Archie Schaffer Jr., president of the local Hells Angels Motorcycle Club, didn’t prove that he was indigent or “otherwise entitled to have the county
Thursday, 30 September 2010
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Labels: Archie Schaffer Jr. , president of the local Hells Angels Motorcycle Club
Labels: Archie Schaffer Jr. , president of the local Hells Angels Motorcycle Club
Court of Appeal, Second Appellate District, Division Six in Ventura stated that attorney Anthony Zinnanti’s client, Archie Schaffer Jr., president of the local Hells Angels Motorcycle Club, didn’t prove that he was indigent or “otherwise entitled to have the county pay for the costs associated with his defense.”
This is the second time that appeals court justices have endorsed the district attorney’s billing practices, which are similar to those of other counties.
Last year, the California Supreme Court questioned a Ventura appeals court decision siding with the district attorney. The state’s highest court sent the case back to the appeals court and said the District Attorney’s Office must explain why it charges fees. Such fees, including photocopying costs, are charged in Ventura County as well as other California counties for documents provided to defendants and their attorneys under the information-sharing practice known as discovery.
Special Assistant District Attorney Michael Schwartz said Monday he concurs with the 11-page appeals court decision released last week.
“Prosecutors are not obligated to provide free copies of discovery in criminal cases,” Schwartz said.
Zinnanti said he plans to go back to the California Supreme Court, adding that charging defendants money to pay for evidence is simply wrong. As a result of this practice, attorneys are having to subsidize the prosecution of their clients, he said.
“That’s one dollar less I have to put toward my client’s defense,” he said.
Zinnanti said he has received a lot of e-mails from lawyers throughout the state concerned about the same issue.
In its decision, the appeals court concluded in part that “the district attorney must make reasonable accommodations for the defense to view the discoverable items in a manner that will protect attorney-client privileges and work product.”
Schwartz said the district attorney offered to accommodate Zinnanti so he could view the documents.
Zinnanti countered that he did go to the District Attorney’s Office and one of its investigators sat three feet in front of him to make sure he didn’t steal any documents. He said that makes it impossible to review the material with a client and preserve the attorney-client privilege. If a defendant is in jail, a defense lawyer has no choice but to pay for the discovery, Zinnanti said.
He said he would welcome a private conference room in the District Attorney’s Office where attorneys and defendants could review the material together.
Zinnanti also said the district attorney should put all this material on a DVD, and that it would be cheaper than using a copying machine to scan it.
Zinnanti of Santa Clarita claimed he was charged $231 for discovery documents on behalf of his clients, Oak View resident Schaffer and Brandon Mundell, another member of the Hells Angels.
Read more: http://www.vcstar.com/news/2010/jun/28/appeals-court-again-sides-with-district-attorney/#ixzz11118HPKX
- vcstar.com
This is the second time that appeals court justices have endorsed the district attorney’s billing practices, which are similar to those of other counties.
Last year, the California Supreme Court questioned a Ventura appeals court decision siding with the district attorney. The state’s highest court sent the case back to the appeals court and said the District Attorney’s Office must explain why it charges fees. Such fees, including photocopying costs, are charged in Ventura County as well as other California counties for documents provided to defendants and their attorneys under the information-sharing practice known as discovery.
Special Assistant District Attorney Michael Schwartz said Monday he concurs with the 11-page appeals court decision released last week.
“Prosecutors are not obligated to provide free copies of discovery in criminal cases,” Schwartz said.
Zinnanti said he plans to go back to the California Supreme Court, adding that charging defendants money to pay for evidence is simply wrong. As a result of this practice, attorneys are having to subsidize the prosecution of their clients, he said.
“That’s one dollar less I have to put toward my client’s defense,” he said.
Zinnanti said he has received a lot of e-mails from lawyers throughout the state concerned about the same issue.
In its decision, the appeals court concluded in part that “the district attorney must make reasonable accommodations for the defense to view the discoverable items in a manner that will protect attorney-client privileges and work product.”
Schwartz said the district attorney offered to accommodate Zinnanti so he could view the documents.
Zinnanti countered that he did go to the District Attorney’s Office and one of its investigators sat three feet in front of him to make sure he didn’t steal any documents. He said that makes it impossible to review the material with a client and preserve the attorney-client privilege. If a defendant is in jail, a defense lawyer has no choice but to pay for the discovery, Zinnanti said.
He said he would welcome a private conference room in the District Attorney’s Office where attorneys and defendants could review the material together.
Zinnanti also said the district attorney should put all this material on a DVD, and that it would be cheaper than using a copying machine to scan it.
Zinnanti of Santa Clarita claimed he was charged $231 for discovery documents on behalf of his clients, Oak View resident Schaffer and Brandon Mundell, another member of the Hells Angels.
Read more: http://www.vcstar.com/news/2010/jun/28/appeals-court-again-sides-with-district-attorney/#ixzz11118HPKX
- vcstar.com
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