When it comes to justice, no one is above the law
An open letter to the Yolo County Board of Supervisors:
When we see something wrong, we have a duty to speak up, otherwise our silence becomes acceptance. As prosecutors and as people of common decency, we must call out wrongdoing when we see it, especially when it is against those in our society who are least able to protect themselves.
In July 2020, we watched a preliminary hearing in Department 7 as it was being streamed live on Youtube. A victim testified, through an interpreter, that she had been threatened by a man with a knife who had called her a “stupid Mexican” and threatened to kill her. The victim also testified that she and her husband hid in their car as the attacker took pictures of their license plate and told them that he would have them sent back to Mexico.
The lawyers in the hearing were supposed to follow the law. Evidence Code section 351.4(a), states that a person’s immigration status cannot be discussed in open court, without an in camera hearing before disclosure. This is because “[b]y publicly airing the immigration status of individuals in our courthouse even when it is irrelevant to the trier of fact, some officers of the courts are chilling participation by undocumented immigrants by conveying to them that participation may lead to their deportation.”
In spite of this rule, Deputy Public Defender Richard VanZandt, a senior attorney in the office, cross examined this victim on her immigration status. To be clear, VanZandt is entitled and expected to zealously advocate for his client. I have seen zealous advocacy by both public defenders and private attorneys. This was not zealous advocacy, this was a clear violation of a law that is designed to protect everyone’s equal access to the courts.
VanZandt first brought up the topic to the victim subtly, asked her, “From what he did ... saying something to the effect of send us back to Mexico, does that cause a particular concern for you?”
When the victim said “yes,” VanZandt violated the law, live on Youtube, by exposing the victim’s immigration status. VanZandt asked her “Because you are not a legal resident, correct?
When Judge David Reed sustained an objection to the question, VanZandt attempted to push the issue, and when the judge ruled that it was not an issue, VanZandt let everyone know that he would bring it up again when he argued the case.
This type of conduct, violating the law to out a victim in open court and live streamed on the internet, cannot be tolerated. There must be action taken to correct this conduct by VanZandt.
We call on the County Board of Supervisors to take the actions necessary to protect the rights of victims and ensure equal treatment for all.
As prosecutors, we are trained to fight wrongdoing with evidence. We have sent an unedited copy of the court transcript to the Board of Supervisors along with this letter so that they can see what happened in court that day.
Every one of us takes this same stand against the disregard for the law displayed in Department 7, just as we have sworn to do. When we see an attorney violate a victim’s rights to gain an advantage and then argue to the judge that the victim should not be believed because she is someone who “doesn’t have a very good education, sixth grade education, who speaks another language,” we must take a stand. We will continue to call out wrongdoing where we see it, whether it is by a defense attorney, police officer, or even a member of our own office. We trust that every one of those groups will raise their voice to agree, no one in Yolo County is above the law.
In addition to Deputy District Attorney David Robbins, other deputy district attorneys who signed this opinion are Frits van der Hoek, Matthew Gallagher, Kyle Hasapes, Stephanie Novelli, Amanda Zambor, David Wilson, and Jordan Greenberg.