In short prosecutorial misconduct is done when there is no case think of it as
Legal Bullying- like what Bennet Kelley performs and one of the City Attorney's in Santa Monica (out on a mental health issue)--> David Armstrong. The City of Santa Monica City Manager has been made aware of the expenditures spent for a fishing expedition on an innocent 59 year old woman who has never had issues before. Side note here: Bennet Kelley applied to be on the City Planning of Santa Monica in 2012 but the City Manager was made aware of some of Bennet Kelley's unethical and illegal activities like cyber squatting on attorney Dan Baslam's web site. (he lost to Dan in the court room and is a sore loser) Bennet Kelley's application for city planning commission was
shelved. I have it on good authority that Bennet Kelley will never hold office in California. It must have something to do with referring to Armenians as "
Mafia" (compliments of Armenian Bar Association)
Bennet Kelley (a very sad gentleman) and in my opinion suffering from noticeable mental issues like paranoia, egomanic depression (last time he appeared in court he was physically falling apart) and lack of stardom that he so craves. He admitted to the judge he has put a lot of lies online about me and she admonished him with a warning "Mr. Kelley do not provoke" - Kelly tried to exercise the right to a speedy trial but the City of Santa Monica isn't interested in this case like Bennet Kelley is. In fact they lost the file about 4 times.
Bennet Kelley is one of the 60 people over at Webmaster Radio that pay for an online radio show. The owner of the webmaster radio Darrin Rabin is fully aware of Bennet Kelley's fabrication and has removed my name from Bennet's free radio show. Here is a photo we found of poor Bennet Kelley (the REAL Bennet Kelley) online. Evidently he has some people very angry with him over his stretching the truth in his court cases. But I hear it's quiet over at the Internet Law Center, it's not a large office like Bennet Kelley wants you to believe it's only him sad little Bennet Kelley.
1) Bennet Kelley lost the case against me, but received over $200,000 in legal fees from his baby snatching client Robin Sizemore of Hopscotch Adoptions. (the failing adoption industry numbers speak for themselves)
2) Bennet Kelley harassed my family members with paperwork and printed untrue things online about me, building a case where there wasn't one. After 3 years and my iinsurance company from 2008 representing me (no I didn't pay 1 dime- in fact my expenses out of town were paid for)
Bennet Kelley has threatened me to Timothy Walton one of the longest practicing Internet Attorneys in the USA that "
I will make sure that Vanessa Kachadurian is prosecuted and found guilty of anything" Yes I have Timothy Walton as a witness to these threats.
3) After the 3rd year and a very telling mediation report Robin Sizemore didn't want to go to trial in Fresno County and have the truth about her on public record. They asked to settle out of court WITHOUT A JUDGMENT or anything they had asked for in their 4 time amended causes of action complaint that had no merits. This was more about silencing me via
legal bullying and my friends about us speaking up about child trafficking and trying to cost me financial harm (epic failed). It would have cost my insurance company $150,000 in legal fees to represent me in a jury trial so they were happy to get this vexatious litigation settled for a fraction of the cost.
I can still maintain my freedom of speech and state that
"Robin Sizemore is a scumbag who has purchased children from poor mothers in Armenia for her clients". Those days are over now she has barely 9 adoptions a year out of Armenia and barely 2 are healthy infants the majority are limbs missing and down syndrome that they like to push off on Americans.
Robin made a wise choice to stop the 3 yr. law suit in mediation, Adoption Agencies are not very popular and in the USA - Armenians have a strong presence and the people there respect Armenians because we built the town, Robin would not have gotten a fair trial in Fresno. Robin lied to Bennet about a lot of things, she has no fan base in Armenia or the West Coast. Yes a few families on the east coast she purchased babies for. She is a very sneaky compulsive liar who enjoys controlling families lives and appearing like she is a savior.
4) Bennet Kelley proceeds to lie (once again- "Liar" is his middle name) that I or someone else tried to kill him or threatened to kill him. This has never been substantiated and the City Attorney's office admitted they don't have any proof or information on this. Bennet Kelley couldn't get a judgment on me (not even a summary judgment) he proceeded to try and harm my reputation, and file fake reports. 90% have been thrown out, There has yet to be any charges by the City of Santa Monica, my guess is they grow tired of Bennet Kelley's online rants and promoting of this case as a way for him to make case law in California (
will never happen) He has also aligned himself with some unsavory people like members of an Islamic cult that operate charter schools who recently had 20 of their schools raided by the FBI and a nutty woman that harms everyone on the Internet by the name of Terrorist Barbie (seriously that is her name- but many people think it's Bennet Kelley)
5) I have no probation or anything else on me, they all have been thrown of court for many reasons but mostly because of
prosecutorial misconduct on the part of Santa Monica's troubled City Attorney's office. They have lost the file a couple times and have been abusing city funds to scan hard drives to the tune of $40,000 (poor taxpayers of Santa Monica) Yes on Bennet's first accusation where I never responded to a police report from Bennet (taking care of elderly parents) so a bench warrant is automatically issued and that is why the SFPD (great guys) took me in and then threw the case over to Santa Monica. I never spent the night in jail, I have way too many friends in California and a good record.
