This is something that Tulsi called out in the last discussion but reading the details about what Kamala Harris and her office did is eye popping. I hope this shuts down her campaign
www.sfgate.com
It's a long read, but wow talk about heartless justice. Also something about being in the DA's office and not wanting to lose. That mentality is so immoral.
edited: Damming to Damning in title
Kamala Harris' offices fought payments to wrongly convicted
Jose Diaz was exonerated after serving almost nine years in a California prison for two sexual assaults he didn't commit. But the office of then-Attorney General Kamala Harris wasn't ready to let him off the hook. Diaz was convicted in 1984 of rape and attempted rape. He was paroled in 1993...
Diaz was convicted in 1984 of rape and attempted rape. He was paroled in 1993, became a registered sex offender, and began the work of proving his innocence. It took 19 years for his conviction to be reversed -- and two more years for the State of California to grant him compensation for the time he was wrongfully imprisoned.
Diaz's battle with Harris' office began in 2012 when a judge reversed his conviction. As state attorney general, her staff vigorously resisted his claim for compensation and tried to make him re-register as a sex offender, despite a formal ruling in April 2013 that he was innocent.
The Diaz case is one of a series of battles Harris' prosecutors waged -- in both the offices of San Francisco district attorney and California attorney general -- to resist innocence claims, often using technical timeliness or jurisdictional arguments, lawyers and innocence advocates say.
"The goal is justice," said Gerald Schwartzbach, Diaz's lawyer. "The goal isn't just rules, regulations and procedures. They penalized an innocent man with technical arguments. To me that's fundamentally contradictory to the whole purpose of the criminal justice system."
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After Diaz's conviction was vacated in September 2012, Harris' office sent him a letter telling him that he no longer had to register as a sex offender, as he'd been doing since his parole in 1993. "The DOJ has updated its records and a notification concerning this termination action has been sent to the law enforcement agency that last registered you," said the document on Harris' letterhead.
Diaz then filed for compensation, a standard practice in states to pay wrongfully imprisoned people, for some of the earnings they missed.
Both the state compensation board and attorneys working for Harris vigorously challenged Diaz's right to any money, arguing that he hadn't obtained a formal judgment of acquittal -- and that the court that reversed his conviction lacked proper jurisdiction.
The following April, Diaz says, Harris' office told him that, in fact, he must continue to register as a sexual offender -- although by that time he had obtained a formal judgment of innocence -- because he'd been released on parole before he filed the petition to vacate his conviction.
Filled with legal citations and precedents, the letter concludes: "Therefore, you are required to continue to register as a sex offender in California." The letter is signed by a staff member in the sex offender tracking program "For Kamala D. Harris."
That barred Diaz from coaching his children's sports teams, he said in an interview, and was a problem when he was looking for work. It also meant that he would continue to be subject to unannounced police visits to his home, as had been happening for 19 years, he added.
Diaz said he believes Harris' office was trying to intimidate him out of seeking compensation.
"Kamala Harris should have known" about the Diaz case, said Lara Bazelon, an innocence advocate and law professor at the University of San Francisco. "If she truly was not aware that these specious and risible arguments were being made in her name, that is a failure of management."
It wasn't just Diaz.
- Harris' district attorney's office repeatedly delayed responding to the innocence claims of Maurice Caldwell by filing for extensions as Harris ran for attorney general in 2010, keeping Caldwell in prison for more than a year despite evidence that someone else had committed the murder for which he was convicted, according to court records. A judge admonished Harris' office for the delays and said they might warrant sanctions.
- A state appeals court judge criticized Harris' office for falsely claiming that the only eyewitness against Jamal Trulove in his murder case feared for her life, making Trulove seem more sinister than he was. The judge said the story was "a yarn" and "made out of whole cloth." Trulove was convicted, but later exonerated after six years in prison.
- The California attorney general's office under Harris resisted the innocence claim of Daniel Larsen by arguing that he hadn't filed his petition for release in a timely fashion, and also contested his request for compensation after he was exonerated. Larsen had been sentenced to 27-years-to-life for possession of a knife under California's "three-strikes" law.
It's a long read, but wow talk about heartless justice. Also something about being in the DA's office and not wanting to lose. That mentality is so immoral.
edited: Damming to Damning in title
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