State Bar Recommends One Year Suspension For OC Prosecutor

A judge for the State Bar of California is recommending Deputy District Attorney Sandra Lee Nassar be suspended from practicing law for one year, for failing to turn over evidence to defense attorneys in a 2011 child abuse case.

With the aid of jail deputies, Nassar secretly collected two inmates’ mail for more than two years without the knowledge of the inmates, Carmen William Iacullo II and Lori Pincus, or their attorneys, according to the judge’s decision.

Among the more than 1,000 pages of material Nassar intercepted was a letter in which Pincus said she wasn’t physically present to witness Iacullo’s crimes, in contradiction with a statement that Nassar later had Pincus sign.

“This court found deeply disturbing Respondent’s testimony that she would engage in the same conduct again,” wrote Judge Yvette D.  Roland in her decision. “In her capacity as a prosecutor, Respondent’s lack of insight on this subject represents a tremendous threat of future harm to the public and the administration of justice.”

Iacullo pleaded guilty in 2014 to a single felony count of corporal injury to a child for allegedly beating, burning and stabbing a five-year-old child, Pincus’s son, and was sentenced to 12 years in prison.

Pincus, meanwhile, was sentenced to two years for allow the abuse to continue and covering up for her boyfriend. She received a plea deal in exchange for testifying against Iacullo.

According to the judge’s decision, it was not until Nassar rotated out of the Family Protection Unit and another DA’s prosecutor took over the case that the letters were turned over to defense attorneys.

Superior Court Judge Thomas Goethals recused Nassar from the case.

“Ignorance of the law for an experienced prosecutor for engaging in Brady misconduct is not a reasonable excuse either. That was a willful violation,” Goethals said.

Prosecutors are required to turn over any evidence that could aid the defense under a 1963 Supreme Court Case known as Brady v. Maryland.

Michelle Van Der Linden, spokesman for the DA’s Office, said the office is reviewing the decision.

“DDA Nassar will be making a decision whether to appeal the ruling within the next 30 days.  Meantime, her license and ability to practice law remain intact,” Van Der Linden said in a written statement.

The judge’s decision will now go to the State Supreme Court, which will decide whether or not to suspend Nassar.

Contact Thy Vo at tvo@voiceofoc.org or follow her on Twitter @thyanhvo.

  • frustrated

    “One more time, he has shown us that he is undeserving of the leadership of our great nation,” the statement read.

  • frustrated

    “In America, we don’t worship government, we worship God.” Trump told the Heritage Foundation. –
    No, You worship an invisible man.

    “My father whom you call God is an invisible spirit that cannot be seen by human eyes, no man has ever seen God”. – Jesus Christ (The SON of God.)

    He said this to Pontius Pilate Prefect Roman Governor.

  • frustrated

    And the State Bar Court told me that my accusations against an attorney that took me for 14 years of salary had no merit and they would not investigate after I made a complaint.

  • verifiedsane

    I believe this article is missing the forest through the trees…The DA’s office is corrupt to it’s very core…a one year license suspension for a cheating prosecutor is ridiculous…no one should be allowed to practice law who has been found to be withholding evidence, lying, & cheating. Nassar and the rest of the DA office criminals masquerading as prosecutors & public servants; should at a minimum be banned from the courtroom for life, if not serve prison/jail time. Our entire legal system has become little more than a self serving cronyism ponzi scheme. When the citizenry is without access to a fair and equal justice system; then we are all doomed to suffer the untenable inevitable consequences as a greater society and nation.

    • LFOldTimer

      So true.

      Think about what would happen to the state licenses of other professionals if they did the following:

      A CPA cheating the government out of tax revenue.

      A medical doctor selling controlled substances to junkies from his office.

      A civil engineer violating safety code by approving shoddy construction design to pad the profits.

      Insurance agents overcharging clients for policies and pocketing the difference.

      Auto repair business charging customers for bogus repairs.

      A security investment broker engaging in insider trading to drive ROI.

