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ATTORNEY ANDREW GANZ SUSPENDED FROM BAR FOR PROSECUTORIAL MISCONDUCT
Justice may be blind, but she has very sophisticated listening devices. –Edgar Argo
San Francisco – San Francisco prosecutor Andrew Ganz has been found guilty of prosecutorial misconduct through “clear and convincing evidence,” the State Bar of California announced on Monday.
Specifically, Ganz is being sanctioned for suppressing evidence and misrepresenting it to the defense, violating the defendant’s constitutional rights, and not following California law when he hid evidence of the medical examiner’s opinions and statements in a 2014 homicide case in Vallejo, CA.
Most notably, these findings of prosecutorial misconduct mirror similar accusations Ganz is currently facing in another homicide case in SF, People vs. Carlos Arugeta.
Argueta’s attorney, San Francisco Public Defender Jeff Adachi, filed a motion to dismiss his client’s homicide case in September based on the actions of Ganz.
The motion stated that Ganz, who was prosecuting the case, omitted critical parts of the medical examiner’s opinion and changed the key eyewitness’ testimony before the grand jury, after the case was initially thrown out by a judge.
“His actions in this case reveal the same disregard for his duties as a prosecutor,” wrote Adachi in the motion, citing Ganz’ hearing in front of the State Bar.
“Ganz—a prosecutor sworn to uphold the truth—has now been caught influencing the testimony of a medical examiner and then lying about it,” said Adachi. “The State Bar recognized this and rightly found him guilty of abusing his position and subverting justice.”
This decision hopefully will serve as a notice to district attorney’s offices throughout the state, Adachi said.
The California State Bar has placed Ganz on probation for two years, suspension for 90 days, and a one-year stayed suspension.
“I hope that prosecutors everywhere will take note that they will be held accountable for falsifying or hiding evidence,” said Adachi. “We will no longer look the other way and allow those who are trusted to uphold the law corrupt our most sacred process—the right to a fair trial.”