I am concerned about some of the comments made by prominent defense attorneys posted in today’s Californian regarding Judge Bush’s decision to require the Vincent Brothers defense team to ‘explain’ why they should not be held in contempt of court.  At issue is the fact that the defense team let their client testify in open court before the jury that he was the driver of a vehicle involved in a collision that took place in Ohio about the time that his family was murdered in Bakersfield.  They may have had documents in their possession proving that testimony was false.  There is no doubt that if the prosecution had not discovered a police report indicating that it was another man who was involved in that accident, Vincent Brothers would have been acquitted.  No jury could convict a defendant with such an ‘iron clad’ alibi.

Attorney Kyle Humphrey said, “When attorneys believe they can be sanctioned or held in contempt when they provide zealous advocacy, the balance of power in the criminal justice system is placed at risk.”  Actually, the “balance of power” is already tipped in favor of the defendant in criminal cases.  A “ton” of evidence including previous convictions is exempt from being admissible as evidence.  Defendants found guilty of murder have the right to file innumerable appeals; however, (and the most pertinent fact concerning the possibly exonerating false testimony of Vincent Brothers) if a defendant is found innocent, he may not be tried again for the same crime.  This is a right guaranteed by the Fifth Amendment and known as “double jeopardy.”  

In light of the fact that some defense attorneys are “zealous” to the point that they will do almost anything to get a ‘W’ in their score column, it is perfectly reasonable for them to “express concern that Bush’s inquiry could have the unintended effect of compelling defense counsel to err on the side of caution rather than zealously advocate for the accused.”  Except I disagree.  I believe the actions of Judge Bush will have the intended effect of compelling defense counsel to be cautious.

I stand firmly behind Judge Bush’s inquiry.  We need a few more judges like him in Kern County.