Things couldn’t have gotten much sadder. Or nastier. District Attorney Christie Stanley finally retired from office, with almost a year left on her term, in paperwork filed last week, effective Friday, January 29. Her brief note to county officials acknowledged what has long been painfully obvious to anyone watching the courts: Ravaged by cancer, Stanley hadn’t really functioned as DA for more than a year.
This week, county officials received another missive from Stanley, this time a scorching denunciation of career prosecutor — and candidate for DA — Joyce Dudley. In it, Stanley blistered Dudley for what she described as Dudley’s “zealous ‘win at any cost’ approach.” Stanley accused Dudley of “multiple judicial misconduct problems,” adding, “Her problems with playing fair are repeated, well-known, and documented.” That note was mailed to the county via Josh Lynn, who is Dudley's rival for the DA post.
Stanley’s unhappiness with Dudley surfaced when Dudley announced she was running for District Attorney, well before Stanley officially declared she wouldn’t seek reelection. Stanley returned the favor by endorsing Lynn, the department’s chief trial deputy, to be her successor. In addition, Stanley appointed Lynn to run the department in her absence, making him the de facto incumbent in what’s become a fierce two-way race between two very intense, competitive prosecutors. In perhaps her final communiqué, Stanley praised Lynn’s leadership, ethics, and dedication, arguing that the county supervisors should not replace him as acting District Attorney before this June’s election. Mostly, Stanley did not want the supervisors — two of whom have endorsed Dudley — appointing Dudley to the interim post.
This Tuesday, the supervisors unanimously opted to disregard Stanley’s last request. Sort of. At the instigation of Supervisor Joe Centeno, the board emphatically opted to remain out of the fray. The supervisors decided not to replace Stanley with either Lynn or Dudley. Instead, they elected to replace Stanley with the second-highest-ranking prosecutor in the department, Ann Bramsen, who operates out of the Santa Maria office. The supervisors also agreed to appoint whoever won the June election to fill out the remaining six months of Stanley’s term of office. Formally, the supervisors directed staff to bring back the issue of a Board appointment for acting DA in June.
For Dudley, who publicly stated she had no interest in being appointed, it was a clear victory. A Democratic candidate in a county where registered Democrats outnumber Republicans, Dudley will not have to run against a rival endowed with an incumbent’s considerable advantage. Lynn, in addressing the supervisors, made it sound as if he never wanted the post. “I never asked for, nor did I want, that appointment,” he stated. “I don’t believe it is fair. I don’t believe it is just.” Earlier that day, however, his campaign media advisor, Mark Ward — arguing that Lynn should retain his post as acting DA — said of Stanley, “This is the woman who appointed him acting District Attorney. There’s a reason she did that.”
That reason, according to Ward and Lynn, can be found in legal documents they released last week, highlighting a handful of cases in which, they contend, Dudley was faulted for excessive zeal. The most explosive involved a 1995 case against Amado Silva Inda, prosecuted and convicted for sexually abusing his teenage daughter. Judge Pat McMahon set aside the jury’s guilty verdict and ordered a new trial, citing multiple instances of prosecutorial excess. Concluding a 114-page legal brief, McMahon opined, “It is not pleasant to either recall or recount in print how [Dudley] fell so quickly from grace as she endeavored to overzealously obtain a conviction at any cost and without regard to rules of law, evidence, or ethical probity.” McMahon’s ruling was upheld by the state appellate court though not, Dudley insisted, on the grounds of prosecutorial misconduct. Dudley said she did not retry the case out of deference to the victim, who didn’t wish to endure the pain of a second hearing. Steve Balash, the defense attorney who represented Inda, said allegations of misconduct are commonplace in criminal law. “It was a very emotional trial,” he recalled, “but I wouldn’t call what she did outrageous.” If Dudley was out of line, Balash asked, “Why the hell did she keep getting assigned cases and getting promotions all these years? And if the DA thought they had a rogue prosecutor guilty of misconduct, why the hell did they appeal McMahon’s ruling?”
For the prosecutors working for the Santa Barbara District Attorney’s Office, the current political knuckle-fest is something entirely alien. For the past 30 years, the Santa Barbara DA’s Office has been immune from this sort of internal brawling. At Tuesday’s supervisors’ meeting, many prosecutors waited for hours to testify. Both candidates had their champions present. Dudley supporters Hilary Dozer and Ron Zonen, with 59 years of prosecutorial experience between them, blasted Lynn for putting the department at risk by his “unfounded” attack on Dudley. “I had hoped for a campaign free of unnecessary vituperation,” lamented Zonen.
As for Dudley, she insisted that Stanley never wrote the letter the supervisors received. “I don’t know who wrote it,” she said. “but I’m certain she didn’t.” That wasn’t Stanley’s view of the Inda case, Dudley said. And besides, Dudley claimed, Stanley was too sick. Lynn’s campaign manager Mark Ward insisted that Stanley was the author, but that she wrote it “several weeks ago,” just in case it appeared the supervisors might appoint Dudley acting District Attorney.
