A group of Santa Clara County taxpayers are exploring the feasibility of a campaign to recall Jeff Rosen, the district attorney for the county. The group alleges that Rosen has engaged in waste, fraud, abuse of authority, and violation of law, as those terms are defined in the California Government Code.
Among other issues, Rosen has failed or refused to prosecute public corruption and white collar crime, has failed to comply with crime victim laws, and has botched rape and domestic violence cases. Rosen’s office is rife with sexism, he protects his personal friends who work in the office from accountability, and he retaliates against whistleblowers.
Rosen and the prosecutors in his office also have a long history of violating the law and attorney ethics by withholding evidence (“discovery”) from criminal defendants and their lawyers. Retired Judge Kevin Murphy said that the unethical tactic was “standard practice” in the office, according to a news report in the Daily Journal.
For at least 20 years, when caught Santa Clara County district attorneys give the media lip service to ending the practice of withholding evidence (“discovery violations”), but the practice continues to this day.
Rosen has been involved in improper governmental activity including violations of state and federal law, corruption, malfeasance, fraud, coercion, conversion, malicious prosecution, misuse of government property, and willful omission to perform duty, the group alleges. Government Code § 8547.2(c).
Throughout his long career as a prosecutor or as the district attorney, Rosen has been at the center, or in the vicinity of an endless stream of scandals in the Santa Clara County District Attorney’s Office. The taxpayer group contends that Rosen has wasted taxpayer money, committed crimes, and deprived the public of the federally protected right to honest government services.
This is a partial list of the misconduct Rosen has been involved in, helped cover up, or, it is fair to assume, was aware of and ignored.
Review of more than 700 appeals finds problems throughout the Santa Clara County justice system. San Jose Mercury News.
Prosecutors over the line. San Jose Mercury News.
The high cost of a bad defense. San Jose Mercury News.
How judges favor the prosecution. San Jose Mercury News.
Wrongful convictions spur police lineup review. San Jose Mercury News.
Court reverses verdict based on prosecutor’s misconduct. San Jose Mercury News.
Convicted man acquitted after eight years in custody. San Jose Mercury News.
Records Show 30 Claims of Sexual Misconduct Filed Against Santa Clara County DA Staffers. San Jose Inside.
Ruling finds DA’s right-hand man committed misconduct. San Jose Mercury News.
In latest South Bay scandal, DA weighs whether to punish his best friend. San Jose Mercury News.
Santa Clara DA Faces Decision on Prosecutorial Misconduct. California Innocence Project.
Appeals court flags Jeff Rosen, incoming district attorney, for misconduct, but upholds rapist’s conviction. San Jose Mercury News.
Santa Clara County DA’s office pulls prosecutor, DNA expert off murder case after sexual affair. San Francisco Examiner.
Santa Clara County board upholds rare firing of prosecutor by DA Jeff Rosen. San Jose Mercury News.
State Bar Disciplines Former Santa Clara County Prosecutor. KPIX 5 CBS SF Bay Area.