March 10, 2009 By Wallin & Klarich

Judge Throws Out A Nearly 30-year-Old Murder Conviction After Finding Prosecutorial Misconduct.

A Los Angeles County Superior Court judge tossed out a nearly 30-year-old murder conviction. Judge David S. Wesley found that the prosecutors had violated the defendant’s rights and withheld evidence from defense attorneys. In his ruling, Judge Wesley said that attorneys for Adam Miranda should have been told that witness Joe Saucedo had confessed to the killing.

Adam Miranda and Joe Saucedo were initially charged with the 1980 stabbing death of Robert Hosey. Saucedo later told prosecutors that Miranda was responsible for the killing. Saucedo cut a deal with prosecutors that allowed him to plead to a lesser charge of assault with a deadly weapon, and was given two years of probation in return for his testimony against Miranda. Miranda, now 48, pleaded guilty to second-degree murder after Saucedo testified against him at the preliminary hearing. Saucedo was the sole witness at the hearing.

During Miranda’s appeals, his California appellate attorneys found a letter in a district attorney’s case file in which a jail inmate told authorities that Saucedo had confessed to stabbing Hosey. The District Attorney argued that prosecutors had not acted in bad faith, and that each believed Miranda’s attorneys were told the information. Prosecutors have stated that they remember the letter, but did not know why it was never turned over to the defense. Judge Wesley held that since the information was not given to the defense, the defendant was “clearly denied significant rights.” As such, Miranda’s conviction for the stabbing death of Robert Hosey was thrown out. Adam Miranda is currently sentenced to life in prison without the possibility of parole for the murder of an Eagle Rock convenience store clerk. The clerk’s killing occurred two weeks after the death of Robert Hosey.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The Los Angeles murder defense attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at www.wklaw.com for more information.

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