, pointing out that Monday’s would-be sentencing hearing was about 70 days after the verdict, where the jury found her guilty of six counts of grand theft, six of theft from an elder adult and another allegation of unlawfully practicing law. Her two legal representatives in the case, Mr. Cota pointed out, found no reason to move for continuance.

“Let’s not lose sight of the fact that this is a simple case,” said Mr. Cota, calling Ms. D’Sant Angelo’s efforts a delay tactic. “It’s a theft case, a burglary case.”

This isn’t the first time Ms. D’Sant Angelo has found herself in trouble with the law. She was convicted last year of stealing $2,800 meant for the Sisters of Bethany, a Catholic order of nuns who were evicted from their Eastside convent several years ago. Ms. D’Sant Angelo now faces a total of 11 years in state prison.

Though initially somewhat skeptical, Judge Ochoa granted her the single continuance, which was good news to friend and supporter Michael Warnken, who sat in the courtroom during the hearing.

“I’m concerned that Denise did have a chance to see her files,” he said.

Ms. D’Sant Angelo will be back before the judge on Aug. 22.

e-mail: news@newspress.com

 

 

A letter written on Denise’s behalf by a concerned person.

Dear News Press Reporter,

As usual you appear to be a mouth piece for the DA’s office. You have left out some very important  information during the recent Denise D’Sant Angelo trial.
Did you know Ms. D’ Sant Angelo attempted to fire her attorney in late March just prior to this trial, in part because her attorney Joseph Allen had failed to file his opening brief for her appeal?  He also failed to inform D’Sant Angelo about the later dismissal of the appeal and then tried to mislead her and family members about the status of it.
  The appeal case has since been reinstated and she is being represented by the California Appellate Project (CAP). It was CAP’s position that it was a conflict for Mr. Allen to represent D’Sant Angelo in the 2nd case due to a variety of factors. Like “failing to provide competent counsel and his abandonment of the appeal process.” You didn’t hear about this because our D.A. and Mr. Allen did not want you to hear instead you hear:
“However, he also acknowledged that defendants have the right to be represented by attorneys of their choice and said only a brief delay would be permissible.”  Funny this sentiment wasn’t expressed prior to trial when she discharged Mr. Allen the first time.
In light of the appellate court’s finding, I find it quite odd that Judge Ochoa would testify on the record that “Joe Allen did a fine job at trial
Judge Ochoa than refused to allow Mr. Allen to be discharged (prior to trial-Marsden motion-April 6) because Mr. Allen stated that he didn’t file the opening brief in the appeal because “he did not feel there were any grounds for an appeal.” That’s funny because originally he did he file the Notice of Appeal, what was he thinking? CAP’s Motion for reinstatement of the appeal included Joe Allen’s last plea to the appellate court for yet another (4th) continuance. A declaration that stated he felt there WERE meritorious issues and grounds for an appeal. Mr. Allen lied to Judge Ochoa. These are all a matter of record.
CAP’s motion included numerous alleged violations of rules of professional conduct as well as other business and professional codes by Allen. The 2nd District Court of Appeals agreed.(Not just in D’Sant Angelo’s pleadings) There is a pending State Bar complaint against Allen for his violations. 
I will not even begin to address the prosecutorial (or probation dept) misconduct. Mr. Reporter you have never even addressed the juror misconduct during this trial or did you intentionally leave that part out? A juror approached Judge Ochoa’s wife at the county fair (during trial proceedings) and began spouting off how much she wanted to convict D’Sant Angelo (this prior even to defense being presented) she went on to explain she has posted all of her ranting on Facebook. Paula Lopez confirmed the Facebook rants and told her husband. The juror was eventually reprimanded and discharged. This alone is grounds for a mistrial.”

 

 

 

 

 

 

S.B.C.C.C. The place where COMMON SENSE never goes out of style!


 

 

 

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About magicinsantabarbara

Our Santa Barbara Criminal and Civil Superior Courts often abuse’s us with illegal and unjust judgments and convictions. So I investigate, law enforcement, judge’s, elected officials and our California Public Pensions trying to expose the corruption we are being forced to accept. We must always respect and support those who practice the law in an even and ethical manner and demand it from those who do not. Here you can find data for SBCERS, VECRA, LACERA .pensions as well as others.
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