      I can’t think of a position that demands more integrity, character and a devotion to the public trust than someone holding a state license who has the power to throw people in jail and keep them there for years or even a lifetime.

      • justanon

        “I can’t think of a position that demands more integrity, character and a devotion to the public trust”

        How about POTUS, someone who holds our very existence in his hands?

        We ALL KNOW how low a bar you set for that position, hypocrite.

        UNFVCKINGBELIEVABLE!!!!!

        • verifiedsane

          IGNORED as usual

          • justanon

            Yeah, “ignored” lol!

            LFOldTimer responded to me 4 times and you’ve responded 5 times. I guess that counts as “ignored” in up-is-down world.

          • verifiedsane

            IGNORED is not a response….simply a statement directed as a warning to other readers

          • justanon

            Yes, in up-is-down world, calling attention to a comment makes it less likely to be read, lol.

            You really are delusional.

            See a shrink.

        • LFOldTimer

          What crime has Trump committed, you fool?

          And don’t make s%$^ up.

          • justanon

            Your words were: “a position that demands more integrity, character and a devotion to the public trust”.

            On integrity:

            trump tells on average FIVE PROVABLE LIES a day.

            On character:

            trump never takes responsibility, instead always blames underlings. Is using the Presidency to enrich himself. Insults and threatens people almost daily, in fact just today he threatened a terminally ill war hero. He’s a con-man who paid out $25 MILLION for defrauding students of his ‘university’.
            There’s just too much… books will be written on trump’s lack of “character”, but I’ll wrap it up by saying he’s a crass, lazy, whiner.

            On a devotion to the public trust:

            In November Mike Pence the head of trump’s transition team received a letter from Rep. Elijah Cummings, the ranking member of the House Committee on Oversight and Government Reform, requesting more information about the potential conflicts of interest posed by Flynn’s lobbying work after it was reported that Flynn had been hired to lobby for Turkish interests, trump hired him anyway.
            Then Sally Yates told the White House six days into Trump’s administration that Flynn, a former military intelligence chief, had been compromised by the Russians. trump fired Sally Yates and left Flynn in place as NATIONAL SECURITY ADVISOR for 18 days!
            The White House had numerous warnings about Flynn, both before Trump appointed him and during the 24 days he worked in one of the most sensitive roles in the president’s inner circle. That’s an outrageous breach of “the public trust”.

            And I could document plenty of others.

            As for trump’s “crimes”, we KNOW he fired Comey for obstruction, trump admitted as much in his interview with Lester Holt:

            “And in fact when I decided to just do it, I said to myself, I said ‘you know, this Russia thing with Trump and Russia is a made-up story, it’s an excuse by the Democrats for having lost an election that they should have won’.”

            Time will tell with his other crimes (money laundering, collusion) but there isn’t ANY DOUBT that trump is intellectually, temperamentally and morally UNFIT for office!!!!!!!

          • LFOldTimer

            Get over your Trump hate.

            It’s going to ruin your health.

          • justanon

            “The Trump-Russian collusion hoax has already been put to bed”

            Is that what they’re telling you on your right-wing hate sites???
            Ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, …oh brother, you chumps really do fall for anything!

            Priceless!!!!

          • LFOldTimer

            Get over your Trump-hate and stop making stuff up. It’ll give you ulcers.

            Stock market at all-time highs!

            WINNING!!!

          • justanon

            Yeah, the stock market hit “all time highs” under Obama too.

            I bet you thought that was “WINNING!!!” too or did you consider that “fake news” old hateful, racist, hypocrite?

          • LFOldTimer

            Obama’s stock market was fueled by quantitative easing – or the government giving trillions of free dollars to the banks.

            Trump’s stock market is fueled by by a savvy President who is lifting restrictions on business, providing incentives for companies to grow the economy and bringing business back to America!

            IOW’s Trump is making America Great Again!

            Get over your butthurt. Crooked Hillary lost.