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Ugghh, I need a shower after reading about this DA's office. Fire them all and start over.
MrsDoverSharp (anonymous profile)
February 4, 2010 at 4:20 a.m. (Suggest removal)
The bias this newspaper shows toward the liberals is out of control.
turningthepage (anonymous profile)
February 4, 2010 at 8:44 a.m. (Suggest removal)
Joyce Dudley is the best canidate, do your own research learn about the people and their careers and you will come to the same conclusion.
InTheKnow (anonymous profile)
February 4, 2010 at 9:34 a.m. (Suggest removal)
Does the D.A.'s office really have to break along party lines? I thought that law enforcement in general is considered "Conservative." Can't we simply vote for the best qualified, most fair and just candidate?
After learning that Josh Lynn has created a web site with the url JoyceDudley is unethical dot com (or something equally ridiculous and childish) my vote will be going to Joyce Dudley.
Toodlee (anonymous profile)
February 4, 2010 at 12:43 p.m. (Suggest removal)
If Dudley's a Democrat then I'm the Queen of Sheba. Unless the party has changed dramatically since I last checked, "win at any cost prosecutors" (a la Nancy Grace) play for the other team. It seems to me that this paper doesn't spend enough time acknowledging that, or reporting on it. And the misconduct goes beyond the case discussed in this article, as the public record shows--for anyone who cares to do his/her homework.
rbtlines (anonymous profile)
February 4, 2010 at 2:44 p.m. (Suggest removal)
Oh please, if Josh Lynn really didn't want to be appointed to the slot, why did he, on Monday of this week, request the IT department of the County, change all legal documents signature page to Interim District Attorney at taxpayer cost, for all documents related to the DA's office while he was acting. If this was procedural clean up, it could have been done months ago, not the day before the Board of Supervisors decided on the issue. A bit presumptious on his part and his sleezy attack web page should not be tolerated for this very important position. As from the letter from Christy Stanley, I would love to see her come out and either confirm she wrote this letter or not
BeachFan (anonymous profile)
February 4, 2010 at 3:03 p.m. (Suggest removal)
The problem with RBT's argument is if its true neither Stanley or Lynn should have headed up the DA's office. If she was really that bad and they have allowed her to remain at her job what does that say about their leadership?
I wonder if another candidate will step forward before the election.
pointssouth (anonymous profile)
February 4, 2010 at 3:09 p.m. (Suggest removal)
"rbtlines, " you'd better get fitted for your crown.
binky (anonymous profile)
February 4, 2010 at 3:22 p.m. (Suggest removal)
I'm not referring to what her voting card says, but her actions. But that was kind of funny, binky, I have to admit.
Also, I said in my earlier post that the indy didn't report enough on defendants' rights (or I tried to imply it), but I would like to commend the paper for the Frimpong piece. Better late than never.
rbtlines (anonymous profile)
February 4, 2010 at 5:01 p.m. (Suggest removal)
It is funny that attorney Balash seems to be diminishing Dudley's action as commonplace. According to the judge's decision, Dudley actually went so far as to bring up in front of the jury a polygraph exam the defendant took. Criminal Law 101 teaches that a prosecutor is NEVER to comment on the defendant taking a polygraph. Before this article goes to paper I hope Nick Welsh recontacts Balash and asks him if allegations of misconduct are so common, how many cases has he been a part of that have resulted in a new trial because of prosecutorial misconduct. I think that what Mr. Welsh will find is that while allegations of misconduct are common, that a judge actually finding misconduct to the point of granting a new trial is extremely rare, so rare that it is likely true that Dudley is the only one in the office to have a new trial granted for prosecutorial misconduct. Shouldn't the DA have the best ethical record in the office, not the worst?
johnny123 (anonymous profile)
February 4, 2010 at 6:48 p.m. (Suggest removal)
Frankly, though I do commend the paper on the recent Frimpong article, I have always wondered why they are so uncritical on the criminal justice front--and yet do such good reporting/investigating/editorializing on environmental issues, SB newspress, national/local politics, etc. I guess it's too boring to read court documents or something. But I'd like to see better reporting on what's actually being said in the case Johnny 123 describes, because it is significant. How could anyone who researched the issue act like "it's no big deal"? She's a candidate for D.A.!
rbtlines (anonymous profile)
February 4, 2010 at 6:58 p.m. (Suggest removal)
Wait a minute. johnny123 says, "Dudley actually went so far as to bring up in front of the jury a polygraph exam the defendant took." Really?
Polygraph exams have the same reliability as a ouija board. If Dudley used such exams in a court trial, she should be banished from the legal profession.
