Attorney David M. Dudley’s most recent victory occurred this June in People v. C.P. The defendant was facing drug charges, namely possessing over 50 kilograms of cocaine in his house. Because he had several prior strike convictions, he was facing a potential life sentence under California law.
Through his extensive contacts, Mr. Dudley was able to discover that the principal investigating officer in the case had a history of misconduct, especially involving the use of informants. Of great relevance, Mr. Dudley found a deposition transcript in which the detective had admitted under penalty of perjury illegal or at least unprofessional conduct, stated that he had no regard for a prosecuting attorney’s evaluation of a case, and that never, under any circumstances, would he disclose the names of any of his working informants, even under court order. Mr. Dudley also uncovered evidence that the detective had possibly stolen money used in undercover sting operations.
Based upon this historical information and the facts of the case, Mr. Dudley filed a motion for disclosure of the prosecution’s informant whose efforts had led to the seizure of cocaine form his client’s residence. Although such motions are rarely granted in the State of California or elsewhere, he argued that due to the detective’s rogue history and due to discovery in the present case indicating that the detective had told at minimum three conflicting stories about what had happened inside the defendant’s house just prior to the cocaine seizure, the court should find the informant to be a critical, percipient witness to the cocaine conspiracy and possession charge, mandating the disclosure of his or her identity.
After several in camera evidentiary hearings, the court indicated that it would rule on the motion. Before that ruling, the district attorney offered the defendant a 25-year plea deal, as opposed to the life sentence he was facing. The defense flatly and quickly refused that proposal.
The court then granted the defendant’s motion for disclosure of the informant’s identity. Keeping the promise that he had made many times in the past, as predicted by Mr. Dudley, the detective refused to comply with the court’s order to provide such disclosure. As a result, the court dismissed all charges against the defendant. Instead of serving life in prison, the defendant was released from custody that day and is now a free man.
Contact criminal defense attorney David M. Dudley today to find out how he can help your case.