SAN FRANCISCO (KNX) — Orange County Superior Court Judge Michael Murray will face a hearing next month on a charge brought by the San Francisco-based California Commission on Judicial Performance alleging misconduct during his tenure as a deputy district attorney prior to his 2016 election to the bench.
Commissioners alleged Murray withheld evidence showing a California Highway Patrol report was altered in a murder case involving an off-duty Los Angeles County sheriff’s deputy. The deputy was killed when his car swerved into a cement truck to avoid a stolen stove that had fallen from a truck driving on the 91 Freeway in Anaheim.
According to The Orange County Register, the CHP’s report concluded that the deputy’s high rate of speed caused the accident, but it was later altered to lay blame on the alleged stove thief, Cole Wilkins. Wilkins was convicted of murder, but was released from prison 13 years later when an appellate court panel reduced his charge to manslaughter.
Commissioners alleged Murray — the prosecutor on Wilkins’ case — did not share the altered report with defense attorneys. In his answer, Murray admitted the altered report should have been turned over to Wilkins’ lawyers, but that he did not know during the trial that it had been modified.
A public defender, whose testimony was cited in the commission’s filings, alleged Murray’s “history of misconduct” as a prosecutor contaminated at least three other cases, however.
Assistant Public Defender Scott Sanders wrote that Murray withheld fingerprint evidence favorable to the defense in a 1998 jewelry store heist case for nearly two years. Murray was also accused of withholding evidence in a 1996 fatal shooting case, and a 2009 triple capital-murder case.
Murray admitted in court hearings that he violated state disclosure laws with regards to the 2009 case, but not federal constitutional laws.
“[Murray’s] duty is not to obtain convictions but to present to the court the evidence material to the charge upon which the defendant stands trial,” an appellate court panel in 2007 said in its ruling upholding the 1996 conviction.
The commission maintains Murray failed in his duty
Murray will appear before the Fourth Appellate District court on April 25 to answer for the commission's allegations. The hearing will be open to the public, according to a press release published by the Commission on Judicial Performance.
“If the commission determines that the charges are proved by clear and convincing evidence, it is empowered to impose discipline as provided in the California Constitution,” a spokesperson for the commission said.
The hearing will be conducted by so-called “special masters,” all judges, appointed by the California Supreme Court, including Hon. Judith M. Ashmann-Gerst of the Second Appellate District; Hon. Patricia D. Benke, retired from the Fourth Appellate District; and Hon. George Abdallah of San Joaquin County Superior Court.
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