ABA Journal - Law News Now

Legal Ethics

Rising Star Calif. Prosecutor Made Some Discovery Mistakes

Posted Aug 25, 2008, 12:04 pm CST
By Martha Neil

Earlier this year, a lawyer for a star prosecutor in Santa Clara County, Calif., said he looked forward to vindication at his trial on legal ethics charges.

But on the witness stand Friday assistant district attorney Benjamin Field admitted he'd made some mistakes, saying that they weren't intentional, reports the Daily Journal (sub. req.). It was the eighth day of his State Bar of California bench trial, on charges that he failed to turn over exculpatory information, as required under Brady v. Maryland, attempted to conceal a witness from the defense and illegally obtained search warrants.

"In another case Field was questioned about Friday, Field testified that he did not intentionally disobey a judge's order not to obtain a dental exam for a juvenile to prove that he should be tried as an adult," the legal publication writes.

It says Field testified that he was told by a judge, during an off-the-record conversation, that he had a right to get the dental exam. But the judge has a different recollection of the conversation.

Earlier in the week, colleagues testified in support of Field, a popular prosecutor and rising star in the Santa Clara District Attorney's Office who at one time had considered seeking the top job.

Earlier coverage:

ABAJournal.com: " 'Karma’ Ensnares Four California Prosecutors"

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