A former Santa Clara County deputy district attorney abused his office and violated the due process rights of several criminal defendants, a State Bar Court review panel ruled last month, and should therefore lose his law license for four years.

Finding that BENJAMIN THOMAS FIELD [#168197] “disregarded prosecutorial accountability in favor of winning cases,” the three-judge panel upheld the recommendation of hearing Judge Pat McElroy and also urged that Field be given five years of probation.

The state Supreme Court must rule on the recommendation before it takes effect.

Field, 45, a career prosecutor and one-time rising star in the DA’s office, originally was charged with 25 counts of misconduct in four cases he prosecuted. The bar court dismissed several charges as duplicative.

“Although our system of administering justice is adversarial in nature and prosecutors must be zealous advocates in prosecuting their cases, it cannot be at the cost of justice,” wrote Judge Catherine Purcell, who was joined in the decision by Judges JoAnn Remke and Judith Epstein.

“Field lost sight of this goal,” Purcell continued, “ … and in doing so, he disregarded the foundation from which any prosecutor’s authority flows — ‘The first, best and most effective shield against injustice for an individual accused … must be found … in the integrity of the prosecutor.’”

The judges found that Field’s misconduct began shortly after his 1993 admission to the bar and spanned 10 years. The allegations stemmed from four cases and charged:

Field obtained a dental examination of a minor accused of sexual assault in violation of a court order. He was attempting to try the youth, who claimed to be 13, as an adult. A juvenile court judge suppressed the evidence obtained in the examination.
In a murder case, Field intentionally withheld a defendant’s statement favorable to co-defendants. As a result, the judge dismissed a 25-year gun enhancement against one of the co-defendants.
He made an improper closing argument in a sexually violent predator (SVP) case, which an appellate court described as “deceptive and reprehensible.” The court reversed a judgment committing the man as an SVP.
He intentionally withheld a witness’ statement that was favorable to the defense in a 2003 habeas corpus proceeding involving a sexual assault. The judge found that he committed a discovery violation.
In that matter, the review panel found that Field’s misconduct escalated over time and constituted “a calculated scheme to hide evidence favorable to the defense.”

Two men who were convicted of sexual assault had filed petitions for writ of habeas corpus and provided a declaration by a witness who claimed the 15-year-old victim had made false accusations because she missed curfew.

Field’s investigator found and interviewed the witness but did not notify the defense. In addition, he instructed his investigator to prepare a misleading declaration and filed it with the court, filed a statement with the court implying he did not know the witness’ whereabouts, and then waited five months before disclosing the interview, only after opposing counsel learned of the interview and had filed a motion alleging prosecutorial misconduct.

Finally, the court concluded, Field urged the court to proceed with the habeas hearing without the witness.

In the same case, Field obtained five search warrants despite the judge’s doubts about his tactics. Indeed, when Field asked the judge what to do if he needed a warrant in an emergency, the judge testified, “I looked him right in the eye and I said, ‘Ben, just don’t do it.’” Five days later, Field obtained a search warrant in another state without notifying the habeas judge.

The review panel found the Field committed several acts of moral turpitude, and did not obey a court order or follow the law. Field admitted to poor judgment and viewing his discovery obligations too narrowly, and self-reported the finding of prosecutorial misconduct to the bar.

Throughout the trial before Judge McElroy, which drew widespread interest among Field’s colleagues, he defended his behavior. The review department rejected his assertions.

Although the misconduct could have resulted in disbarment, the court found extensive mitigation, including Field’s cooperation with the bar’s investigation, an impressive record of pro bono service and “an extraordinary demonstration of good character.” In particular, it expressly noted the testimony of former Santa Clara District Attorney George Kennedy, who lauded Field’s “extraordinary professional skills and good character” and said he considers Field an honest person who is not intentionally corrupt.

Field left the DA’s office and is now chief of staff with Working Partnerships USA, a San Jose company that addresses the needs of working families in Silicon Valley.

The California District Attorneys Association (CDAA) filed an amicus brief on his behalf warning that several of the grounds for discipline involved questions of law that have not been settled. “Attorneys should be disciplined for conduct that violates clearly established law, or conduct so outrageous that its illegality is obvious,” the amicus stated, “but should not be disciplined for conduct where the law is unsettled.”

Field’s attorney, Allen Ruby, did not return a phone call for comment, nor did W. Scott Thorpe, CDAA chief executive officer.

Interesting. The Oceanside PD tried that some years back, as did Laguna. Funny, when defense attorneys started pointing out to the DA's that the videotapes showed a dramatically difference picture than the police reports, cases started getting dismissed.

