(Yeah? Pandorigate? Any better suggestions?)
If the prodigious volume of mail we received yesterday is any indication, the residents of our fair city are alarmed at
the overarching question that remains as an aftertaste of the Kali-Rai/Arreola arrest -
why?
In those emails, many additional questions were raised and some good resources revealed. Which we'll get to in a moment. Before we do, however - some issues worthy of note.
As
we discussed last September, Dolores Carr moved quickly, upon taking office, to make adjustments to the culture she saw there, instituting both
an ethics advisor and
a set of by-laws, which include the following juicy phrase, right up front:
Cases should be analyzed on evidence and triability, not personalities, friendships, or politics unrelated to likelihood of prevailing before a jury.
Now why would she feel this is necessary? Why, within months of assuming the top crime-fighting position in our County, would she feel it necessary to establish that they pursue cases without bias? Certainly seems to indicate that there was indeed a corrupted culture in local politics - but not necessarily at City Hall.
As for the charges themselves, the
Mercury News today quotes Steve Lowney, who reviewed Pandori's initial charges.
Carr dropped the charges in July 2007 after Lowney's review found insufficient evidence to support the case.
Lowney then examined the innocence issue, which clears a defendant's record entirely. While Lowney would not comment on the original decision to prosecute, he indicated his review of the evidence made the innocence determination straightforward.
"It wasn't a big leap," he said Monday.
Not a big leap? It was a simple matter to determine that the initial charges were without merit? How can that be?
While this entire affair was originally transpiring, the same Mercury News, of course, was falling all over itself to pile on. Here are
three articles relating to the case, published in 2006 and 2007. The Woolfolk article paints a particularly dingy picture, demonstrating a "guilty until proven innocent" tone - with nasty quotes from former Chamber flack Jay Rosenthal. Meanwhile, Herhold extols his old friend Pandori, calling him a "very good prosecutor" and "brilliant".
Interestingly, the initial article from December 2006 by Rodney Foo, indicates that the warrant was signed on November 16th - meaning that, without question, the process of gathering evidence was begun well before the general election.
So we have a freelancing prosecutor, going after his political opponents right before Election Day, with an acquiescent boss and newspaper. When a new DA comes in, she feels the need to immediately declare the office's impartiality, and the accused individuals are declared completely innocent by that office. I repeat - something stinks.
And folks out there agree. Tipsters emailed a variety of information, including an
article in Governing magazine looking at increased fervor by prosecutors who see great political benefit in uncovering "corruption". The article asks if "prosecutors are out of control." A choice quote:
Given the vast discretion prosecutors maintain in picking their targets, they are subject to regular complaints that they are interfering with the political process and the normal operations of government.
What if that interference is intentional?
Anyway. We're still digging through much of the other information we've been provided, so stay tuned.
The big question remains: what next? Will the grand jury take this up? Will the Mercury News revise its consideration of the issue? And, for God's sake, can anyone come up with a better name than "Pandorigate"?
Labels: David Pandori, George Kennedy