            Btw, did you know that the Senate Judiciary has opened up an investigation on millions that were paid by the Russians to the the Clintons, via the Clinton Foundation Fund, with regard to the Uranium One deal in which 20% of the United State’s uranium rights to turned over to the Russians while Crooked Hillary served as Secretary of State!
            LOL!!!

            LOCK HER UP!!!!

            Read all about it and weep!!!

            http://www.zerohedge.com/news/2017-10-17/fbi-uncovered-russian-nuclear-bribery-plot-obama-approved-uranium-one-deal-netting-c

          • justanon

            “Obama’s stock market was fueled by quantitative easing – or the government giving trillions of free dollars to the banks.”

            Oh, please NOTHING HAS CHANGED FOOL!!!!!

            Yeah, trump is making amerika great if you want AMERICA to be a poisonous cesspool of corruption, bigotry, misogyny, and ignorance.

            trump is only sowing chaos and division, but you old hateful, racists get off on that don’t you?

            Get over Hillary, those conspiracy theories are just chump-bait thrown out by your right-wing nut sites to distract you idiots from paying attention to the giant stick trump is shoving up your *sses. Didn’t your Seth Rich wet dream teach you anything?

            Sheesh, you’re a regular Charlie Brown with the football, lol!

          • LFOldTimer

            More ignorant and uninformed palaver from the cheap seats. lol.

            Go take a chill pill.

          • justanon

            You’re the one who believes things that aren’t true, any facts or information that are contrary to your ‘beliefs’ you stick-your-fingers-in-your-ears and scream “FAKE NEWS”!

            The last couple of days should have opened your eyes to what a shallow, narcissistic, inappropriate, LYING pig donald j trump is. The fact that you’re still defending him is proof of just how perverted your world view is.

            You were so ‘concerned’ about Benghazi, why aren’t you demanding to KNOW what happened in Niger???

            As a veteran you should be embarrassed to still be defending the creep-in-chief.

          • LFOldTimer

            Trump didn’t send our troops in Niger. Nobel Peace Prize winner Obama started that!!! lol.

            I have no idea what was said between Trump and the parent of the deceased soldier during the phone conversation. Neither do you. I’m surprised that nobody accused Trump of conspiring with Russia to cause Hurricanes Harvey and Maria. We have hard proof of what happened in Benghazi. Email evidence. Hillary and Susan Rice told the world that it was a spontaneous uprising caused by an amateur Hollyweird film maker who incited the Muslims to riot. Both lied. Proven lies. Prior to making those statements Hillary sent emails to her daughter and to others reporting that it was a terrorist attack on the US Embassy in Benghazi (that had nothing to do with the film). Those are the FACTS whether you have the integrity to acknowledge them or not.

            Anybody who joins the military knows that signing on the dotted line means that Uncle Sam owns you for the duration of your enlistment. Most jobs in the military are not fraught with danger. In fact, very few are. But the purpose of the military is to fight the enemy. Everybody knows that when they sign up. Death or dismemberment is always a possibility. I know it’s hard for some people to accept that truth. Humans generally don’t like to hear the truth.

            Trump is the most straightforward and direct President that we’ve had in my lifetime. He tells it like it is. And it’s incredibly refreshing. Finally we have a human in the White House and not another automaton for the dirty establishment.

            Crooked Hillary and her lecher husband Bill have committed so many crimes they should go to prison for life. The dirty establishment covered for them (Comey, et. al.) and gave them a pass.

            Bill is a real dirtbag. Did you see him leering at Ivanka at Trump’s inauguration? I almost threw up in my mouth. What a filthy pig. He makes Harvey Weinstein look like a Franciscan monk.

          • justanon

            Since my previous comment seems to have been scuttled, I’ll try again. Our current POTUS’s predilections seem to trigger the censors.

            On Niger: Nice try, but trump’s been POTUS for NINE EFFING MONTHS!!! You CAN’T blame Obama or Hillary for this one, this is ALL ON trump!

            trump has told NUMEROUS PROVABLE LIES about his and his predecessor’s dealings with Gold Star families, as a ‘veteran’ you SHOULD be appalled, but you CHOOSE to defend ol’ bone spurs trump over REAL patriots, because …… ???

