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Jon Fleischman

Angeles Case Shows Prosecutorial Discretion in the Hands of the Irresponsible is Frightening

Republicans are big supporters of law enforcement.  We believe in the fair and just application of the law and support our men and women in law enforcement.  However, Republicans also have a healthy distrust of big government and irresponsible prosecutors.  Prosecutors wield immense power and this power can do severe damage to the average citizen when it is not exercised justly.

The recent case of the State of California v. Joel Angeles is a perfect example of how unjust the system can be when corrupted by an irresponsible prosecutor.  The case surrounded events which occurred outside the June 18, 2008 Tony Strickland fundraiser featuring Mitt Romney.  The race to replace State Senator Tom McClintock was hotly contested.  Both sides spent nearly 6 million dollars each and when the dust settled Tony Strickland had prevailed by less than 1500 votes (or as Strickland likes to say, he won by about one vote per precinct). 

It was in this environment that a group of Democrat protesters arrived at the Strickland event.  It became clear that the intention of the group was to engage with the Strickland supporters who were gathered in front of the hotel.  Assemblywoman Audra Strickland’s Chief of Staff, and longtime FR friend Joel Angeles attempted to negotiate a buffer zone between the Strickland supporters and the Democrat protesters.  Angeles was quickly surrounded by the surging mob of Democrat protesters.  He was pushed, shoved and things got heated.  At one point, Angeles was hit in the face by the President of the Camarillo Democrat Club, John Phillips.  Most of these events were captured on video tape.  Eventually, order was restored and both sides agreed not to press any charges.  However, approximately five weeks the later the group of Democrat protesters changed their minds and decided to report the matter to police and request prosecution.  Furthermore, they issued a press release stating that they were requesting a citizen’s arrest.  Surprisingly, the Attorney General’s office decided to file criminal charges against Joel Angeles some seven months after the events had occurred.

At trial, Angeles was represented by Steve Baric who is the President of the California Republican Lawyers Association and Secretary of the California Republican Party.  Baric has developed a diverse practice over the years representing several legislators on election matters and he helped organize and coordinate the lawsuit by Republican legislators regarding early release of prisoners from California’s prisons.  Recently, he represented several Ventura County elected officials in a lawsuit regarding the Prison Receiver’s attempt to build a massive prison hospital in Camarillo.  However, what many don’t realize is that he is a very experienced trial attorney, having tried hundreds of cases.  As a former Orange County Gang Prosecutor, Baric tried our community’s toughest criminals as a member of the Elite TARGET Gang Unit.  He was assigned to the unit housed in the Santa Ana Police Department.  Santa Ana is home to some criminal street gangs which make even the dangerous MS13 think twice about coming to Orange County. 

At trial, the Attorney General’s office called fifteen witnesses – most of whom were local Democrat activists.  Baric warned the Attorney General’s prior to the trial that these witnesses were motivated by partisan politics and lacked credibility.  These warnings were ignored.  During the trial, one by one Baric impeached the prosecution’s witnesses.  However, the show stopping moment came when prosecution witness Louis Pandolfi took the stand.  Pandolfi had organized the protest as well as the subsequent report to the police.  Baric confronted Pandolfi on cross examination about the amount of communication he had with other prosecution witnesses.  Baric pressed as to the names of certain witnesses and asked whether Pandolfi had met with them to discuss their testimony.  Specifically, Baric inquired as to whether Pandolfi had meet with John Phillips the President of the local Democrat club.  Pandolfi denied meeting with Phillips and stated that he had not seen him “in over a year.”  At this point, Baric presented several pictures showing Pandolfi and Phillips at the scene of the crime only one week prior to the trial.

Surprisingly, with their star witness in tatters, the Prosecutor continued to seek a conviction.  She argued that even though he may have lied under oath it was still okay to convict Mr. Angeles. 

Fortunately, the jury had a better grasp on justice than the Attorney General’s office and quickly returned a not guilty verdict on all counts.  However, this case illustrates the point that the power of government in the hands of an irresponsible prosecutor can have grave consequences for the average citizen. 

In this case there was a just and happy ending for Joel Angeles.  However, it was not without great cost and stress.

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