Troy Benson, a prosecutor in Santa Clara County, was publicly reproved in a closely watched discipline case in California arising out of an alleged failure to turn over key evidence to a defendent in a sexual abuse case. The opinion is below. The defense counsel at trial was the experienced and able Jonathan Arons (San Francisco). From the Oakland Tribune:
In a victory for an embattled Santa Clara County prosecutor accused of professional misconduct, a state bar court judge on Friday recommended he be allowed to continue practicing law.
But State Bar Court Judge Patrice McElroy found Troy Benson should face public reproval for one misstep -- failing to disclose evidence to the defendant in a child sex-abuse case.
McElroy's ruling was a defeat for the state agency that licenses California lawyers, which urged her to strip Benson on his right to practice law for two years, and a relief for the career prosecutor and his many supporters.
"I didn't do anything on purpose,'' Benson said in a brief phone interview after the opinion was released. "There was no intention to hide any evidence. Once I learned of the tape, I turned it over.''