Because of a recent story written by Santa Maria Sun reporter JEREMY THOMAS legal questions are now being asked about the interrogation tactics used by our Santa Barbara County Law Enforcement and Distinct Attorney’s Office. I feel the actions by the investigating officers as well as the prosecutors in this story are disgraceful. You may view the story in full @ http://www.santamariasun.com/cover/7541/walking-the-line/
Walking the line
I shared my views and the story on my blog @
And here is a reader’s comment I found today. If you click on the author’s name you will be taken to this web page. http://www.bellfolsom.com/who-we-are/
Olathe attorney criminal said…
Well Written. Totally absorbed in reading this is amazing.
December 16, 2011 11:52 AM
Here are the files I posses that pertain to these allegations as well as my response to the comment above;
“Law enforcement cannot violate the law to enforce the law,” Santa Maria Superior Court judge Kuns said in her opening statement. So what is the public to think when the former acting District Attorney Ann Bramsen appears to be covering up the actions described in this story?
Michelle Gregory, a spokeswoman for the State Attorney General’s office, told the Sun the office was “unaware” of such a ruse tactic, but declined further comment. So what is the public to think about the Attorney Generals reluctance in dealing with this highly alarming situation?
The Southern California American Civil Liberties Union’s senior staff attorney Peter Bibring also weighed in from Los Angeles.
“Deliberately creating false court documents undermines the integrity of the courts and our justice system, and is not something police or prosecutors should be doing,” Bibring said.
More importantly, he added, “Police and prosecutors who falsely identify people as witnesses against a suspected violent criminal put those people in danger, likely in violation of not only the Constitution but also their basic duty to protect the public. An officer who deliberately put members of the public in danger to solve a case will likely be held responsible by courts for any harm that results.” The reporter obviously had a lot to consider here and I agree with the ACLU’S public safety issue, but I have another equally important concerns. Since there was no real witness for the investigating law enforcement or Santa Barbara County District Attorney’s Office to call on. They obviously never intended to try this case before a jury and here is why.
“The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government. The right only applies to criminal prosecutions, not civil cases or other proceedings”. This was found @ http://en.wikipedia.org/wiki/Confrontation_Clause
I close with this; how can the defense prepare to defend their client against a nonexistent witnesses or facts? The use and then pulling of the “Ruse Documents” seems to be without question, both illegal and Unconstitutional. The Men and Women in our military give their lives daily to assure us that our Constitution cannot and will not be abused by anyone under any circumstances. Because of this we all should be able to take comfort in knowing our way of life is preserved. That is unless you live in, are charged in, and finally prosecuted in Santa Barbara County California.
WE HAVE HUGE PROBLEMS IN SANTA BARBARA COUNTY AND ALL THE LANDS IT COVERS.