CALIFORNIA CRIMINAL LAW: DELAY CAUSING PREJUDICE, NO JUSTIFICATION, REQUIRES DISMISSAL
So there was a little, teeny, tiny preaccusation delay bringing this case. Like 26 years! Really.
In 1981, the DA filed attempted murder in San Diego and got an arrest warrant. In 1982, the defendant was arrested in Pennsylvania and waived extradition, but the DA couldn't find the victim so the defendant was released and was told the case was dismissed. The defendant was denied disability benefits in 2007 because of the still outstanding arrest warrant, so he tried to clear this up.
Oops, the DA decided to proceed. Evidence was lost and the victim's memory was unclear, so the defense was able to show prejudice. Since the DA did nothing for 25 of the 26 years after the defendant was arrested in Pennsylvania, there's no justification for the delay. The dismissal for violation of state speedy trial and federal due process rights is affirmed.
Um, how much taxpayer money was spend having to defend this case?
People v. Mirenda; 2009 DJ DAR 8732; DJ, 6/18/09; C/A 4th
