This is the Stipulation that was signed at DA Cooley's Instruction, Judge David Wesley and Criminal defense lawyer from the Public Defender's Office. It begins with a false claim that there was a concern whether Jessica's Law could be applied to the current Sexually Violent Predators facing trial. That statement is false, as Attorney General Jerry Brown had sent to every DAs office the AGs analysis that Jessica's Law was good, and that the indeterminate "life" sentence should be imposed, NOT the 2 year sentences that had been imposed before Jessica's Law.
FACT:I am informed that prior to Jessica's Law, Prop 83, California was the only state to give SVPs a 2 year term. The others all gave indeterminate or "life" sentences.
FACT: The stipulation is being enforced even after the issue was settled by the Appellate Courts in several cases. there is no longer a doubt that Jessica's Law should be enforced.
I AM INFORMED: My sources have told me that the first Judge to refuse to enforce the illegal stipulation, was Judge Simpson in Pasadena. After the trial, he saw the stiputlatio, declared it illegal and imposed an indeterminate sentence. He has not been given another SVP case.
I AM INFORMED: That more Judges are refusing to impose the illegal sentence required by the stipulation. As a result, the court is developing a plan to set up a secret SVP Court that will be staffed by judges who will agree to impose the 2 year terms.
I AM INFORMED: The legal rule that allows lawyers to get away from a judge they do not like, also called papering a judge, or filing a 170.6 motion, has been abandoned. For prosecutors, this is important. If the law were followed, the defense could only paper one judge, and then be stuck with the next. if the first judge was known to refuse to follow the illegal stipulation, they would paper the judge and get a secomnd unknown judge. They were then stuck with that judge. under the SVP system, the courts are trying to find judges who will NOT follow the law, and allow the criminal defense attorneys to escape a judge they do not like with a phone call. They can shop for a judge until they get one they like, in violation of the law. This benefits criminal defense lawyers greatly, as they will sooner or later find a judge who has been pressured by managers to ignore the law.
