Victims have no standing to recuse prosecutors, judge rules

A judge on Tuesday denied a motion to disqualify two new prosecutors and the entire Los Angeles County district attorney's office from handling, and supporting, a convicted double murderer's petition against his death penalty.

Superior Court Judge Roger T. Ito ruled against a motion by Kathleen M. Cady of the Dordulian Law Group that sought to disqualify deputy district attorneys Diana Teran and Shelan Joseph, saying because of their background as public defenders they had conflicts of interest and favored the convict over the murder victims' children and the people of the state.

The prosecutors have said they will concede the convict's claim that he has an intellectual disability and should receive a different sentence than death.

"I do not believe that Marsy's law confers on the victim or the victim's family the right to request the recusal of the district attorney," Ito told Cady.

Cady, a Marsy's Law attorney, filed the motion in August on behalf of the victims' children, saying both prosecutors should be removed from participating in Samuel Zamudio's habeas corpus proceeding that has been pending for more than 10 years.

In her motion, Cady argued Joseph should be removed on the basis that she was employed by the public defender's office when Zamudio was a client of the office and Teran should be removed because she is still employed by the public defender's office and is on loan to the DA's office.

Zamudio was convicted of murdering Elmer and Gladys Benson in 1998. People v. Samuel J. Zamudio, VA036217 (L.A. Sup. Ct., filed July 10, 1996).

Ito ruled there is no actionable or recognizable conflict in Joseph participating in the case just because of her prior employment as a public defender based on her declarations and corroboration by Zamudio's attorneys that she had no involvement in the case before joining the district attorney's office.

"There may be an appearance of impropriety, but I see no actionable conflict that exists," Ito said.

Ito also found no conflict in Teran's involvement based on her declarations and the county explaining that employment arrangements like Teran's are common and although she is a public defender her salary is paid by the district attorney's office.

"The victims are disappointed that the judge would not disqualify the district attorney's office because they believe there is a clear conflict of interest in the DA's office continuing to represent victims and the people of the State of California," Cady said via email after the hearing.

She added the victims' family believe District Attorney George Gascón and his office's attempt to concede the issue of intellectual disability in Zamudio's habeas petition is a ploy to undo a valid judgment by the jury and the court.

Joseph addressed that allegation in court, "I am actually very put off by the victims' attorney's implication that I am doing this as a policy directive."

She added she had reviewed all the facts and evidence surrounding the habeas petition and came to the decision to concede based on that evidence.

"We had to evaluate whether it was in the interest of justice whether to pursue fighting the intellectual disability claim given the evidence we have," she said.

Ito requested more information regarding the prosecution's motion conceding to the defendant's habeas corpus claim that he has an intellectual disability and as a result he should be resentenced. The case's next hearing is set for Nov. 9.

In July, Los Angeles County Superior Court Judge Brian Yep also denied Cady's motion to disqualify another prosecutor and former public defender, as well as the DA's office, from prosecuting a resentencing case based on claims the prosecutor and the office were siding with the killer's efforts to get out of prison early under new juvenile sentencing guidelines.

Yep ruled that under the law, the victims had no standing to bring the disqualification motion.