Ruling against Santa Cruz County DA’s office upheld in bank takeover case
While not big news, Judge Burdick’s sanction against the DA’s office is upheld and they will have to pay the $500 fine. It is interesting that Bob Lee’s office was able to timely appeal this ruling and yet couldn’t present evidence in this case within court ordered time frame. The District Attorney’s Office has mishandled this case from the beginning, from the moment they filed the charges against the eleven, and they continue to do so as we wait to the outcome of their motion to dismiss Burdick.
The following is the article from the Sentinel:
Santa Cruz >> An appellate court has upheld a judge’s decision to levy a $500 fine against the Santa Cruz County District Attorney’s Office for not promptly sharing evidence with defense attorneys in a bank takeover case from 2011.
Eleven defendants involved with Occupy Santa Cruz initially were charged in a takeover of a vacant bank building at 75 River St. in Santa Cruz. In February 2012, defense attorneys asked prosecutors for “all reports, photographs and videos” related to the takeover, according to judges in the Sixth District Court of Appeals.
Prosecutors supplied some of the material, but in May 2012 it was revealed that there was additional police surveillance footage that was not released, according to court records.
Prosecutors blamed technical problems for not providing the footage later that year and a preliminary hearing again was delayed. Santa Cruz County Superior Judge Paul Burdick imposed a $500 sanction against the District Attorney’s Office for not providing the material.
District Attorney Bob Lee filed for an appeal of the ruling and fine in March 2013, but appellate judges upheld the decision in an April 4 ruling.