District Attorney

DA Jeff Rosen Answers Readers’ Questions

This week, District Attorney Jeff Rosen answered 10 questions selected by SJI staff out of dozens submitted by San Jose Inside commenters. The topics range from how he handled the DeAnza sex case, his hiring of a Mercury News reporter and the timeline for several high-profile cases.—Editor

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Tangled Webby

The San Jose Police Department’s ink-stained nemesis has gone native and joined the apparatus that puts people behind bars rather than hold the system accountable. That’s right, reporter Sean Webby is leaving the Mercury News to become a media coordinator for District Attorney Jeff Rosen.

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Pose Questions to DA Jeff Rosen

UPDATE: San Jose Inside has selected reader questions and sent them to DA Jeff Rosen. Thanks to all who participated.
This week, Santa Clara County District Attorney Jeff Rosen has agreed to answer questions from San Jose Inside readers. He is the fifth public official to participate in this series. Questions are selected from online posts to this site.

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Medical Marijuana’s Recent Local History

In 1996, The Compassionate Use Act, Proposition 215, passed with 66 percent of the vote,allowing for the launch of medical marijuana clubs in the state. The Act itself dictates that “governments implement a plan to provide the safe and affordable distribution of marijuana to all patients in medical need.” Oakland, Santa Cruz, and San Francisco were the first local cities to provide safe access to medical marijuana for those in need.

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Violent Arrest Results in Settlement

A legal settlement has been reached in the federal lawsuit between the city and a San Jose State student whose violent encounter with police two years ago was captured on video. Rather than go to court, the city will reportedly settle with Phuong Ho—who said his civil rights were violated when police used a Taser as well as a baton to subdue him—for somewhere in the range of $90,000 to $225,000.

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Rosen Rocks The Boat

Having handily knocked off Dolores Carr in November’s election, District Attorney Jeff Rosen has so far delivered on his promise to make changes big and small in his department. In addition to reinstating the Cold Case Unit, Team Rosen is reinvigorating the Government Integrity Unit, a do-nothing department under Carr, which has been renamed the Public Integrity Unit and put in the hands of John Chase. Rosen also circulated a memo that bars blanket challenges on judges—a pointed (and entirely symbolic) gesture referencing one of his predecessor’s most controversial ploys.

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Will Changes in DA’s Office Mean an End to Medical Pot Club Raids?

An investigator from the district attorney’s office who has been spearheading recent raids on local medical marijuana dispensaries says every pot club in Santa Clara County is operating outside the law. Dean Ackemann, who has been responsible for obtaining search warrants for the task force that has been conducting armed raids in recent months, said that in his opinion every dispensary in the county should be shut down. “The search warrants and the investigations are not going to stop,” Ackemann vowed.
But he may be wrong

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Jay Boyarsky: Boyo Wonder

They’re calling him “RF Jay” at the district attorney’s office after a newspaper columnist compared him to late Attorney General Robert F. Kennedy. And deposed DA Dolores Carr probably wishes she hadn’t demoted the office’s newly named chief assistant, Jay Boyarsky, back in 2007. That move ultimately wound up costing her her job. Oops….

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MACSA Search Warrant Released

The warrant issued for the Oct. 14 raid on the Mexican American Community Services Agency (MACSA) reveals that investigators believe Xavier Campos had first-hand knowledge of the diversion of employee pension funds at the group’s embattled charter high schools.

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Rosen’s Last Stand

In a small courtroom on the fifth floor of the Hall of Justice, Jeff Rosen made the final arguments of his last trial as a hands-on prosecutor on Tuesday. With thin fingers, he karate-chopped the air like a symphony conductor cueing the string, brass and percussion sections, except the players here were three accused murderers. “The buyer, the middleman, the hit man,” he called them.

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A Letter from District Attorney Dolores Carr

This is to correct and clarify several points contained in your article “SBLC Helps Big Political Contributors Erase Their Tracks,” [Sept. 22]. Your article states: “Enforcement of city election laws falls on the Government Integrity Unit of the District Attorney’s Office.” That is inaccurate. Section 12.06.260, which prohibits contributions from card rooms to candidates or candidate controlled committees is found in the San Jose Municipal Code, Title 12. Enforcing violations of Title 12 fall within the jurisdiction of the City of San Jose and its Elections Commission. Title 12 lays out an entire regulatory framework for the investigation of Title 12 violations, including campaign contribution violations.

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Carr: No Respect

There were cheers and hugs in the District Attorney’s office on the Friday that Jeff Rosen’s victory over Dolores Carr was announced.

Rosen spent Monday and Tuesday walking from desk to desk shaking hands with everyone in the office, and leaving handwritten notes for those who were out. Since he’d been on leave for the campaign, Rosen wasn’t carrying his entry badge, so the DA-elect had to go to the office’s information desk and be issued a visitor’s badge.

When he returned on Tuesday, he didn’t have a county-issued parking spot, so he went in to get a placard and returned to a ticket on the dash. Rosen says he wants to talk to the officer who issued the ticket, not to ask for a break but because the timekeeper wasted no time in writing the summons.

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Let’s Try That Again: Rosen Unseats Carr

It’s official: it was determined Friday afternoon that Challenger Jeff Rosen defeated District Attorney Dolores Carr Tuesday in an upset victory by a previously unknown 15-year prosecutor.

At the close of Tuesday’s poll, Rosen held a 2,217-vote lead, but the County Registrar’s office determined Wednesday it would still have to count 77,000 provisional and mailed ballots to determine a victor.

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Jumping Jeff Flash

The big action of the night was downtown at Agenda, where a packed house celebrated Jeff Rosen’s thin lead in the District Attorney’s race.

Around 11pm, Rosen mercifully decided to cut up and pass out his victory cake, even though it would be a few hours or more before anyone could claim victory.

If Rosen pulled it out, and it looked like he would, it would become the first time in almost a century that a challenger had toppled an incumbent DA.

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Carr Wash

Over at District Attorney Dolores Carr’s re-election party at the Britannia Arms on Almaden, it was nearly impossible to distinguish Carr backers from the juiced-up Celtics-Lakers game watchers.

Waiters jostled through the crowd with pitchers and canapés while Carr’s husband, John, checked polls on an iPad.

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