PROSECUTOR FIELD WITHHELD EVIDENCE, FACES DISBARMENT—STATE BAR ALLEGES

Following years of abuse by some overzealous prosecutors, the State Bar of California is finally taking action—seeking lengthy suspensions or disbarment—against two prosecutors who it alleges withheld evidence and a third who committed other misconduct.

The most high profile case is against Santa Clara County deputy district attorney Benjamin T. Field, who faces 22 counts of professional misconduct arising from four criminal matters. In each of the four underlying matters, Field is also accused of violating court orders.

Field’s attorney Allen Ruby says his client is “not guilty. He’s innocent,” the California Bar Journal reports.

Field’s trial began in May but was continued last month after the Court of Appeal reversed a sexual misconduct case against Dariel Shazier because Field made “deceptive and reprehensible” comments to a jury that violated a court order that Field not tell the jury where Shazier would be committed if he lost the case.

Some of the misconduct charges against Field arise from the prosecution of Damon Auguste in 1998 for sexual assault on a 15-year-old girl. Auguste was sentenced to prison for eight years, eight months but later filed a habeas petition based on a claim that Field did not disclose exculpatory evidence.

Santa Clara County Superior Court Judge James Emerson overturned the conviction in 2004 based on prosecutorial misconduct; he said Field did not disclose DNA lab notes and new evidence indicated false testimony affected the outcome of the case. Auguste was freed. In opposing Auguste’s petition, Flied violated a direct order by a judge commanding him not to seek search warrants in the case without his permission.

The third set of misconduct charges against Field involved his prosecution of a minor on rape charges. In that matter a judge denied Field’s oral request to obtain a dental examination of the minor and directed Fields to file a written request. The Bar charges that Fields made an end-run around the court’s directive, and obtained the dental exam through the minor’s probation officer.

The bar also alleges that during the prosecution of a murder case in 2003, Field withheld evidence from the defense that cast doubt on the credibility of several key witnesses.

The trial court concluded that Field’s discovery violation was “blatant” and that he failed to properly disclose exculpatory evidence to the defense.

In Field’s case the stakes are higher for Fields, as well as the general public, because Fields has expressed an interest in either an appointment to the bench or a run for the office of District Attorney.