VAN NUYS, Calif. – A Los Angeles County judge on Tuesday denied a motion for a retrial for a man whose attorney argued there were multiple serious failings by prior counsel. Prosecutors also asked for bail on appeal to be set at $500,000, despite the jury only convicting him of misdemeanors.
The man’s privately-appointed defense attorney, Rose Arfa, told the court that a videotaped interview exists in which the victim admitted to falsely accusing him of sexual abuse on three occasions. That video was never shown to the jury. “Everything she said was a lie,” Arfa said.
Arfa claimed the video was admissible and demonstrated the victim’s dishonesty. According to Arfa, the trial counsel did not even know the video existed. In it, the victim allegedly explained her motive for accusing the man and made other statements exonerating him.
Arfa argued that the trial counsel’s strategy had been to prove the victim’s motive for making the accusations. She said the court wrongly denied evidence that would have shown that motive, allowing prosecutors to argue the victim had no reason to lie. They “wiped out [his] defense,” Arfa said.
She also said prosecutors improperly called a police officer during rebuttal to testify about a fresh complaint. She argued such testimony is considered hearsay and that officers are only permitted to testify that a complaint was made, not its details.
Arfa further argued that there was “insufficient evidence to prove key elements” of several offenses. She said the victim’s age was improperly calculated for charges in which age was an element.
Finally, Arfa accused the judge of failing to read jury instructions concerning alternative charges for one event, and she faulted trial counsel for wrongly sending impeaching evidence to the prosecution in discovery.
She argued that these mistakes collectively proved ineffective assistance of counsel and that the man should either have his case dismissed or be granted a new trial.
Deputy City Attorney Jennifer Waxler and her co-counsel countered that the law cited in Arfa’s motion concerning the video only applies to newly produced evidence that was not discoverable at the time of trial. They said trial counsel signed a receipt of all discovery, which included the video.
Waxler and her co-counsel accused Arfa of mischaracterizing the victim’s statements as “lies,” saying instead that she had “recanted.” They said inconsistencies were discussed at trial and that trial counsel had the opportunity to question the victim during both direct and cross-examination.
They also argued the judge correctly excluded inadmissible evidence, and, even if it had been admitted, it would not have been “prejudicial or relevant.”
“Inconsistencies are not enough to grant a new trial,” Waxler and her co-counsel said, adding that the evidence still supported conviction. They said one social worker’s conclusion that false accusations were made did not constitute proof of false accusations.
The deputy city attorneys disputed the rest of Arfa’s claims, arguing the officer’s rebuttal testimony concerned prior consistent statements, that the judge read the proper jury instructions, and that any impeaching evidence disclosed to prosecutors would have emerged at trial anyway.
Arfa reiterated her argument, saying the deputy city attorneys’ statements strengthened her case for ineffective assistance of counsel.
Judge Adan Montalban denied the motion for a new trial, ruling the defense had not met its burden. He said he could not assess the trial counsel’s strategy without testimony or an affidavit from him and that there was not enough evidence of error.
Montalban, a former prosecutor accused of misconduct earlier in his career, showed skepticism toward the defense’s arguments throughout the hearing and appeared to favor the prosecution.
He said that during the trial, he had given defense counsel “multiple opportunities” to introduce evidence or take more time, but those opportunities were refused. Although he admitted the trial counsel did not do enough, he still denied the motion.
During sentencing, assistant city attorneys asked for the maximum penalty and for bail on appeal to be set at $500,000. “He deserves to be in jail,” Waxler said.
Arfa requested probation, noting the man’s minimal criminal history, the misdemeanor-level convictions, and his efforts at rehabilitation, including attending therapy, volunteering, taking classes, and caring for his two daughters. “He’s a person, not a monster that they want to make him out to be,” Arfa said.
Montalban said referring to the charges as “just misdemeanors” was offensive and sentenced the man to one year consecutive for each charge. He set bail on appeal at $100,000, and the man was remanded into custody pending payment.
“It is not over yet,” Arfa said. She plans to appeal.
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