            What you call “straightforward and direct” MOST people call gross, crass, ignorant and offensive, but again, way to set a low bar. You know if Obama had done anything like trump has done you would’ve been apoplectic, but being the HUGE HYPOCRITICAL A-HOLE that you are, you will never admit it.

            Benghazi was investigated up the whazoo and the Republican witch hunt came up with bupkis …. get over it.

            I wouldn’t bring up Bill and Ivanka when DADDY Donald has admitted to LUSTING after his own daughter, did you see his hands all over her at the convention????

            Furthermore, trump has been accused by multiple women of assault/harassment and has admitted to PEEPING on teenage girls.

            He is the grossest, most inappropriate creep ever to inhabit the White House and he’s terrible on policy as well!!!

            At least Bill was smart and COMPETENT, trump brings NOTHING BUT CHAOS to the Presidency.

            He’s a disaster on EVERY level.

            HE IS PURE POISON!

          • frustrated

            “In America, we don’t worship government, we worship God.” Trump told the Heritage Foundation. – Trump

            No, You worship an invisible man.

            “My father whom you call God is an invisible spirit that cannot be seen by human eyes, no man has ever seen God”. – Jesus Christ (The SON of God.)

            He said this to Pontius Pilate Prefect Roman Governor.

          • verifiedsane

            Another far Left secularist is gracing VoOC with their Trump derangement syndrome emperors new clothing wears…what a sad group of misguided misfits that these pathetic blame peddlers are…do they not realize how unhinged and silly they appear when they associate every issue or problem to be all about President Trump?

  • frustrated

    “Selective enforcement will be your downfall”.

  • frustrated

    “Come down hard on weasel T- Rack!”

  • LFOldTimer

    So why was DDA Nassar singled out and punished for withholding material evidence from the defense but the prosecutors who conspired to withhold material evidence in the Dekraai case or in the 6 (or more) other criminal cases where convictions were specifically overturned due to a failure to disclose material evidence not held to the same standard?

    Did DDA Nassar step on the wrong political toes in the system? Is there an investigative reporter in the audience who cares to give us ‘the rest of the story’ here? Certainly there must be one.

    Did the media bother contacting DDA Nassar for her side to the story? Or did they gag her?

    There is nothing as unamerican as selective enforcement of the rules.

    • justanon

      How do you KNOW that they aren’t reviewing the attorney’s in the Dekraai case? This case dates back to 2011, the Dekraai case just ended.

      You should stop and THINK BEFORE you shoot off your mouth.

      • LFOldTimer

        I see your foot has returned to your mouth again.

        We’ve seen the evidence reported in the media. Tons of articles have been published. 30 experienced attorneys (some former prosecutors) wrote a 30 paged report to the USAG outlining the evidence. At least 6 convictions were overturned due to material exculpatory evidence in the informant cases being withheld from the defense attorneys. And Dekraai got life in prison as opposed to death due to the funny business on part of OCSD and the DA’s office.

        Judge Goethals removed the DA’s office from the Dekraai case – due to
        funny business – and the California Appellate Court upheld his ruling.

        The Dekraai case has been going on for SIX years, btw. The investigation didn’t just start yesterday. lol. Get into your time capsule and press ‘fast forward’.

        Have you been in hibernation all this time?

        I’m not aware of even one DDA being placed on administrative leave during this investigation. Have you? The Fed investigation has been going on for years. Results: Zero, Zilch, Nada. Connect the dots, Sherlock.

        Strange that DDA Nassar would get punished while not one OCSD or DA employee has been fired or had their licenses suspended.

        • justanon

          Your ignorance is only exceeded by your belligerence.

          Again, HOW DO YOU KNOW THAT THEY AREN’T REVIEWING THE ATTORNEY’S IN THIS CASE???

