2 Orange County judges have immunity for conduct as prosecutors

Two Orange County Superior Court judges have avoided federal claims that they ignored signs of misconduct by California Highway Patrol officers who are alleged to have altered and destroyed reports following a crash that killed a deputy sheriff.

In an order on Thursday, U.S. District Judge Josephine L. Staton agreed with Orange County Superior Court judges Larry P. Yellin and Michael F. Murray's prosecutorial immunity argument. Yellin and Murray previously worked at the Orange County district attorney's office.

"Yellin and Murray contend that they are entitled to absolute prosecutorial immunity for any failure to turn over Brady evidence. The court agrees," Staton's order stated. '"[A] prosecutor's decision not to preserve or turn over exculpatory material before trial, during trial, or after conviction is a violation of due process under Brady. It is, nonetheless, an exercise of the prosecutorial function and entitles the prosecutor to absolute immunity from a civil suit for damages."'

The judges and two Highway Patrol officers were sued last year by Cole Wilkins, whom a jury convicted of murder after an oven he stole fell from his vehicle on the 91 Freeway and was struck by a Los Angeles County deputy sheriff on his way to work. The deputy died.

According to court documents filed by Wilkins' attorneys, a California Highway Patrol officer's original report exonerated Wilkins, saying that the deputy sheriff was speeding, which caused the crash. The attorneys for Wilkins said the officer's supervisors changed the report to charge Wilkins with felony murder. Cole Wilkins et al. v. State of California, et al., 8:20-cv-02417-JLS-DFM (C.D. Cal., filed Dec. 23, 2020).

Wilkins was resentenced to four years for involuntary manslaughter in March 2020. At that point, he had served 13 years in prison. Wilkins' lawsuit alleged several claims, including Brady violations, false imprisonment and fabrication of evidence.

Yellin and Murray prosecuted the case while working as deputy district attorneys.

According to Staton's order, former California Highway Patrol Chief Steven Beeuwsaert told Murray about the changed traffic reports during the first trial, which commenced in 2006.

"Murray responded that the reports did not matter because Wilkins was a fleeing felon, and Murray intended to pursue a conviction against Wilkins under the felony murder rule," Staton's order stated.

But the judges testified in 2017 that they would have told defense attorneys about the reports if they had known of them.

Orange County Superior Court Judge Thomas M. Goethals ruled in 2017 that the trial prosecutors ignored potential misconduct. People v. Wilkins, 06NF2339 (O.C. Super. Ct., filed July 13, 2006).

Collins Collins Muir and Stewart LLP represent Yellin. Koeller Nebeker Carlson and Haluck LLP represent Murray. The law firms did not respond to a request for comment.

Dale K. Galipo in Woodland Hills represents Wilkins. Galipo was unable to comment on Friday.

While the claims against the judges are dismissed, fabrication of evidence and Brady claims against two California Highway Patrol employees can proceed. Staton gave Wilkins 21 days to file an amended complaint.