Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.
Martin Luther King, Jr.
Meting out justice in California’s court system is no easy task, but finding justice in San Bernardino County, where the line between right and wrong has been blurred into oblivion, is almost impossible. Friendships between defense counsel and prosecutors or judges and sheriffs are hardly unheard of in the legal community but sleeping with the enemy—literally, has become a way of life in our local justice system.
Two of the basic tenets of the American criminal justice system are 1) a defendant is innocent until proven guilty and 2) all defendants have the right to legal counsel to assist them in their defense of the charges against them. But criminal defense attorneys come with a significant price tag attached and a majority of those charged with crimes are in the lowest economic bracket. So to provide a defense for indigent defendants, all counties in our state have a public defender’s office whose cost for legal services is based on the ability to pay.
When two or more individuals are charged as part of the same crime, each one is allowed their own separate attorney. If the public defender’s office were to represent more than one defendant in a crime there is the appearance of a conflict of interest even if each had a different attorney. There are a couple different solutions to this problem, such as an alternative public defender’s office, or as is done in this county, the appointment of a conflict panel.
The law firm of Carter, Spring, Schank and O’Conner has been awarded the conflict panel contract in San Bernardino County. This firm or one or more of its principals has been responsible for indigent defense in this county for many years.
So, would it come as a surprise to you that the attorneys who represent indigent defendants in our county have donated over $100,000 to the election and re-election of San Bernardino County District Attorney Mike Ramos? Not if you read iePolitics.com and inlandpolitics.com, it wouldn’t. We have been beating this drum for quite a long time now. And no one seems to listen. Why is that?
Well, one reason could be that Carter, et al., spreads the wealth. Examination of Supervisor Josie Gonzales’ Form 460 shows the firm gave her $3400 last year. Supervisor Brad Mitzelfelt received $1500. Supervisor Paul Biane received $2500. Supervisor Gary Ovitt received $8500. Supervisor Neil Derry is the only one they left out last year. And this list is only part of a much longer list of public officials benefiting from Carter’s generosity.
And in return, the district attorney gets a high conviction rate because Carter, et al., provides him with a high plea bargain rate, and the county’s indigent defense costs are lowered. A win for the district attorney. A win for Carter, et al. A win for the county of San Bernardino. A loss for the poor, railroaded defendant. And, most importantly, a lost for justice in our county.
But even if one is not beholden to the county of San Bernardino for a large volume of work, many defense attorneys in San Bernardino County find it difficult to fully defend their clients. District Attorney Mike Ramos is known for using his influence to force plea bargains. Some criminal defense attorneys are reluctant to cross him as give and take can affect other cases. Defense attorneys are fearful that if they provide a client with an aggressive defense in one case that prosecutors will hold it against that attorney with their future clients. It is well known that if one wants an adequate defense in this county and doesn’t have the money to pay one of the few elite criminal defense attorneys, they need to find an out-of-county attorney who cannot be bullied and threatened.
Over the years I have heard many potential jurors state that if someone has made it all the way to the courtroom to be tried for a crime, they must be guilty. Nothing will change their way of thinking until they experience justice in San Bernardino County. This is not a county whose goal is justice but rather vengeance for those who are motivated by power and greed.
John,
I just want to say thank you for the increase in blog hits!
You and Kenny have met your matches in the bullheaded and stubborn departments. I have received more comments from people totally enjoying the bantering between the two of you.
I appreciate the fact that you use your real name as so few are willing to do so.
The reason people go to trial is because they believe in their innocence. Otherwise they would have plead out:
Over the years I have heard many potential jurors state that if someone has made it all the way to the courtroom to be tried for a crime, they must be guilty. Nothing will change their way of thinking until they experience justice in San Bernardino County. This is not a county whose goal is justice but rather vengeance for those who are motivated by power and greed.
I believe there is more to Carter paying off Ramos. I believe Carter is keeping Ramos from making public the fact that carter plead guilty to a lewd act in public (park in Riverside) back in 1986 and was put on probation ) How he got the contract from the county is obvious.
Thank you Sharon. I have nothing to hide. I love my department, fleas and all.
Yes and the key issue to Phulakes comments, HOW many fleas are too many before the dog needs to take a bath.
Guess the voters need to decide.
Ken RELAX. We had our spring bath, next one should be mid-summer. when are we going to dinner? Are you a Coors or Budweiser guy? How many fleas does Honest Abe Schrader have working as a lackey for the Undersheriff? And I quote my anonymous soldier in arms, ‘If you go public, please do ot use my name. He (Paulie) has friends in high places. He is connected. I do not want north bound therapy.” You hate SBSO elitism, why do you embrace LASO elitism. The clown still hasn’t sent me an e-mail. Paulie panders to the base, I’ll give you guns, let’s roll.”
Sorry guys, but I don’t think Mikey has anything to do with picking the conflict panel. But then again, if you are gonna buy your way into a government contract, might a well cover all your bases. More to the point, no attorney wants to take a loser to trial; must be hard to be a PD or a conflict panel atty. The only reason the plea bargain rate is high, is the police and the prosecutors do a pretty good job of weeding out the losers. Stop watching Perry Mason. Despite the presumption of innocence, most of the dirt bags that grace our hallowed halls are guilty.
LOL Phulakes, I am relaxed and focused. I am sure your friend is a good source, however that is no evidence for me to not vote for Schrader.
I will ask Paul about fleas the next time I talk with him.
Simply because you work for someone does not make you an elitist.I have not seen an elitist attitude from Schrader yet.
Let’s be fair here, your Captain is the Sheriff’s brother in law. So should I assume your equally connected as Schrader is??
We will go to dinner soon. NO beer though, ice tea!!!
Fair enough ice tea it is. Ken I believe I was picked because of my prior experience in doing what I do now. My other peer sergeants all have had similar prior experience in our current work field. And unlike Schrader, I will gladly speak with anyone who asks the question and believes I was picked for my assignment based on favoritism or croynism.
And why would Schrader act any other way with potential voters, or supporters? Of course a positive personal veneer would be presented. He is soliciting for public office. And true what I have heard from member(s) of LASO, is a matter of their personal opinion and subject to their prejudices. But, when asked to display his character and leadership qualities he freezes and claims the default of not wanting to waste his time on a non-supporter.
Ken he could have wasted 60 seconds with his response to me and it would paid huge dividends to the lurkers on this forum. He only responds to positive postings. I have never seen a reply from him to a negative posting. I agree my research of this site is limited and incomplete, so if Schrader has replied to negative postings point me to the post. As a leader you have to reply to both.