Legal Question in Criminal Law in California

Re: DNA evidence to clear rape suspect

You are conflating the role of a preliminary hearing with that of a trial. The purpose of the prelim is to see whether the D.A. has enough evidence tho support a conviction. It is not designed to test the defendant's evidence, and no matter what evidence the defendant might present the judge will not acquit him at the prelim. Because revealing defense evidence at the prelim usually won't do any good but will give the D.A. more time to rebut it, your husband's lawyer probably made the right call.

You seem to think that losing the prelim means your husband will probably also lose at trial, but that is not how it works. Your husband will win if he can establish reasonable doubt as to his guilt, but reasonable doubt isn't even an issue at a preliminary hearing. The tests are very different, and the fact that the D.A. passed the first round does not mean she will win at trial.

The fact that the victim is a prostitute has little bearing on the case. Do you think prostitutes can't be raped? They are probably raped at many times the rate of women generally. This doesn't mean your husband is guilty, but you seem to think her chosen livelihood means he is innocent. If so, you are mistaken.

If the D.A. tests the DNA evidence defense counsel will get to see the results. He can order independent tests as well. He will probably also get a look at the victim's arrest record, but mere arrests are not admissible to prove anything. Some convictions can be used to attack the credibility of a witness (including a victim), but only under certain circumstances.

Why are you upset that the lawyer is advising you to go to trial? The only other option is to plead guilty. The D.A. might offer a deal in which he pleads guilty to a lesser charge, but she is not required to offer a deal and might choose not to. A trial is probably the only way your husband can avoid a conviction, and the fact that his lawyer recommends going to trial suggests that he believes in your husband's case.

I don't have enough information to say whether defense counsel is doing a good job for your husband, but nothing you have said suggests that he isn't.

Re: DNA evidence to clear rape suspect

It would be much easier to answer your questions and give you an informed response by telephone. Please contact Mike Navarro with our office at 800.327.4652.

Re: DNA evidence to clear rape suspect

This type of offense is extraordinarily complex...and your county from your zip is extraordinarily difficult..Ordinarily, lab reports are automatically given to defense counsel when received by the prosecution...???has it ever been run???Preliminary hearings are just that...preliminary...nothing much is required before a case is bound over to Superior Court for trial, and they have (generally) very short time frames....going forward or waiting for the DNA is a tactical decision which I cannot address as I do not know the precise facts...same for what motions are appropriate...my opinion is only that sophisticated trial counsel is in order...who your husband wants as his attorney is something I cannot address.

Best,

DJM