Oceanside and Laguna finally trashes the cameras. Let's see how long this will last. I suspect that in the first case I get where I ask for the video, I will be told it was on the blink....

The other complaint claims that sheriff's officers in black ski masks beat a Hispanic woman on a "crime sweep" of a business that had a contract with the county, then threw her in jail for two months without allowing her medical assistance for her injured teeth.

In that case, Celia Alvarez says she was jailed for two months without proper medical care after sheriff's made the "crime sweep" on Handyman Maintenance.

In that raid, on Feb. 11, 2009, Alvarez says two deputies "lifted her off her feet, and slammed her face into a wall," injuring her teeth, jaw, face and head.

After Alvarez was interrogated and placed "in a line with many other HMI employees, one of the deputies, completely unprovoked, violently struck" her on the arm with the metal part of a clipboard, she says. She was taken to county jail, where she was subjected to an "invasive and embarrassing strip search" in front of many deputies.

She sought medical attention, but was told that "her first opportunity for medical care would not occur for at least two weeks." She says she was jailed for more than two months without proper medical attention - for so long that "doctors have been unable to repair her condition even through surgery."

Alvarez seeks damages for illegal search and seizure, and assault. She is represented in Federal Court by Steven E. Harrison and N. Patrick Hall with Wallin Harrison of Gilbert, Ariz.
In the other complaint, Armando Nido says he was driving home when Maricopa County Sheriff's Deputy James Carey tried to pull him over for a broken tail light. Carey "illuminated his lights but did not run his siren," says Nido, a U.S. citizen.

Nido says he "slowly and cautiously proceeded to drive his vehicle home rather than immediately pull over" because he feared "the pattern and practice that had been implemented and exhibited by" the Maricopa County Sheriff's Office toward people of Hispanic descent.
Nido says he parked in front of his home and got out to speak to Carey, who "accelerated his own vehicle around the driver's side" of Nido's car, running him over.

Nido says he was trapped under the police car, unable to move, and Carey refused to help him or let his family help him. Nido says he "remained trapped under the vehicle until fire and paramedics arrived," with multiple broken bones and burns, all the while suffering verbal abuse from Carey.

After Carey ran him over, Nido says, his mother ran outside and pleaded to help her son, but Carey "struck her in the chest, knocked her to the ground, handcuffed her and arrested her."

Seeing the abuse, Nido's brother, Raul, began taking photos, and Carey and other deputies "tackled him to the ground, took the camera, handcuffed him, lifted him by his cuffed arms, knocked him to the ground again, re-lifted him by his cuffed arms, and arrested him," according to the complaint.

When a second brother, Rene Nido, sought to help his brother pinned under the car, Carey Tasered him, "handcuffed him, lifted him by his cuffed arms, and arrested him."
All charges filed against the Nidos were dropped, according to the Superior Court complaint. The Nidos say sheriff's detectives recommended that the County Attorney's Office prosecute Carey for aggravated assault, but charges were never filed.

The Nidos say there is a "culture of hatred" in Arpaio's department "to individuals who appear to be of Hispanic descent."

The Nidos seek damages for assault and battery, negligence, false imprisonment and civil rights violations. They are represented by Robert Ramirez with Miranda and Ramirez.

"Chief Leach was driving on Central Avenue and allowed his car to drift off the road," said California Highway Patrol Inland Division Chief Jeff Talbot. "I understand that two of the tires were down to the rim."

The CHP is investigating the incident, but Talbot said it was too early in the investigation to determine the cause of the accident or whether alcohol was involved.

"As far as any impairment, I have no idea. We will have to rely on statements from the Riverside police officers who were at the scene. There was no arrest," he said. "We will have the vehicle in here tomorrow, and I have some officers going out to the scene."

Riverside's city manager put out a brief statement Tuesday saying Leach had been involved in a single-car, non-injury crash. Leach has been placed on medical leave, the statement said.

Police spokeswoman Sgt. Jaybee Brennan would not comment except to say there had been an accident. She referred all questions to City Atty. Greg Priamos, who did not return calls for comment.

Talbot said Riverside Police Deputy Chief John De La Rosa contacted him Tuesday and asked the CHP to investigate the accident.

"He thought it would be in the best interests of everyone for us to do it," Talbot said. "They wanted us to come in because we are completely unbiased."

The CHP often handles such investigations when they involve other law enforcement agencies.

Leach recently helped lead a massive assault on the notorious East Side Riva gang in Riverside. And last Wednesday he warned against drinking and driving on Super Bowl Sunday.

"Designating a sober driver should be on the top of everyone's Super Bowl party list," he said. "It's just one of several easy steps to help save lives."