Sacramento District Attorney candidate Noah Phillips is trying to defend himself against claims of prosecutorial misconduct in his last murder trial.
However, his old boss and current political opponent says he should not be allowed to delay hearings in this matter.
In a new, 37-page filing, the office of current D.A., Anne Marie Schubert, has asked a judge to deny Phillips’ request for a continuance.
Lawyers for now-convicted murderer and Hindu priest Raghua Sharma are asking for a new trial, claiming Phillip’s improperly offered a co-defendant a deal for a lesser charge based on previously agreed upon testimony during cross -examination.
They also say he then failed to disclose that deal to the other defendants as required by law.
Though his behavior is at the core of the claim, Philips is not technically a party to the motion for a new trial so – writing on behalf of Schubert – Deputy D.A., Dawn Bladet, says he has no standing to appear.
Bladet goes on to tell the judge that as a witness, Phillips has not responded to requests for information writing:
“Without input from Mr. Phillips, the People have no explanation as to why this cross-examination script was provided to defense counsel in advance of his client’s testimony. Likewise, we cannot address the concern that Mr. Phillips appears to have withheld the sharing of this document from counsel with the other three Defendants.”
The filing also says that Phillips wasn’t given permission by a supervisor to dismiss the special circumstances allegations against the defendant who got the deal, Tiwan Greenwade.
Greenwade was eventually convicted of manslaughter while the others on trial with him were found guilty of first degree murder.
When he decided to run for his boss’ job, Phillips and Schubert agreed he would step away from his duties as a Principal Criminal attorney in the D.A.’s office, except for the Sharma case which he would see through to the end.