JD asks Stacey Eads…
Is Adrian Kamada's account of why he was fired from the DA's Office accurate?
Mr. Kamada gives an account of being fired from the DA’s Office in his answer to the question titled “Experience.” That answer accuses the DA’s Office of mismanagement and of vindictively firing Mr. Kamada for trying to address issues related to that mismanagement. As the Assistant District Attorney, do you concede that his accusations are true? If not, what really happened?
— JD
Responses
Stacey Eads
Dear JD,
Lost Coast Outpost has filed a Public Records Act for the documents referred to by Mr. Kamada. After he signs his waiver of confidentiality with Humboldt County those documents will be released.
Thank you for your inquiry regarding this important issue.
Recruitment and retention of qualified, ethical prosecutors can be a challenge for a rural county such as Humboldt. The reality of lower pay relative to our cost of living & as compared to many other counties throughout the state (many graduate from law school with tremendous student loan debt), sense of being geographically isolated, and limited job opportunities for significant others are some of the challenges we face in recruiting qualified licensed attorneys. Moreover, prosecuting crime is a high demand, stressful job that exposes prosecutors to violence, tragedy— the ills of society—on a daily basis, all of which potentially takes a real toll on those doing the work. There are real risks—consider for a moment the potential impact of vicarious trauma: insomnia, anxiety, increased alcohol/substance use, deep sadness.…
Of course, there are many benefits and rewards with the work we do. Humboldt County offers many unique and amazing qualities and the Office maintains a supportive, team environment with many highly qualified, experienced, professional and ethical Deputy District Attorneys. When we have a new attorney join our team we want them to have those same qualities of ethics, professionalism and service—retention is desired. To make that happen we work hard to guide and teach through mentor and training opportunities. We invest in our prosecutors. Mentoring and teamwork never ends. We are always learning from each other. We work together to effectively manage cases, collaborate and share, always benefiting from each other’s unique perspectives, areas of expertise, and experiences. We do this all the while supporting each other as we face the inherent challenges of prosecuting crime, trying to make our community a safer place to liv & seeking justice. Retaining qualified, ethical prosecutors, is absolutely a top priority.
Prosecutors are appropriately held to the highest level of ethical standards. We prosecutors must protect the rights of crime victims and the accused. Decisions we make have a direct and immediate impact on the daily lives of others, sometimes entirely changing the trajectory of a person’s life. Without question, prosecutors must serve with integrity, always following the law. We must file charges that are provable in a court of law, not because we want to bolster bail schedules. We must disclose evidence to the defense. We must use good judgment and experience in evaluating our cases, including the credibility strengths and weaknesses of witnesses. We must seek the truth and be fair. Failure to do so fails us all.
For over 20 years I have ethically, professionally and successfully prosecuted crime. I have done this without fail while serving under the administration of three different District Attorneys. As your District Attorney, I will continue to serve with integrity and professionalism. My record proves I will seek justice in a fair and equitable manner—protecting the rights of crime victims and the accused, never losing sight of my utmost duty to protect the community I serve.
So, while we wait for Mr. Kamada’s decision on whether or not to sign the waiver, I encourage all to be critical of representations and use common sense.
To learn more about why I am the right choice to serve as your next District Attorney of Humboldt County, visit my website: staceyeads4da.com.
Sincerely,
Stacey Eads Assistant District Attorney Humboldt County
Stacey Eads
Dear JD and Community Members,
Since my original post regarding the question posed to me about Mr. Kamada’s being fired from the District Attorney’s Office an article by Ryan Burns, thoroughly addressing much of that, titled, in part, “Why was Adrian Kamada Fired From the DA’s Office?”, was published by Lost Coast Outpost on May 13. Additionally, the PRA released memorandums referenced in connection with Mr. Kamala’s termination are accessible via the article.
Rather than belabor all of that, this letter is in response to a recent “press release” from Mr. Kamada wherein continues to attempt to justify his failure to follow his (former) boss’s directive to not have “off the record” conversations with potential witnesses—an unethical practice for a prosecutor. The issue has already been covered ad nauseum. However, it is necessary to address his misinformation because when a rogue prosecutor chooses to not follow basic ethical rules there are real consequences and justice is not served.
The issue is not about knowing or interpreting the evidence code or some fine point of the law. The issue is that one cannot always forecast whether confidential information will be “material to the guilt or innocence of the defendant” and whether it will “deprive a defendant of a fair trial.” Of course one can always accurately make that determination after the fact or in some situations be highly confident no issues will arise – but it’s still a bad practice. Confidential conversations are a common element of investigations – but trial attorneys have a different job than law enforcement officers and DA investigators. Confidential conversations between trial attorneys and witnesses: have the potential to make prosecutors witnesses (in contradiction to California Model Rules of Professional Conduct Rule 3.7, which disapproves of attorneys acting as witnesses in their own cases) lead to case dismissals, and give the appearance of impropriety.
Patrick McGrath, Retired District Attorney of Yuba County wrote this: “It is unfortunate that Mike Galli has been drawn into this issue. I have taught with Mike for many years, and in fact was the technical advisor and also taught at the 2016 training Mr. Kamada referred to. While I don’t wish to be drawn into an election debate, I can state that the practice in District Attorney’s offices throughout the state is that individual prosecutors should not interview witnesses alone, and that any interview is required to be properly documented – even when the person at the time of the interview appears unimportant and unlikely to be called as a witness in court. Cases are dynamic, and the circumstances may change where that person now unexpectedly becomes a witness. As a retired career prosecutor who served 5 terms as an elected District Attorney, I find nothing improper about Ms. Fleming’s policy directives or judgement in this situation.”
Dan Dow, District Attorney of San Luis Obispo stated: “The elected District Attorney is responsible to supervise and ensure all of her deputy prosecutors follow the law, state bar ethics rules, and office policies so that justice is dispensed with fairness to both the accused and the victims of crime. No ethical prosecutor will have an ‘off the record’ conversation with a potential witness because it can lead to many bad results including delays or even possible dismissal of the criminal case. Exercising superb judgment in carrying out the duties of a prosecutor is not a luxury, but an essential requirement.”
Paul Sequeira, Chief Deputy District Attorney of Solano County (and previously special prosecutor in Humboldt County for the Warren double homicide) has previously said in a letter to the editor: “…he (Kamada) couldn’t follow its ethical guidelines. He believed it proper to have secret “off the record” conversations with homicide witnesses. Despite clear direction from the DA supported by published guidelines and the opinions of experienced prosecutors throughout the state [including myself, with 38 years of experience supervising hundreds of prosecutors] that this could have disastrous results including sanctions for ethical violations and dismissed cases, he continued to defend his conduct with implausible explanations.”
Ethical prosecutors do not have off-the-record conversations with potential witnesses. The end.
Sincerely,
Stacey Eads
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