SezMe (anonymous profile)
February 5, 2010 at 1:01 a.m. (Suggest removal)
Mr. Welsh, I find your article very disturbing. The light you cast on Mr. Lynn and Mr. Ward for “contending” that Mrs. Dudley was unethical is not a political tactic, it is a fact that was echoed not once but several times by judges and many of Mrs. Dudley’s peers. In any job interview, most people are subjected to background checks. The DA’s office is no different. The fact that Mrs. Dudley wasn’t more forthcoming about her misconduct shows directly to her questionable character. The fact that Judge McMahon wrote a 114 page brief that was put on record shows how serious he thought her actions were. The fact that 80% of Mr. Lynn’s peers support him and want him to be their boss speaks volumes. Why has Mrs. Dudley been passed up time and time again for judicial appointment, maybe it’s because you need at least 50% peer support to even get considered? Hmmmmmmm. The citizens of Santa Barbara would continue to be safe and our lives “living in paradise” would have been uninterrupted but for the Santa Barbara City Councils appointment. I ask all your readers to do their research before deciding. Mr. Welsh don’t be so biased. Do your research. If I do some research of my own, will I find that you get a birthday and holiday card from Mrs. Dudley yearly? Hmmmmmmm.
mustangrl67 (anonymous profile)
February 5, 2010 at 1:49 p.m. (Suggest removal)
My choice is Joyce.
Bird (anonymous profile)
February 5, 2010 at 2:49 p.m. (Suggest removal)
My choice, and the DA's Office choice by 3 to 1, is Josh. He's ethical and that's what's required to be the DA.
CountyWatcher (anonymous profile)
February 5, 2010 at 9:59 p.m. (Suggest removal)
Boy there seems to be a lot of Josh supporters continuing the rhetoric on here.
In reference to the polygraph topic above. Polygraphs ARE admissable in court as long as both parties stipulate to them. Since they often lean one way (towards guilt or innocence) the majority of time one side will not stip to letting it be entered into evidence, but that is not saying that it never happens. To the other mooks that say otherwise, YOU ARE WRONG.
InTheKnow (anonymous profile)
February 6, 2010 at 5:01 a.m. (Suggest removal)
Okay, to those who support Joyce, why don't you refute all we've been saying? What other prosecutors in the office, for example, have had cases overturned because of their conduct? Is that a normal or typical thing? Wasn't the judge on the case quite a respected man? I'm not hearing anything persuasive from the Joyce supporters. All I've heard is "my choice is Joyce", which is nursery school level logic, and "Josh looks like a sleazeball" (based on one unfortunate picture), which is junior high level thinking. Sooo, where's the evidence of his misconduct? And please don't say pointing her misconduct is misconduct on his part --it's part of the public record and anyone, anyone running for office would have done so.
rbtlines (anonymous profile)
February 6, 2010 at 12:25 p.m. (Suggest removal)
Keep up that confusing and negative campaigning on a issue already settled by the higher courts. Attacking the news reporter as the messenger also is so ineffective with the voters.
For bonus points, criticize people as being "liberals".
"Socialists" is next.
Keep it up.
David_Pritchett (David Pritchett)
February 6, 2010 at 3:20 p.m. (Suggest removal)
What are you talking about? I am saying the paper is not looking hard enough at prosecutorial misconduct. That makes me Rush Limbaugh? This comment wants to make me say the "r" word. Okay, I am going to stop commenting on these boards. I just keep saying the same thing: read the opinions, do your homework! Let me sign out by saying yet again: locking people up and throwing away the key because it's politically expedient for you, having a "win at all cost mentality" and failing to see defendants as human beings is not part of the democratic agenda. That's the right wing Republican Nancy Grace side, folks. Simple as pie. But I'm giving up the fight--good night.
rbtlines (anonymous profile)
February 6, 2010 at 9:43 p.m. (Suggest removal)
Gee whiz, the comments perpetuate the disgusting status of the DA's office. To think that this unethical DA's office formulates cases that deny people liberty and even life.
Separating everyone and starting over from scratch makes the most sense.
MrsDoverSharp (anonymous profile)
February 7, 2010 at 6:53 a.m. (Suggest removal)
Nick, you know better than to say the appointment of Bramsen was a win for Dudley; it clearly was not.
Josh Lynn had zero chance of being appointed by the BOS whereas Dudley has two strong supporters on the board and rumors were rampant that she could get the appointment. The only win for Dudley would have been an appointment; instead they appointed a 3rd party which is a draw at best for Dudley.
Knowing Lynn can never muster 3 votes on the board, can you point to one (one!) logical reason why this was a "win" for Dudley? Can anyone?
Bajades (anonymous profile)
February 7, 2010 at 2:30 p.m. (Suggest removal)
My point exactly Bajades with the "tounge n' cheek" comment about the birthday and holiday card.
mustangrl67 (anonymous profile)
February 8, 2010 at 10:44 a.m. (Suggest removal)
"It was a win for Dudley" because in the view of voters she would look sleazy and unfairly opportunistic to be appointed as interim District Attorney. The public perception would get distracted to circumstances of that appointment instead of what the DA office is about for the voters.
Voting by mail begins May 10th!
David_Pritchett (David Pritchett)
February 8, 2010 at 1:21 p.m. (Suggest removal)