          You don’t. Just because nothing has happened yet, doesn’t mean these attorneys aren’t being investigated for misconduct.

          But by all means, continue on smearing and impugning everyone based on NOTHING but your ignorant opinions.

          Get back to me when you have some FACTS to back up your allegations.

          • LFOldTimer

            “Your ignorance is only exceeded by your belligerence.”

            Are you joking? You’re the Queen of both ignorance and belligerence.

            “Again, HOW DO YOU KNOW THAT THEY AREN’T REVIEWING THE ATTORNEY’S IN THIS CASE???”

            Hey Einstein – how long does an investigation take when the damning evidence has already been published in the media (from coast to coast) and in a letter to the USAG authored by 30 renown attorneys in criminal law??? 20 YEARS???? lol.

            Go read the California Appellate Court’s opinion and ruling on Dekraai that upheld Judge Goethal’s decision to remove the DA from that case. Duh?

            If a prosecuting attorney was under serious investigation for misconduct – like withholding exculpatory evidence in criminal cases that resulted in convictions that were later overturned – don’t you think he or she would be on administrative leave to safeguard the public from further damage until the matters were resolved?

            I know it’s hard for you to connect those dots. But hang with me. I’ll lead you through the fog.

          • justanon

            Yep, NO FACTS, but lots of ignorant opinion.

          • LFOldTimer

            Regardless, if a state prosecutor was under serious investigation of concealing exculpatory evidence from the defense he or she would at the very least be placed on admin leave until the investigation was complete. Do you think they’d allow a DDA under investigation to continue handling cases and put those in jeopardy too? In case you’re not aware (and it’s obvious you aren’t) integrity is supposed to be everything in a court of law. Once a cop or DDA is tainted – they’re tainted for life. It’s the gift that keeps on giving.

            The million dollar question is ‘Why hasn’t the State Bar taken any adverse actions against certain prosecutors who handled the Dekraai matter or the other cases that involved convictions being OVERTURNED due to the concealment of exculpatory evidence?

            And why did you suddenly turn into a boot licker for those sworn under oath to obey the law and defend the US Constitution when any moron could figure out that strict courtroom rules and procedures were broken?

            I guess I have higher expectations of sworn officials making six figure compensations than I do of the bad guys.

            Silly me.

          • justanon

            More words, still no facts.

            Why am I ” a boot licker” for wanting the facts before I go off half-cocked like you accusing the media and the State Bar of malfeasance? I’m not defending these attorneys.

            Again, you don’t know if these attorneys are being reviewed for misconduct, you’re just an old-fashioned …. hysteric.

            Get some smelling salts, old fool.

          • verifiedsane

            IGNORED

          • verifiedsane

            IGNORED 🙂

        • verifiedsane

          Responding to provocateurs who attack you or others without any rhyme nor reason is totally fruitless. If you happen to take the position that the earth was a round sphere in orbit around the sun; idiots like an unnamed anon would no doubt take the flat earth position, and claim the earth was the center of the universe while calling you names such as stupid, bigot, & racist. There is absolutely no discussion or debate to be had with these kinds of ignorant hate instigators.

      • verifiedsane

        justadiaperboy IGNORED as usual 🙂

    • David Zenger

      Seems somebody reported her to the Bar. So the question would be whether or not any complaints have been lodged against the other prosecutors.

      Of course no discipline from the Good As No DA, DA. Here in OC misbehavin’ DDAs get elected judges.

    • Shirley L. Grindle

      Great question – was wondering the same thing myself.

  • Maureen Blackmun

    ok,,,,burned, beat, and sexually abused a child; he should be put on death row with his complacent girlfriend. 12 years? you mean he’ll be out in 3 and the mom will probably never see a day in jail. And they are worried about them having mail kept???

    • RyanCantor

      They’re worried about the DA making an egregious legal error that could put a person like that back on the street. This has happened a half dozen times in the last five years, I believe.

      When the DA cheats, bad things happen. In this case, it’s pretty clear the DA doesn’t even care.