May 23, 2012
The following events are true and accurate. The proceedings are public record in Calaveras County.
A
member of our family was arrested at his home in March of 2009. Charges
were numerous and bail set high. There was little chance for adequate
defense as bail was not an option and Attorney / Client conversations
are recorded in the Calaveras County Jail. Throughout a year long
ordeal, the District Attorney’s Office scared and shocked our family
with their blatant misuse of their positions and countless acts of
unethical behavior. We wanted to let other families who have been
victims of the Calaveras County District Attorney’s Office know of the
behavior we witnessed and encourage them to come forward as well. As
evidenced in court documents, these are highlights of the abusive
actions taken by their office.
Ø All
conversations between client and attorney are recorded. These
recordings routinely go to the DA’s office for review. Recently in a
news article their office stated that even though they receive them,
they do not listen to them if it is a conflict to the case.
Ø Several
pre-text recordings were used to by the prosecution. All but one were
transcribed and presented in court .One recording, however, (the one
which would have supported the defendants claims was never transcribed
nor presented in the courtroom. Odd how it was “mismarked” in the legal
file and never transcribed into court records. How can this happen?
Conveniently, that how?
Ø In
our case, there are 20 charges deemed to be null due to the statute of
limitations. This was evidenced by not only the DA herself upon further
review, but by the Attorney Generals’ Office during an appeal of the
case. Yet, our family member was convicted on all of those counts. It is
an obvious tactic used to gain convictions and not be mindful of facts
or the truth.
Ø Upon
receipt of a Calaveras County probation report recommending probation
for our family member, the Deputy DA and the Administrative Assistant
decided it was not appropriate and phoned the Probation Office to
“amend” their report. The probation officer who wrote the report was
told she should change it or be “embarrassed in court” when subpoenaed. The resulting report changed from a recommendation of probation to a recommendation of the maximum sentence. The
DA’s office should allow the Probation Department to do their jobs and
not “strong-arm” them into reports that suit their needs. It was
recommended that a new report be presented at sentencing from a third
party probation officer, the department refused.
Ø One
or more of the investigation Reports were signed by the acting DA’s
husband who is a Calaveras County Sheriff Deputy. No reports or
information should be shared among them. We feel that he should not be
allowed to sign her reports or rather she should dismiss herself from
any case he has signed.
Ø The
misuse of staff continues with the DA’s Administrative Assistant. In
our case, she was one of the initial investigators, later used her role
as Admin Assistant again and then became the Victims Advocate, all in
the same case. This employee had a large role in enticing
the Probation Office to amend their report. The roles of these
employees must be defined and adhered to. No defendant stands chance at a
fair proceeding with these people working too closely and
without morals or guidelines. We would like to remind DA and her staff
that they work for us, the people. The office is not present for them to
run like a circus!
Ø Early
in our case, our family members’ wife was also arrested, resulting in
expensive attorneys’ fees and bail only to be dropped later due to lack
of any evidence. The office did, however, attempt to use
this arrest to coerce a plea deal from our family member. Does this
tactic take place as a “usual” practice? We would like to think it does
not.
As
you may have guessed, we are fully disheartened by our justice system.
To allow the DA’s Office to run in this manner should be a crime. The
DA’s Office works for the people. The people should not be afraid of the
DA’s Office. If any other families have been through the wrath of our
DA’s Office, please, come forward and let us all know. Based on the
practices we have seen, we are not the only family whose lives have been
turned upside down by this office.
Respectfully submitted,
The Hamblin Family
Copperopolis
It's horrifying to read the details of this situation and know that this is likely just the tip of the iceberg. Not only should Barbara Yook not be re-elected, but it appears that a third party mediator of perhaps the grand jury should make a full audit of the offices involved.
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