Case on DAs' Movie Input, Book Is at CA High Court

But their foray into the entertainment world went awry in October 2006 when a state appellate panel threw both prosecutors off their cases. Joyce Dudley's novel, 'Intoxicating Agent,' hewed far too close to her real-world rape case, the court held, while Ronald Zonen shouldn't have allowed producers of the movie 'Alpha Dog' access to highly sensitive files in his sensational death-penalty case. As a result, the court ruled, keeping the prosecutors on the cases would deny both criminal defendants a fair trial. Haraguchi v. The Superior Court of Santa Barbara County, 49 Cal.Rptr.3d 590 (Cal. App. 2d Dist. 2006); Hollywood v. The Superior Court of Santa Barbara County, 49 Cal.Rptr.3d 598 (Cal. App. 2d Dist. 2006).

Blurred Line

Lawyers representing the two senior deputy-district attorneys recently went before the California Supreme Court in Los Angeles to argue that their clients' actions didn't warrant recusal. Haraguchi v. S.C. (People), S148207. They contend that the appellate panel erred by second-guessing the trial court judges, neither of which found sufficient reason to toss Dudley or Zonen off their cases.

Attorneys on the opposite side of the two companion cases disagree, with Encino, CA's James Blatt and Michael Raab ' who represent accused murderer Jesse James Hollywood ' putting it most succinctly: 'The integrity of our criminal justice system is at stake in these proceedings.'

In an interview, Blatt said that the melding of entertainment and the law is becoming increasingly popular in today's media, citing celebrity trials, sensational news coverage and other examples. The courts, he said, need to step in and send 'a very clear message' that if prosecutors or defense lawyers cross the line, they will be recused. 'This type of action,' he said, 'must not be permitted.'

Robert Sanger, a partner in Santa Barbara's Sanger & Swysen who represents Massey Haraguchi, the accused rapist Dudley was prosecuting, echoed Blatt's comments in an interview. 'We do expect prosecutors to be vigorous and defense lawyers to disagree,' he said, 'but there shouldn't be a personal agenda. If there is something influencing the decision rather than the proper role of a prosecutor, it shouldn't occur.'

Both Dudley and Zonen would not comment when contacted a week prior to the arguments before the state supreme court. Santa Barbara County Senior Deputy DA Gerald Franklin filed court papers for both Dudley and Zonen. In his high court appeal in Dudley's case, Franklin pointed to Santa Barbara County Superior Court Judge Frank Ochoa Jr.'s finding that any similarities in Dudley's book didn't establish a conflict with Haraguchi's case.

'It has not been demonstrated or established,' trial judge Ochoa held, 'that any publicity related to Ms. Dudley's book has been so extensive or interlinked with Mr. Haraguchi's case that he would be unlikely to receive a fair trial.'

In appealing Zonen's case, Franklin argued in court papers there was no evidence Zonen had a conflict of interest. 'Prosecutor Zonen had an obvious interest in seeing that the accused was brought to bar for his participation in the murder of a 15-year-old boy,' Franklin wrote. 'He has an obvious interest in convicting Mr. Hollywood when the matter comes to trial. Those interests are not in conflict, and he had and has no other interests that 'conflict' with them.'

Franklin's co-counsel before the state supreme court is Los Angeles-based Deputy Attorney General David Glassman. Zonen and Dudley have the support of the California District Attorneys Association, which filed amicus curiae briefs in both cases. Writing for the group, Grover Merritt, lead deputy DA of the appellate-services unit of the San Bernardino County DA's office, said it was clear the Second District was 'perturbed' by Zonen's book and Dudley's movie consultation. 'However,' he wrote in both cases, 'mere 'distaste' for a prosecutor's actions is no ground for recusal.'

Defense lawyers in both cases would like to see the entire Santa Barbara County DA's office recused. But Justices Kenneth Yegan, Steven Perren and Arthur Gilbert, of the Second District Court of Appeal's Ventura branch, refused to go that far in their dual 2006 rulings.

Too Real for Entertainment?