And no bail Bennet, so you have not cost me money except for the puny $1,000 for making the mediation record public after you lied with your fake PR campaign. A Small price to pay to not be silenced by Legal Bullies like you.
I didn't have time for a trial in Santa Monica taking care of my parents so I opted for a deal where I was found NOT GUILTY but a protective order would be in place for Bennet (there is a question of how Bennet got a protective order when he never proved I tried to kill him) Part of that was I was to not have any issues in 18 months, and unfortunately I had a very bad incident happened at the California Armenian Home (my father built this Nursing facility) although it's not Armenian anymore my mother's care was very poor (all documented at the State of California) ., and one of the tattoo infested LVN's saw Bennet Kelley's fake rap sheet (or shit) online about me and called the police that I was threatening her. The policeman was "Armenian" (
Officer Greg Jouryan) and said he saw the protective order and it was a black mark that Bennet Kelley placing on me. I thought he was kidding when he said Vanessa you have to come with me, I laughed and walked in my mother's room where he knocked me to the ground in front of my parents in my mother's room.
Yes I took them to court and I still had visitation with my mother but I had to call ahead of time. The District Attorney (also Armenian)
Armen Israelyan threw the case out. He knows the reputation of the hospital and I had no priors. Foot note here: the Armenian Community of Fresno doesn't donate much to this nursing home. We have many small group homes that we use that are more suitable. Frankly, this doesn't concern you it's the business of MY community that will decide the fate of the Nursing home should it sell, close or if they end up filing bankruptcy. The same with your political career in Los Angeles WE decide who we want as our elected officials not you.
6)
Conclusion, Bennet Kelley is a sore loser and
Legal Bully who cannot bare the thought of a pro se client getting the best of him and not costing financial or emotional harm. In fact, this has been entertaining watching Bennet Kelley slip further into a bad reputation which he has brought on himself for lying. He has written countless articles about me online and is asking for potential clients to contact him. Not sure why he is trying to capitalize on this case but the City Attorney's office has all of this. The Recipe for success is simple the more Bennet lies the more I tell the truth.
Bennet Kelley is trying to steer this entire case as he usually does with his comical writing skills (oh yes he wants to be a writer and politician) Just more of Bennet Kelley's wild claims. This is a personal matter and not of Public Interest to be burning public funds against someone who is a California Resident and native. There is not blemishes on my record except for what Bennet Kelley has tried to imply online. Lastly I don't have any mental disorders except I do get very angry when something is unfair. But the Truth and Good will prevail, and Bennet Kelley will just continue to lie and Bully people. It's not like anyone trusts Attorneys or Police anymore and they are notorious for misconduct. We don't have to talk about the reputation of Adoption Agencies they are all closing, Robin is not welcome in Armenia because of her games. Edhuard Amalyan hasn't paid taxes on the cash that Robin wires him, that is going to be a problem for him.
It's very sad that since 2009 Bennet Kelley is pursuing me, he just cannot accept defeat and wrote a comical press release after the meditation that he won a "significant victory" for his child stealing client, but never tells the entire truth how much Robin Sizemore paid him in legal fees (it's online-$209,000) Bennet if you are reading it's been 6 years you really should move on and stop mentioning me all over the place no one listens to you. This abnormal tweeting you do is very sad, you have tried to follow me on twitter you have some issues and I hope you can take care of them. Read the article below about a famous attorney that is doing good, you will never be on this level of fame you simply are not in this league. I pray that you get help soon. I sympathize with your mental issues and the leukemia. You actually should thank me I delayed the case enough so you could bill Robin $209,000.00 - But lying and saying you won a case is just a lie Remember what Judge Michael Seng told you "Mr. Kelley this case is closed"
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Bennet Kelley trying to follow my twitter account
I had to block him, I don't know how many accounts he has
but I am told it's a lot.
If Bennet Kelley the Internet Attorney, has harmed you or "legal bullied" you please don't hesitate to
contact the California Bar Association. They are going through a shake up and will be taking complaints
more serious. If you are a Defendant in a case where he decides to go after you, know your rights and
go to your local police department. The one thing about "Legal Bullies" they are cowards and when someone stands
up to them they cannot believe they don't control the situation. Bennet thought he could scare me, he was wrong I am not afraid of him.
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In
jurisprudence,
prosecutorial misconduct is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment."
[1] It is similar to
selective prosecution.
Types of misconduct[edit]
Abuses of discretion[edit]
Prosecutors are given discretion about how they conduct their business. However, while some practices are not illegal, they may be seen as abusive and in need of reform, particularly by defendants and criminal defense attorneys:
- Selective prosecution by race, income, political affiliation, etc.
