MJEOL - Zonen Thrown off of High Profile Case

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Santa Barbara County

Zonen Thrown off of High Profile Case

Written by Administrator
Friday, 27 October 2006
[b]Court bars S.B. prosecutor from kidnap-murder trial[/b] By Raul Hernandez October 7, 2006 The 2nd District Court of Appeal in Ventura ordered that a Santa Barbara prosecutor be recused from the capital murder trial of Jesse James Hollywood, the alleged mastermind behind a plot to kidnap a 15-year-old youth from West Hills. The justices, however, denied a request by Hollywood's lawyer that the Santa Barbara District Attorney's Office be recused from prosecuting the case, which has drawn national attention. Prosecutor Ron Zonen acted as an unpaid consultant and shared investigative files with movie producer Nick Cassavetes, who is producing a movie, "Alpha Dog," loosely based on the kidnapping and killing of Nicholas Markowitz. He was shot and buried in a remote Santa Barbara County campground in 2000. In a strongly worded opinion released Thursday, the Court of Appeal stated that Zonen's conduct, while well-motivated, was unprofessional. "To say that Zonen went too far in his attempt to apprehend petitioner (Hollywood) is an understatement," the Court of Appeal ruling stated. "In his zeal to apprehend petitioner so he could be brought to justice, Zonen virtually gave the entire file, owned by the public, to the filmmakers." The file included audiotapes, Zonen's trial notebook, unredacted police reports that contained the addresses and telephone numbers of witnesses, along with psychiatric and probation reports, and possibly "rap sheets." "We are aware of no authority allowing a public prosecutor to give away, even temporarily, public property, especially when that property contains highly sensitive confidential information in a pending case," the 18-page Court of Appeal ruling states. Likelihood of an unfair trial Presiding Justice Arthur Gilbert wrote in a concurring opinion: "However appalling the crime for which the defendant was charged, he, like anyone charged with a criminal offense, is entitled to a fair trial with all its attendant constitutional and statutory safeguards." The likelihood exists that Hollywood will not receive fair treatment if Zonen remains as the prosecutor, the justices stated. Senior Deputy District Attorney Gerald Franklin said his office hasn't decided whether to ask the appeals court for a rehearing on this matter. He said another option is an appeal to the state's Supreme Court. Franklin said he doubts that Zonen's recusal would prolong bringing this case to trial. Four men prosecuted by Zonen have been convicted in the slaying, but Hollywood fled after being charged with murder in 2003. He was arrested in Brazil last year. "Alpha Dog" likely will be released this fall. Zonen could not be reached for comment. Earlier this year, the state Supreme Court ordered a hearing to determine whether the prosecutor trying the murder case acted improperly. The Court of Appeal last year turned down Hollywood's claim without a hearing. [b]Friday, former state Supreme Court Justice Armand Arabian, now a private attorney representing Hollywood, said he is pleased that Zonen was recused.[/b] "It's a half a bite of the apple. It's always better than no apple," Arabian said. He says he doesn't know whether he will appeal the portion of the ruling that allows the Santa Barbara District Attorney's Office to handle prosecution of his client. Arabian said there are 45 prosecutors in that office and the appeals court decision doesn't "create insulated wall" between the office and Zonen. Arabian said the office is too "tainted" with Zonen's "terrible" deeds, which can't simply be eliminated by removing Zonen, the lead prosecutor. In the July hearing before the appeals court, Deputy Attorney General David F. Glassman implored the justices to look at Zonen's motives. Glassman, who is representing the District Attorney's Office, said the movie producer didn't give Zonen any money. Franklin told the justices that Zonen was interested in seeking justice and finding Hollywood, who was, at the time, a fugitive. Both criticized and praised Despite its harsh criticism of Zonen's actions and his efforts to keep his cooperation with the filmmakers secret, the Court of Appeal also had praise for him. The justices wrote that he gets "high marks for his zeal in attempting to bring" Hollywood to justice. "The manner in which he went about achieving his goal, however, is quite another matter," the court noted. source: http://www1.venturacountystar.com/vcs/county_news/article/0,1375,VCS_226_5050176,00.html

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