Inside Story of Prosecutor Misconduct in the Anand Jon Trial
Prosecution Defied A Court Order and Intercepted a Juror
February 27, 2009
International News Services / Los Angeles
“I’ve never seen anything like this in my 25+ years
practicing law,” said Anand Jon defense attorney Leonard
Levine. One thing is clear from the Anand Jon hearing on February
27, 2009 in Department 102 of the LA Criminal Courts Building
in front of Honorable David S. Wesley, that Anand Jon did not
get a fair trial. It’s also clear that at least one or more
jurors contacted the defendant’s family more than once.
That alone, according to the law, demands a new trial.
The question is, were these jurors trying to do the right thing
since at least one admits during a special hearing that they wanted
to vote not guilty on all counts but other jurors were ganging
up in the jury room and pressuring some to vote against their
will. Or were they up to something malicious like extortion? Were
they reaching out to expose the lies and misconduct going on?
Regardless of the reasons, according to case law there has to
be a new trial.
[An important note: During deliberations in November, there was
a special hearing held regarding these same jurors. One juror
stated that others were ganging up in the jury room and pressuring
others to vote against. One of the jurors requested to speak with
the judge in private. What was going to be disclosed remains a
mystery as private conversations with the judge are not allowed.
As the deliberations dragged on, after 9 days the judge commented
that it “looks like we’re heading for a mistrial.”]
The recently filed defense motions are currently under seal.
However, pertinent clues to those motions were discussed in court.
It would appear that the motions focus on misconduct by the juror
and the prosecutor. “The motions are under seal and still
cannot be discussed at this time,” said Leonard Levine.
“We trust that the court will do the right thing by granting
these motions. We are enthusiastic for a new trial for Anand Jon,
a trial that will send an innocent man back home to his family.”
While Judge Wesley indicated that Anand Jon may get a new trial,
the staggering abuse of power and prosecutorial misconduct practically
demands not only a new trial but also the removal of the prosecution.
There is substantial case law that has obviously been violated
when the sanctity of the jury system itself has in any way, shape
or form been influenced, contaminated or compromised – it
automatically and immediately leads to a new trial.
“There is still a considerable amount of discovery that
needs to be uncovered,” commented defense attorney Ronald
Richards. On April 1, 2009 a full evidentiary hearing has been
scheduled. What we do know for now is that at least one or more
jurors were under surveillance and investigation with very suspicious
activity during the trial. Despite a formal court order the prosecutor’s
office intercepted a truth seeking process and intentionally sabotaged
"But for the District Attorneys blocking the door to justice…we
would have found out why the juror contacted [the defendant’s
sister]," Richards said at the news conference as reported
Defense attorneys Leonard Levine and (recently reinstated first
attorney) Ronald Richards indicated the magnitude of the calculated
move by the prosecution had essentially destroyed any chance of
a fair trial and the truth coming out. Mara McIlvain, the prime
character a majority of the misconduct seems to have repeatedly
stemmed from indicated the decision came in from supervisors above.
While this opens up a Pandora’s Box for the prosecution,
even top-of-command can be subpoenaed. (This would be another
unprecedented occurrence to have top district attorneys under
oath, scrutinized for breaking the law.)
Ronald Richard stated “The D.A.'s office thwarted the defense's
ability to get to the truth. We don't know how high up (in the
prosecutor's office) it goes.” (as reported by MSNBC)
"At this point, nobody is immune from being called to the
stand and explain what happened," said Judge Wesley [standing
up for justice being equal for all / no one is above the law]
as reported by MSNBC.
This would not be the first time Mara McIlvain has avoided any
repercussions and shrugged off serious responsibilities upon others
such as lead detective George Elwell of BHPD who was blamed entirely
for the shamelessly tainted investigation that included witness
coaxing, disappearing evidence, and destruction of exculpatory
materials, personal bias and even racism. Elwell, in turn, under
oath pointed fingers or at least tried to share the blame with
the prosecution who he claimed he had given everything to and
they in fact called the shots. In either case as the saying goes,
the prosecutor and their investigators are “two cheeks of
the same backside”.
The prosecution constantly and consistently lied to the courts,
to the media, and to the world that these are naïve helpless,
small-town girls, with no motives, and don’t know each other.
This is the furthest thing from the truth. Even a preliminary
overview of their disturbing lifestyle and pattern of behavior
shows the following: a history of extortion, illegal drugs, work
in the porn industry, past false allegations with other men, and
criminal records including theft. Some continue to work as escorts
and prostitutes to this day. Some of the girls got together tried
to sell media stories. Some hired civil attorneys together. The
prosecutors knew about all of this and kept it hidden. Prosecutors
actually encouraged perjury on the stand. Many of these instances
listed involved witness for the prosecution Holly Gavel. Many
articles and blogs during the trial focused on Holly Gavel as
the most severe and clear example of perjury that they had witnessed.
The prosecution and their press agents spent two years holding
massive press conferences all the while courting each individual
journalist. In light of these recent accusations of misconduct
they have no comments. This shows hypocrisy and double standard.
During the February 27th proceeding it was also brought up that
prosecution threatened one of the defense attorneys directly.
Did they also threaten the juror? (Note: the Dept 102 case immediately
following Anand Jon’s was thrown out due to prosecutor misconduct.)
Is there a pattern emerging in the LA District Attorney’s
office? Scare tactics. Intimidation. Manipulating defense attorneys
and witnesses. And now jurors? Did these prosecutors deny an official
court order? The court will be looking closer at the details of
Anand Jon has beaten 43 counts during this ordeal. The prosecution
painted him in the media as a serial rapist, however, in the end
they dropped over 50% of the charges against including all but
one rape count. That sole rape count produced a negative rap kit
result-there were no signs of trauma. Also important to note is
that Anand Jon passed a lie detector test regarding the testimony
from that same complaining witness.
Anand Jon’s uncle, Yesudas, the Frank Sinatra of India,
recently discussed his nephew’s situation in the Times of
“Everyone realizes that the charges against Jon are malicious,
false and fabricated. Most of the charges have been dropped. Yet,
he continues to languish in the prison. I am saddened that the
Indian community in the US has chosen to remain silent despite
knowing that he’s a victim of racism and professional jealousies.
Anand is a good boy,” he says.
Why does he think Anand is being targeted? “We all know
how quickly Jon shot to fame on the strength of sheer talent and
creativity. Just three days before he was incarcerated, he had
received a plum offer, which would have put him in the topmost
league. Obviously, there were people who couldn’t stomach
the kind of fame, adulation and money that was coming Anand’s
way,” he offers.
“I can’t question the justice system but my only
prayer is that the judgement is based on truth. I want nothing
to shake my faith in the basic goodness of human beings. If there
is a God, we’ll know it. I only hope we can have our politicians,
ministers, and the sizeable Indian community in the States rallying
behind Jon,” he pleads.
“I will wait for the truth to come out and for justice”
stated Anand Jon in court on Friday. This indication was spoken
by a truly innocent man who is facing and beating incredible adversity
and suffering with dignity while inspiring people of all colors
to unite against the blatant abuse of power. You or your loved
ones could be their next target. Demand a new trial for Anand