DUI lawyer Daryll Genis tries to slit DA Joyce Dudley's throat!!!
ok so Daryll Genis has been making the rounds on the Independent, EdHat etc trying to defend the indefensible: a DUI three-peater (and he's also trolling for future clients!)
|Scott and Darryl, sittin' in a tree...|
and Darryl defends a RAPIST!!
but a gal named Ellen Peck,a former State Bar Court judge who writes with a touch of satire about legal cases, provides a bit more detail:
"The California Supreme Court reversed the Court of Appeal decision disqualifying Ms. Dudley. It held, pursuant to Penal Code §1424, that there was no conflict and even if there had been, no unlikelihood of a fair trial was proven. (Id., pp. 582-583.)
Holy Hariguchi Hollywood!
Disqualifying a prosecutor just got a little harder, thanks to two rulings by the California Supreme Court
By Ellen R. Peck
©2008. All rights reserved.
The guy who is prosecuting my client thinks he’s the criminal law version of John Grisham," remarked Meryl Terpitude, sitting with his feet up on his partner California Joan’s desk. "We are about to go to trial and he is promoting sales of his first novel about winning a case remarkably like my client’s. I want to get him and his entire office recused. Do you think it’ll fly?"
"I don’t think so, based upon the California Supreme Court’s recent prosecutor/novelist disqualification case, Hariguchi v. Superior Court (Santa Barbara Co.) (2008) 43 Cal.4th 706 (Hariguchi)," Cali said. "Tell me about the case," Meryl replied.
"On Sept. 14, 2005, Massey Hariguchi was charged with rape by intoxicating agent, oral copulation, residential burglary and marijuana possession after allegedly assaulting his victim in her apartment," Cali explained.
"Hariguchi sought recusal of Ms. Dudley and her entire office arguing: (1) the novel was a fictional account of the rape of an intoxicated person; (2) like Hariguchi’s case, the novel’s trial was to begin in April 2006; (3) one character in the novel closely resembled Hariguchi; (4) the novel’s rape was similar to an unrelated case which Dudley had tried resulting in a hung jury; (5) Dudley was promoting the book in Santa Barbara at the time Hariguchi’s trial was set to commence; (6) the book was selling at two local bookstores; (7) Dudley appeared at public ‘book signing’ events locally; (8) a Santa Barbara television station interviewed her about her book; (9) the Santa Barbara Independent, a local newspaper, published a complimentary review of the novel; and (10) Dudley’s marketing of her book compromised her ability to discharge her prosecutorial duty to seek justice impartially." (Ibid.)
Meryl interjected, "I’ll just bet Dudley denied that her novel was based on the Hariguchi case; that her promotion of the novel had any connection to the Hariguchi case; or that her decisions in Hariguchi had been affected by the book’s publication."
"Correct!" Cali affirmed. "The California Supreme Court reversed the Court of Appeal decision disqualifying Ms. Dudley. It held, pursuant to Penal Code §1424, that there was no conflict and even if there had been, no unlikelihood of a fair trial was proven. (Id., pp. 582-583.)
"Didn’t publishing a book linked to Hariguchi’s case give Dudley a monetary impetus to prosecute the case, since the publicity would increase her book sales?" asked Meryl.
now if Peter Lance can write a book of fiction in the pages of the News-Press, why can't our heroine Joyce Dudley write a book, too?