Prosecutor Misconduct No. 1700607510 - 2087788129

Nicole M Diaz
303 West 3rd Street
San Bernardino, California 92415

Reporting Authority

This complaint has been forwarded to the State Bar of California

Statement

When judge ruled to hold defendant over to trial and said court would have benefited from pics instead of telling him the deputy stated in police report she took pics of all injuries. She withheld evidence of pics to establish extent of victim alleged injuries. Knew deputy lied as to location where deputy spoke with alleged victim. Decided which of two booking applications to use that arresting deputy submitted. He submitted one saying he arrested defendant on outstanding warrant (which was the one he submitted when he booked defendant) and the other was on site arrest. Nicole then question deputy as to arrest saying there was an outstanding warrant knowing it’s not signed by judge as well as aware the deputy never even completed the affidavit

Definition of Offense(s)

Prosecutorial misconduct refers to actions by a prosecutor that are unethical, illegal, or violate the rights of a defendant.


Prosecutor misconduct involving bias refers to when a prosecutor allows personal opinions, prejudices, or other factors to influence their decision making or behavior in a criminal case.


Evidence that is favorable to the defendant (exculpatory) and could impact the outcome of the defendant’s case (material) is often called “Brady material” because of the seminal 1963 U.S. Supreme Court case, Brady v. Maryland.


Judicial proceedings type of prosecutor misconduct refers to unethical or illegal actions taken by a prosecutor during the course of a trial or other legal proceeding.


Obstruction of justice by a prosecutor refers to actions taken by a prosecutor to interfere with the administration of justice, such as hiding or withholding evidence, lying or making false statements in court, or engaging in other behavior that undermines the fairness and integrity of the legal


"Overcharging" refers to a prosecutor bringing excessive or unwarranted charges against a defendant in a criminal case. This can occur when a prosecutor deliberately or recklessly charges someone with more crimes or more serious crimes than the evidence supports.