Dudley came under fire for self-publishing her 217-page novel, 'Intoxicating Agent,' in 2006, just as she was prosecuting a rape-by-intoxication case against Haraguchi. In court papers, Sanger pointed out several similarities between the fictional rape case in Dudley's book and two real rape cases she prosecuted against Haraguchi and another defendant.

Sanger, the defense lawyer in both cases, noted identical Penal Code violations, defendants with similar builds and looks, parallel facts, alleged victims who seem remarkably alike and even judges who were singers in folk-music groups. Sanger was also nonplussed by the book's portrayal of the prosecutors ' especially Jordon Danner, the fictionalized prosecutor who Dudley admits is a 'pumped-up version of herself' ' as heroic figures, while defense lawyers are described as 'unethical, corrupt and cooperating with evil clients.'

Zonen got in trouble when he provided filmmakers with the complete case file ' including unredacted police, probation and psychiatric reports ' he used to prosecute Ryan Hoyt, William Skidmore, Jesse Rugge and Graham Pressley for the brutal 2000 murder of 15-year-old Nicholas Markowitz. Jesse James Hollywood also had been indicted for masterminding the killing, but was on the lam.

Zonen turned his documents over to film director Nick Cassavetes in 2003 in the hope, he claimed, that publicity would flush Hollywood out of hiding. In 2005 ' two years before the movie 'Alpha Dog,' starring Bruce Willis, Sharon Stone and Justin Timberlake, was released ' Hollywood was arrested in Brazil and extradited to the United States to stand trial.

Santa Barbara County Superior Court Judge Brian Hill refused to recuse Zonen ' or the entire DA's office ' because he saw no conflict of interest. Hill said it was apparent Zonen would make no money from the film and was only supplying information that he hoped would help apprehend Hollywood.

Aware that Hollywood faced death if convicted, however, the appellate court felt Zonen might have biased the jury pool. 'Prosecutors should try their cases in courtrooms, not in the newspapers, television or in the movies,' the court ruled. 'As far as we know, no prosecutor has ever been a consultant (even without pay) to a film director on a pending criminal case that he or she is prosecuting. To say that Zonen went too far in his attempt to apprehend [Hollywood] is an understatement.'

But their foray into the entertainment world went awry in October 2006 when a state appellate panel threw both prosecutors off their cases. Joyce Dudley's novel, 'Intoxicating Agent,' hewed far too close to her real-world rape case, the court held, while Ronald Zonen shouldn't have allowed producers of the movie 'Alpha Dog' access to highly sensitive files in his sensational death-penalty case. As a result, the court ruled, keeping the prosecutors on the cases would deny both criminal defendants a fair trial. Haraguchi v. The Superior Court of Santa Barbara County , 49 Cal.Rptr.3d 590 (Cal. App. 2d Dist. 2006); Hollywood v. The Superior Court of Santa Barbara County , 49 Cal.Rptr.3d 598 (Cal. App. 2d Dist. 2006).

Blurred Line

Lawyers representing the two senior deputy-district attorneys recently went before the California Supreme Court in Los Angeles to argue that their clients' actions didn't warrant recusal. Haraguchi v. S.C. (People), S148207. They contend that the appellate panel erred by second-guessing the trial court judges, neither of which found sufficient reason to toss Dudley or Zonen off their cases.

Attorneys on the opposite side of the two companion cases disagree, with Encino, CA's James Blatt and Michael Raab ' who represent accused murderer Jesse James Hollywood ' putting it most succinctly: 'The integrity of our criminal justice system is at stake in these proceedings.'

In an interview, Blatt said that the melding of entertainment and the law is becoming increasingly popular in today's media, citing celebrity trials, sensational news coverage and other examples. The courts, he said, need to step in and send 'a very clear message' that if prosecutors or defense lawyers cross the line, they will be recused. 'This type of action,' he said, 'must not be permitted.'

Robert Sanger, a partner in Santa Barbara's Sanger & Swysen who represents Massey Haraguchi, the accused rapist Dudley was prosecuting, echoed Blatt's comments in an interview. 'We do expect prosecutors to be vigorous and defense lawyers to disagree,' he said, 'but there shouldn't be a personal agenda. If there is something influencing the decision rather than the proper role of a prosecutor, it shouldn't occur.'

