Legal Question in Criminal Law in California

withholding incriminating evidence

Through a FOIA request, we discovered that our police dept. withheld incriminating evidence from an animal cruelty and pet theft investigation report submitted to the DA's office, resulting in the DA's decision not to prosecute. The DA's office stated that the police report lacked sufficient evidence to prosecute.

We have reviewed a copy of this report (86 pages) and discovered that huge amounts of incriminating evidence were withheld. Testimony and/or statements from several key eyewitnesses were missing and many of the facts were twisted and distorted, such that, most of the information was disturbingly inaccurate.

We have been conducting an investigation into the activities of the suspects for nearly two years. After the case broke open in July, huge amounts of evidence surfaced including key eyewitnesses that came forward with statements. Photographic evidence was abundant.

Our compilation of evidence was also submitted to the DA's office however, when asked if they reviewed our submission, their comment to us was, ''we skimmed over it.�

What can we, as citizens, do? Is it not illegal to withhold incriminating evidence? Whom do we go to when the police department is violating the law?


Asked on 2/06/03, 3:37 am

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: withholding incriminating evidence

Each D.A.'s office usually has a filing attorney. That person's job is to review the information on a case by case basis and establish the likelihood of getting a conviction. If the case looks strong enough, he files a criminal complaint on behalf of the People of the State of California. When you have facts that are "twisted and distorted" it can lead the filing attorney to believe that the case would be a great deal of "he said, she said" which leads to doubt, which leads to an acquittal.

Your best bet is to write a letter to the filing D.A. or try to get a meeting with him/her. Be patient. They have a tremendous workload. Be brief and be organized. Try to persuade him/her that the person is guilty and that it would be feasible to prove it.

If that still doesn't work. Try to get the media involved. That's why we have freedom of speech and freedom of the press.

Good luck,

Ben

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Answered on 2/06/03, 9:55 am


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