DA Wagstaffe asks Board of Supervisors to Approve bringing on Al Giannini to help prosecute the Ayres case
Original post made by Lurker on Apr 19, 2013
Yet, now San Mateo DA Steve Wagtaffe is asking the Board of Supervisor to approve bringing on the just-retired Giannini to help prosecutor Melissa Mckowan - herself recently disciplined by the California Bar - to assist in the Ayres case. Shows what Wagstaffe thinks about the Ayres case: not much.
District Attorney Steve Wagstaffe is asking county supervisors to approve rehiring a just-retired homicide prosecutor to aid in the trial of William Hamilton Ayres, the former prominent child psychologist whose prosecution for molesting former patients has stretched over several trials and led to a formal California State Bar reprimand of the primary attorney.
On Tuesday, the Board of Supervisors will consider Wagstaffe's request for up to $83,241.60 to re-employ former deputy district attorney Al Giannini as second chair to prosecutor Melissa McKowan in the trial beginning May 13. The rate is equivalent to the hourly rate of his former position, according to Wagstaffe.
on Apr 19, 2013 at 8:09 am
From Mercury News story, 4/16/11: "Report Finds Prosecutorial Misconduct in Bay Area"
"But critics, including some prosecutors named in the study, claim the Innocence Project fails to carefully research the cases in its haste to skewer deputy district attorneys.
"Like Holocaust deniers and people who believe we never went to the moon, they have an agenda, and no fact is ever going to get in their way,'' said San Mateo County prosecutor Alfred Giannini, who the study describes as a "multiple offender.''
Giannini was cited last year for misconduct in a murder trial that led to the conviction being set aside, according to the study. It was the third case in which courts have found his conduct has led to a reversal or mistrial since 1999. He disputes either
the courts' findings in all three cases or the Innocence Project's summary of those opinions."
on Apr 19, 2013 at 8:13 am
Wagstaffe is trying to get a "win at all costs" prosector signed on to this case. Normally crime victims like that type of prosecutor. More neutral people mindful of civil liberties and the constitution don't since America's legal system is supposed to be based on "it could happen to you and then what would you want'.
What this decision shows is that Wagstaffe acknowledges McKowan is unsuited for this prosecution. Instead of continuing this charade, and asking the supervisors for money SMC doesn't have for continuing to cover for his mistakes, Wagstaffe should remove McKowan (something I thought would go without saying after she was cited for misconduct) and appoint another existing prosecutor (i.e, no additional taxpayer money) for the trial.
on Apr 20, 2013 at 11:22 am
In 2005 I hand delivered a letter to San Mateo County District Attorney James P. Fox asking him to instruct prosecutor Al Giannini to stop lying to the jury in a murder case. He lied about evidence and he lied about his witness.
I do not recommend San Mateo County taxpayers reward him.
I support Wagstaffe's idea about adding to the team, just not his selection.
If SMC had a Single Point Data Base the BOS could have just put in Al Giainnini's name and would have found my letter.