Both Dudley and Zonen would not comment when contacted a week prior to the arguments before the state supreme court. Santa Barbara County Senior Deputy DA Gerald Franklin filed court papers for both Dudley and Zonen. In his high court appeal in Dudley's case, Franklin pointed to Santa Barbara County Superior Court Judge Frank Ochoa Jr.'s finding that any similarities in Dudley's book didn't establish a conflict with Haraguchi's case.

'It has not been demonstrated or established,' trial judge Ochoa held, 'that any publicity related to Ms. Dudley's book has been so extensive or interlinked with Mr. Haraguchi's case that he would be unlikely to receive a fair trial.'

In appealing Zonen's case, Franklin argued in court papers there was no evidence Zonen had a conflict of interest. 'Prosecutor Zonen had an obvious interest in seeing that the accused was brought to bar for his participation in the murder of a 15-year-old boy,' Franklin wrote. 'He has an obvious interest in convicting Mr. Hollywood when the matter comes to trial. Those interests are not in conflict, and he had and has no other interests that 'conflict' with them.'

Franklin's co-counsel before the state supreme court is Los Angeles-based Deputy Attorney General David Glassman. Zonen and Dudley have the support of the California District Attorneys Association, which filed amicus curiae briefs in both cases. Writing for the group, Grover Merritt, lead deputy DA of the appellate-services unit of the San Bernardino County DA's office, said it was clear the Second District was 'perturbed' by Zonen's book and Dudley's movie consultation. 'However,' he wrote in both cases, 'mere 'distaste' for a prosecutor's actions is no ground for recusal.'

Defense lawyers in both cases would like to see the entire Santa Barbara County DA's office recused. But Justices Kenneth Yegan, Steven Perren and Arthur Gilbert, of the Second District Court of Appeal's Ventura branch, refused to go that far in their dual 2006 rulings.

Too Real for Entertainment?

Dudley came under fire for self-publishing her 217-page novel, 'Intoxicating Agent,' in 2006, just as she was prosecuting a rape-by-intoxication case against Haraguchi. In court papers, Sanger pointed out several similarities between the fictional rape case in Dudley's book and two real rape cases she prosecuted against Haraguchi and another defendant.

Sanger, the defense lawyer in both cases, noted identical Penal Code violations, defendants with similar builds and looks, parallel facts, alleged victims who seem remarkably alike and even judges who were singers in folk-music groups. Sanger was also nonplussed by the book's portrayal of the prosecutors ' especially Jordon Danner, the fictionalized prosecutor who Dudley admits is a 'pumped-up version of herself' ' as heroic figures, while defense lawyers are described as 'unethical, corrupt and cooperating with evil clients.'

Zonen got in trouble when he provided filmmakers with the complete case file ' including unredacted police, probation and psychiatric reports ' he used to prosecute Ryan Hoyt, William Skidmore, Jesse Rugge and Graham Pressley for the brutal 2000 murder of 15-year-old Nicholas Markowitz. Jesse James Hollywood also had been indicted for masterminding the killing, but was on the lam.

Zonen turned his documents over to film director Nick Cassavetes in 2003 in the hope, he claimed, that publicity would flush Hollywood out of hiding. In 2005 ' two years before the movie 'Alpha Dog,' starring Bruce Willis, Sharon Stone and Justin Timberlake, was released ' Hollywood was arrested in Brazil and extradited to the United States to stand trial.

Santa Barbara County Superior Court Judge Brian Hill refused to recuse Zonen ' or the entire DA's office ' because he saw no conflict of interest. Hill said it was apparent Zonen would make no money from the film and was only supplying information that he hoped would help apprehend Hollywood.

Aware that Hollywood faced death if convicted, however, the appellate court felt Zonen might have biased the jury pool. 'Prosecutors should try their cases in courtrooms, not in the newspapers, television or in the movies,' the court ruled. 'As far as we know, no prosecutor has ever been a consultant (even without pay) to a film director on a pending criminal case that he or she is prosecuting. To say that Zonen went too far in his attempt to apprehend [Hollywood] is an understatement.'