- Capture of the grand jury, misusing it as a tool for inquisitorial abuse, or excluding citizen complaints from being heard.
- Plea bargaining abuses, such as seeking testimony in exchange for leniency. This may solicit perjury or falsified evidence.
- “Horsetrading”, the practice of colluding with defense attorneys to agree to get some of their clients to plead guilty in exchange for letting others off.
- Threatening public officials, especially judges, with prosecution if they don't unduly support their cases.
- Tainting of jury pools with public statements by prosecutors that are either inaccurate, exaggerated, unsupported by evidence or that could be inadmissible at trial, and such statements become widely promulgated by the media.
- Prosecutors causing depositions in a related civil trial which were likely to yield exculpatory evidence, and then "staying" those statements so they cannot be used in a criminal trial.
- Prosecutors naming a host of “unindicted co-conspirators” in conspiracy cases to intimidate potential defense witnesses with threats of retaliatory prosecution.
- Prosecutors using their Peremptory Challenges to remove from the jury anyone with relevant experience in the complex subjects of a trial. Defense attorneys often use similar tactics. Both attempt to prevent a juror's technical knowledge from interfering with the credibility of their expert witnesses.
- Prosecutors pursuing criminal penalties for selected industry practices in Corporate America when regulatory intervention would be more appropriate. For example, prosecuting a mechanic for minor violations of the Clean Water Act rather than affording the opportunity for the mechanic to correct his error and pay the appropriate fines.
- Prosecutors using multidefendant trials to get defendants to turn on one another in the courtroom, as judges may be reluctant to allow separate trials in multi-defendant cases.
Examples and remedies[edit]
In late 1993, the
6th US Circuit Court of Appeals ruled that
John Demjanjuk had been a victim of prosecutorial misconduct during a 1986 trial in which
federal prosecutors withheld evidence. Demjanjuk's
sentence was overturned, but he lost when his case was retried.
In the 1995
murder trial of
O. J. Simpson, the defense argued that
Los Angeles Police Department detective Mark Fuhrman had planted
evidence at the
crime scene. Although Fuhrman denied the allegations, Simpson was found
not guilty, although he was later held liable for the deaths in a civil suit filed by the families of the victims. In
USA Today (August 24, 1995),
Francis Fukuyama stated, "[Such defenses lead to] a distrust of
government and the belief that public authorities are in a vast
conspiracy to violate the
rights of individuals." However, such misconduct may actually be widespread in the United States. "It’s a result-oriented process today, fairness be damned," Robert Merkle, former
U.S. Attorney for the
Middle District of Florida, said.
[2] Prosecutors are protected from
civil liability even when they knowingly and maliciously break the law in order to secure convictions***(untrue....see fraud upon the court), and the doctrine of
harmless error is used by appellate courts to uphold convictions despite such illegal tactics, thus giving prosecutors few incentives to comply with the law.
[3]
A more recent example of prosecutorial misconduct can be seen in the 2006
Duke lacrosse case. In that incident, members of the
Duke University men's lacrosse team hired a female
stripper for a team party. She went on to accuse three players of
raping her at that party. Making the case even more volatile was the fact that the stripper was
black and the three accused players were
white. The actions of the prosecutor in this case,
Mike Nifong, drew enormous criticism, as he proceeded with the case despite numerous inconsistencies in the accuser's story, a lack of DNA evidence conclusively linking any player to any sexual assault, and at least two of the accused having solid alibis. He also made numerous inflammatory statements to the media. The case against the players eventually collapsed; all charges were dropped, and the
North Carolina Attorney General took the unusual step of declaring the players innocent. The North Carolina State Bar eventually
disbarred Nifong for his actions during this case.
In 2011
Michael Morton was released from prison after serving nearly 25 years for the murder of his wife in 1987. He was released after DNA evidence pointed to another man as the killer.
[4] The prosecutor,
Ken Anderson later plead guilty to withholding evidence that could have helped Morton fight the murder charge. He was sentenced to spend 10 days in jail and was also disbarred.
[5]
Despite such, the defense has been successful roughly 1 out of 6 times it has been used from 1970 to 2003. During that period, judges have cited misconduct by prosecutors as a reason to dismiss charges, reverse convictions, or reduce sentences in 2,012 cases, according to a study by the
Center for Public Integrity released in 2003; the researchers looked at 11,452 cases in which misconduct was alleged.
[6]
A debate persists over the meaning of the term. Prosecutors have asked judges to stop using the term to refer to an unintentional error, and to restrict its use to describe a breach of professional ethics.
E. Norman Veasey, the chief justice of
Delaware Supreme Court, answered one such request in 2003 by noting the term's extensive use in rulings over the past 60 years. "We believe it would be confusing to change the terminology in view of this history," he wrote in reply.
