"San Francisco's public defenders say the district attorney's office is still withholding evidence months after they warned the state bar about an alleged "pattern and practice," and doing so in nearly half of their misdemeanor trials. Withholding evidence, the public defenders say, makes it much harder for them to represent their clients, and violates their clients' constitutional rights. The allegations come amidst a rise in misdemeanor cases filed by District Attorney Brooke Jenkins as the city has prioritized lower-level crimes for policing and prosecution."
"Under California law, prosecutors and criminal defense attorneys must each disclose evidence to one another at least 30 days before trial, during a phase known as the "discovery" process. Public defenders claim the DA has been providing evidence after the 30-day window, and in some cases, failing to provide evidence altogether. Since the initial letter, public defenders claim that the DA's office has continued to improperly withhold evidence."
Public defenders allege the district attorney's office has repeatedly withheld evidence in misdemeanor cases, impairing defense preparation and violating defendants' constitutional rights. A letter to the California bar eight months ago alleged a "pattern and practice," citing at least 50 withheld-evidence instances from September 2024 to March 2025. The DA's office denies the claims and accuses public defenders of delaying disclosures. California law requires reciprocal evidence disclosure at least 30 days before trial. Recent internal data shared with Mission Local reports 76 reported violations in 40 of 83 misdemeanor trials, and allegedly withheld items include body camera footage, 911 calls, and damaged lab samples.
Read at Mission Local
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