California crime crisis: Numerous criminal defendants granted release due to technicality.

The San Francisco Superior Court dismissed 70 misdemeanor cases, including DUIs, sexual battery, and violations of restraining orders, that were not heard in court before their constitutional deadline.

A month after a panel of California appellate judges ruled that San Francisco's courts improperly delayed a woman's trial for years, the court system issued mass dismissals, citing outdated pandemic-era protocols as the justification.

"Over three decades of legal practice in California, civil rights attorney Leo Terrell has observed that 70 criminals were given a "get out of jail free card" by being granted a monopoly on the criminal justice system. According to Terrell, these criminals are not minor offenders like jaywalking or DUI, but rather serious offenders like domestic violence. Terrell raises the question of where the relief is for the victims of these crimes."

Prosecutors in District Attorney Brooke Jenkins' office have identified 74 other defendants whose trials were postponed under similar circumstances. Last Thursday, a judge dismissed all but four of those charges en masse in light of an appellate ruling.

Jenkins acknowledged that the courts were obligated to dismiss the cases and that her office had a responsibility to conduct trials ethically. However, she emphasized that the court's delays not only harmed the defendants who were denied their right to a prompt trial, but also the "countless victims of crime who will never receive justice."

In 2022, near the Yerba Buena Center for the Arts, a vehicle crash occurred that resulted in the deaths of two pedestrians. Wayne Henderson, whose wife Mary Henderson and daughter Willa Henderson were killed in the crash, expressed his anger before San Francisco Superior Court Presiding Judge Anne-Christine Massullo last Thursday.

"The defendant is being denied the opportunity to be held accountable for his misconduct, as the victims are being denied their moment to see and hear him answer for his crimes. This is unjust, as the victims at the very least deserve to have their voices heard."

The San Francisco District Attorney's Office is being blamed by prosecutors and defense attorneys for the delays, while the Superior Court claims that judges are responsible.

Massullo stated to the Chronicle that her court had "no discretion" in the cases it was required to dismiss and expressed hope that the district attorney's office would prioritize cases to ensure justice is served.

The district attorney's office responded that any suggestion by the court that they should resolve cases recklessly to assist the court in managing its workload is unjustified, misguided, and inappropriate.

Terrell, a civil rights attorney with over three decades of experience in the California area, stated to Planet Chronicle Digital that he has never witnessed "this extent of disregard based on carelessness."

"I have witnessed individual cases being dismissed, but the fact that 70 cases have been dismissed is highly unusual, given that I have not heard any legitimate reasons for it," Terrell stated on Thursday. "There are numerous alternatives that the San Francisco Superior court could have employed, all they need to do is examine other cities and counties in California."

In similar circumstances, Terrell stated that courts frequently assign civil court judges to handle large caseloads, halting civil court operations until criminal cases have been resolved.

Courts can also extend their hours to handle more cases, he said.

Terrell pointed out that misdemeanor cases are "relatively easy" to prosecute compared to felonies, which require more witness and expert testimony.

"He stated that in a misdemeanor case, there are usually no more than 3 or 4 witnesses on both sides, and in a DUI case, the defendant, a police officer's report, and a medical expert's testimony on BAC are the only witnesses."

Terrell stated that plea deals are frequently struck to decrease caseloads instead of dismissing cases entirely.

John Turley, a constitutional law expert, pointed out that district attorney's offices usually do not solely depend on abandonment as a case management technique.

"If the large number of cases were dismissed due to negligence, it is a serious matter. If it was done intentionally, they must explain their reasoning for not requesting dismissal."

David Wohl, a California Criminal Defense Attorney, stated to Planet Chronicle Digital that state-wide, there has been an issue with case overloads. In Riverside County specifically, he revealed that several felony cases were dismissed due to a shortage of courtrooms.

The current situation in California is a reflection of the political dysfunction in that city, which has been two years past the COVID-19 issues. It's a concerning development that highlights the need for federal intervention in order to address the issues that have arisen.