Santa Clara County District Attorney Jeff Rosen’s right-hand man won’t be punished yet if at all for “Flagrant misconduct” in the sentencing of a convicted sexual predator now that the California Supreme Court has agreed to hear the case.
The Supreme Court excepted the case after a court of appeal ruled that Chief Assistant District Attorney Jay Boyarsky engaged in a “pervasive pattern of misconduct”.
Ran the Palo Alto office
Boyarsky ran the DA’s North County office in Palo Alto for six years and is now the No. 2 in the DA’s office in San Jose.
He asked inappropriate questions and made improper arguments during the third psychiatric commitment hearing of Dariel Shazier, who was convicted in 1994 of performing sexual acts with teenage boys, a California appeals court ruled in December.
It was the second time Shazier’s sentencing had been reversed due to prosecutorial misconduct.
In his ruling, Judge Conrad Rushing blasted Boyarsky for asking jurors how they would tell friends, family and neighbors that they were responsible for freeing “a prolific child molester.”
Rosen told the Post (they won’t speak to us) that the state Attorneys General’s Office didn’t agree with the lower court’s ruling and decided to appeal to the higher court, which agreed in April to hear the case.
AG’s office fires back
The court of appeal “distorted the substantive standard for misconduct claims by ignoring material facts in order to infer the most damaging inference from the prosecutor’s comments,” Deputy Attorney General Bridget Billeter wrote in her petition to the Supreme Court.
The misconduct accusations against Boyarsky rose in 2010, shortly after Rosen was elected on a platform of tightening legal ethics in the office.
The Attorney General’s Office filed its final written argument on Aug.1 and the high court could rule within the next few months.