UPDATE: KENNETH CLAIR HAS A MOTION TO REMOVE THE ENTIRE DA OFF HIS CASE SET FOR JANUARY 6, 2017!
Dec 8, 2016 — Kenneth Clair has taken very aggressive action in this case against the scandal ridden Orange County District Attorney. Attached is a copy of that motion that will be heard on January 6, 2017 before Judge Goethals in Orange County Superior Court, Department C-5.
As you know the defense was given in order I posted on one of our last updates, that the district attorney's office had to deliver all of the discovery to me within 15 days from the November 10, 2016 hearing. In my update I was very skeptical that the district attorney would turn over anything. If the DA would have to turn over the discovery, this when it ended our petition as far as those who came aboard for the purpose of the district attorney just giving the defense the information so that the defense could investigate into the fact that the DNA belongs to someone else. However, as I presumed, the DA would not turn over this information, and they didn’t, so as far as the discovery is concerned, the DA is clearly in violation of the court order.
Lately, the district attorney's office in Orange County has tried to retaliate against our supporters on this petition, so this attack is now aimed at you directly! The district attorney has produced a 7 part series on YouTube attacking us personally for just wanting to have the discovery that they have been holding back in violation of the law. The DA has claimed that our efforts petitioning is misleading, when all we are asking for is that discovery is turned over to the defense. The defense has a right to continue an investigation with newly discovered evidence that they are withholding. So if you have a chance to go to the Orange County District Attorneys website, you will see Dan Wagner and Tony Rackauckas personally attacking us, and defending their position.
I have been following this “Reality Show” for a while now. The DA started with part 1, and eventually updated it periodically until they came to part 7 which was the conclusion. Now if you look at the money and the time that the district attorney invested into making this attack on us and our petition, you will see that they spent thousands of taxpayers dollars doing this. This tells you that the district attorney is trying to justify their actions because their position is that Kenneth Clair is guilty. Even if they, the DA, have evidence to support our position, that we are not entitled to it because it is irrelevant. This is why we are not just attacking the justice system in behalf of Kenneth Clair, we are attacking the justice system because prosecutors are making these determinations on withholding exculpatory evidence, just because they feel that the evidence is irrelevant. The prosecution does not feel that the defense should be entitled to discovery to continue their investigations because they have determined that it is unnecessary.
The corruption, scandals, and disregard of the law by the Orange County District attorney's office has prompted over the years the need for legislation to punish prosecutors that do not turn over discovery. Whether their claims that the evidence is irrelevant or not, does not stand up to the Brady Law that they have to turn it over anyway. This intentional violation of law has finally caught up to the Orange County District Attorney’s office, because of their actions.
California Assembly Bills AB- 1328, and the bill AB- 1909 clearly states that it is against the law, and prosecutors can now be criminally prosecuted for intentionally and maliciously withholding this evidence such as in the Kenneth Clair case. That is why Mr. Clair needed to file this motion. The DA cannot just speculate why this evidence is irrelevant, they have the obligation to turn it over anyway.
We are pushing for this type of legislation in all states, and there might be some action with this type of legislation in your state. This link that I submitted will get you into what is going on here in Orange County, if you are interested in researching this. http://www.ocregister.com/articles/goethals-669116-judge-case.html.
Now, how does this interact with our case in our situation in the struggle that we are having? You will see that the Orange County District Attorneys office is the source of creating this type of legislation in these assembly bills. AB-1909 was just passed in California in October of 2016 because of the tactics of the Orange County District Attorneys. We are hoping that the judge will not let the district attorney continue to violate his bench orders.
There are many scandalous district attorneys in Orange County, and probably where you live, and we need to get rid of them. Even though most of this new legislation has come at the expense of the evil and criminal tactics employed by the Orange County DA, there are laws such as this talked about in every state. As I have indicated to you before, our mission is to vote on these new laws and make the prosecution accountable for blatant misconduct and the need of prosecutors cheating and using unlawful tactics to win cases.
So this attack on our petition and our position that evidence should be turned over to the defense by the prosecution is being rationalize by prosecutors as not being important or relevant if prosecutors feel that there is no need to even turn it over. The saddest part of this situation is that there are incidents all over the country where the defense doesn't even know that this evidence exist at all, because prosecutors have come to the decision that if it affects the outcome that they want, they simply do not mention it and do not turn it over. This obsession to win is habitual, and dishonest prosecutors uses this tactic over and over again in criminal cases. When they are caught, such in the instance of the Kenneth Clair case, they continue to break the law by not turning over the discovery that is court ordered. Meantime, prosecutors create superficial arguments to support positions that somehow there is some reason why they are justified for braking the law, by trying to explain their position that the person is guilty anyway.
At this point, our petition has had an impact on the nation. Will the judge uphold his bench order? Will a dishonest district attorney's office be taken off of the case? Will the Assembly Bills remedy to bring up prosecutors on criminal charges be enforced? Will the district attorney’s still control the courts and the judges? These are future court decisions that will be determining whether or not these laws will be enforced. This is history in the making, and our petition is part of it.
This is why I tell you that we need to get more people to sign the petition. The scandal that is going on with the district attorney’s office involves us, and our petition. It involves being attacked by the Orange County district attorney’s office, who created a 7 part YouTube series saying why the signers of our petition are being misled. All we have ever asked for in our petition is the legal process of obtaining discovery from prosecutors. But as you can see, prosecutors will violate discovery laws, court orders, and then try to justify not having to abide by the law. The miniseries only open up new discovery areas, and made me realize that there are more things that the Orange County District Attorney Office has been withholding. By creating this miniseries, they really gave us the additional evidence that we need to have Kenneth Clair exonerated. So I would like to personally thank Mr. Wagner for revealing other discoverable evidence that they have been withholding over the years ……
This is a very sad situation, but I would like to tell everyone that we are winning the battle. We do have a court order that was broken by prosecutors, we are asking the judge to enforce punishment for not turning over discovery, and we are trying to obtain a legal means to enforce our position in this petition.
I would appreciate any comments that you like to make, because the nation and other people in the world are following this petition and your comments. At this point any comment is relevant in our fight. The district attorney also reads our petition and comments, that is why they created a 7 part video ( at taxpayers expense) to say that we had no position, and if we did it is irrelevant. So this is your opportunity to voice your opinion, and that the DA no that we are no longer going to stand for prosecutors violating discovery, court orders, and the law. I can assure you that your comment will be read by the district attorneys office that has attacked this petition and supporters.
Again, I like to thank Mr. Dan Wagner and Tony Rackauckas for finally recognizing our petition…. CJ
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