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Judge's lawyer accuses DA of unfair retaliation - Judge Diana Hall |
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Written by Administrator
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Tuesday, 13 July 2004 |
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Judge's lawyer accuses DA of unfair retaliation
Wants charges of violating campaign contributions dropped; Hall pleads not guilty
7/13/04
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
The lawyer for Superior Court Judge Diana Hall alleged that the District Attorney's Office has unfairly retaliated against his client and said he wants the prosecutors off the case and all charges dropped.
Lawyer Michael Scott claims that Santa Barbara County prosecutors are bitter because they didn't get everything they wanted in last year's criminal trial against the judge and are now going after her on trumped-up charges.
The District Attorney's Office alleges that Judge Hall violated the California Political Reform Act by disguising the source of a campaign contribution. She pleaded not guilty to eight misdemeanor charges on Monday in Santa Maria.  | | Judge Diana Hall |
"They tried very hard to get a felony conviction against her and were unable to do so last year," Mr. Scott said. "Only after they failed to get a felony conviction did these charges get filed -- indicating bias and vindictiveness."
The current charges stem from an undisclosed $20,000 contribution to her 2002 re-election bid by her former live-in lover, Deidre Dykeman. A spat between the women ended with a high-profile criminal trial and Judge Hall's conviction for misdemeanor drunken driving last year.
Deputy District Attorney Kimberly Smith, prosecutor on both cases, said: "We will leave it to the judge to determine if there is a conflict or the appearance of a conflict exits. I can tell you this adamantly: It is the prosecution's position that whether it is a matter that is prosecuted by the District Attorney's Office or the Attorney General's Office, the end result should be that justice is sought."
Mr. Scott disclosed his plan to file the motion to take the case away from the District Attorney's Office and motions to dismiss the charges after his client's arraignment Monday morning. Judge Hall could not be reached for comment.
Orange County Superior Court Judge Jack Ryan was brought in to preside over the case because local judges have served with Judge Hall. Judge Ryan will hear several defense motions Aug. 30 and decide whether the case should continue to be handled by local prosecutors.
"One motion to dismiss will be filed on the basis of retaliatory or selective prosecution," Mr. Scott said. "Judge Hall is the only one who has been criminally prosecuted in this county since the statute with the Fair Political Practices Commission was enacted in 1974. Typically, it's referred to the commission for civil action."
Ms. Smith said there's a reason why no one else has been prosecuted here.
"Very few judges, if any, have ever been engaged in this type of alleged conduct," she said. "There are other jurisdictions where the District Attorney's Office has sought an indictment with regard to government code violations."
Mr. Scott said he is concerned with the timing of the charges.
"The district attorney knew about this gift from her former roommate in December 2002," he said. "They did nothing with it until the DA failed to secure a felony conviction against Judge Hall last August. It was well known prior to the trial and should have been included in the original charges."
The District Attorney's Office confirmed the judge was under investigation on the day she was sentenced on misdemeanor drunken driving. She was found not guilty of three other charges, including preventing a witness from calling police, brandishing a weapon and battery. Prosecutors dropped a felony charge of destroying a telephone, which allowed Judge Hall to return to the bench. She lost her license for 90 days and was ordered to attend alcohol counseling and pay a fine of $1,600.
In response to the question about the timing of the new charges, Ms. Smith said: "This is evidence that was derived from her testimony at the trial. ...When a prosecutor becomes aware -- when evidence comes to light -- that a crime has been committed, the just and appropriate thing to do is to investigate and determine if there is enough evidence to proceed."
This time, Judge Hall could face up six months in jail and a fine of up to $60,000 on each count, Assistant District Attorney Christie Stanley said.
If convicted, Judge Hall would not be able to run for public office for four years. It would then be up to the state Judicial Council to determine if the misdemeanors amounted to moral turpitude. The council could take action to remove her from the bench.
An audit by the state Franchise Tax Board in April concluded that Judge Hall broke the law by putting the loan money from Ms. Dykeman into her own bank account and failing to disclose the source. The next day, the audit said, Judge Hall wrote a personal check for $25,000 to the Committee to Re-Elect Judge Diana R. Hall -- and reported the $20,000 as part of her own campaign contribution.
The tax board has no enforcement powers in the matter and forwarded its report to the state Fair Political Practices Commission, the attorney general and the secretary of state
:nav Source: http://news.newspress.com/topsports/071304judge.htm
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