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  1. SF Prosecutor Accuses Judge of Bias

No Conflict of Interest in SF Crime Lab Court Challenge

Remember when a San Francisco Judge chas­tised the San Francisco prosecutor’s office for now dis­clos­ing the criminal/un-professional behav­ior of lab ana­lyst Deborah Madden?

District Attorney Kamala Harris response was to accuse the judge of being biased. How dare a judge not back-up the prosecutor’s office com­plic­ity in cov­er­ing up the crime lab fiasco! Apparently she “didn’t get the memo”.

Well an inde­pen­dent Judge brought up from Monterey County California, has ruled there was no con­flict of interest.

An inde­pen­dent judge has denied claims of bias made by pros­e­cu­tors about another judge who lam­basted District Attorney Kamala Harris’ office in the wake of the crime-lab scandal.

In May, Judge Anne-Christine Massullo slammed the District At-torney’s Office for fail­ing to pro­vide infor­ma­tion about lab tech­ni­cian Deborah Madden’s crim­i­nal past to defense attor­neys, which is a vio­la­tion of the U.S. Constitution.

Harris had placed the blame with the Police Department, which held Madden’s per­son­nel records but failed to pro­vide a his­tory of dis­ci­pli­nary actions to prosecutors.

Massullo, how­ever, said pros­e­cu­tors were just as much to blame because they work closely with police and that “by at least Nov. 19, 2009, indi­vid­u­als at the high­est lev­els of the District Attorney’s Office knew that Madden was not a depend­able wit­ness at trial and that there were seri­ous con­cerns regard­ing the crime lab.”

Prosecutors coun­tered with court fil­ings claim­ing Massullo’s hus­band was a defense attor­ney and had appeared on a panel to talk about the so-called Brady issues, cre­at­ing a con­flict of inter­est that should dis­qual­ify Massullo from rul­ing on the case. Under Brady pol­icy, a wit­ness must dis­close any past crim­i­nal history.

Monterey County Superior Court Judge Thomas Wills was brought in to rule on the motion and denied it in a deci­sion filed Wednesday.

Keep read­ing the SFExaminer.com. Maybe we’ll soon learn what the next excuse will be.

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  1. SF Prosecutor Accuses Judge of Bias

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