DA Wagstaffe tells KCBS that his office always complies with Marsy's Law
Original post made by Lurker on Oct 8, 2013
Tell that to two parents of Ayres victims whose rights were violated. In 2009, the attorney for a family of a victim wrote to Mckowan, asking that they be notified of each and every hearing in the Ayres case. They were never contacted. And the prosecutor never contacted an in-statute Ayres victim or his mother, in the past four years about the case and never told them he wouldn't be testifying again.
To that end, they are astonished that Wagstaffe would claim the following to KCBS today:
In response to this special series, San Francisco's presiding judge and the state's chief justice are both recommending reforms. KCBS has also learned that one Bay Area prosecutor, San Mateo County District Attorney Steve Wagstaffe, is taking it even one step further training his attorneys to observe a victim's Marsy's rights even if the victim doesn't ask for them to be honored.
KCBS Cover Story Series: Marsy's Law
"We try to comply with it in every case that we can, whether or not there's a request," he explained. "It does not take a request for us to do it, let's try and make it happen in every case."
According to Wagstaffe, so few victims invoke their rights under Marsy's Law that he wants the attorneys in his office to act as if those rights are automatic, if not outright mandatory.
on Oct 8, 2013 at 5:04 pm
We have spoken to the KCBS reporter to set the record straight on Wagstaffe and Marsy's Law, and he asked us to send him information.
To that end, we would be interested in hearing from other crime victims whose Marsy's Law rights were violated by Steve Wagstaffe's office.
on Oct 8, 2013 at 5:29 pm
What happened to your story, "FBI is Also Looking At DA's Office, Sources Say" Web Link
It's been removed. How come?
Editor's note: Some file links were apparently broken in the transition to the new website. IT says the problem has been fixed. The link above should work. I also found this related article: Web Link
on Oct 8, 2013 at 5:58 pm
DA Steve Wagstaffe also failed to tell the KCBS reporter the following: after the Ayres prosecutor was disciplined by the California Bar in March, 2013, a San Mateo Supervisor asked the Ayres victims and their families to write to the Board of Supervisorsabout the violations of Marsy's Law by the prosecutor and Wagstaffe's office in the Ayres case.
When the victims sent in letters, the San Mateo Board of Supervisors were "dumbfounded" by the violations.
They then had a meeting with DA Wagstaffe in April, 2013 about the Marsy's Law violations. Pressure was exerted on Wagstaffe to get better prosecutors on the Ayres case. Wagstaffe at first resisted, but then buckled under pressure.
Given the DA's flagrant disregard of Marsy's Law, it is HIGHLY disturbing that DA Wagstaffe would try to pass himself off as one of its biggest proponents.