Attorney in Lake Forest Case at Center of a Courthouse Brawl Wants DA Booted for Witness Intimidation

Defense attorneys want the Orange County District Attorney's Office removed from prosecuting a case against a man accused of taking part in a bar brawl, saying potential defense witnesses feel "intimidated" following a fracas at the Santa Ana courthouse involving a defense attorney and a prosecution investigator.

The case against Adrian Arellano Arroyo stems from a brawl outside Kolla's Night Club in Lake Forest about 2 a.m. Aug. 2, 2014. Another defendant, Humberto Peleaz, was convicted at trial while co-defendant Jose Pacheco is awaiting a preliminary hearing.

Defense attorney James Crawford, who recently won a new trial for a client in a murder case over allegations that prosecutors failed to turn over evidence about an informant, got into a fight with Orange County District Attorney investigator Dillon Alley on March 9. Crawford claims Alley beat him up, but some witnesses contend Crawford slapped Alley, prompting the investigator to retaliate, Crawford's attorney, Jerry Steering, told City News Service.

Crawford had been appointed to represent witness Berenice Gonzalez, who was going to testify for prosecutors under immunity in Arroyo's case.

Arroyo's attorney, Jeremy Dolnick, wrote in court papers that while Crawford was counseling his client, Alley "confronted and obstructed" the defense attorney.

"That confrontation resulted in Crawford being physically attacked by Alley in the public hallway, in front of defense witnesses Osiris Adame Rivera and Silvia Rivera, defendant Arroyo and defense investigator Abby Guardado," Dolnick said.

Dolnick also alleges that Alley instructed another prosecution witness, Reyna Santana, to "not cooperate with anyone unless they present a badge. Alley also instructed her not to comply with defense subpoenas."

Dolnick is seeking video surveillance footage and other evidence of the fight to use in his trial.

One witness invoked constitutional rights against self-incrimination after seeing the bloody courthouse brawl, attorneys said. That has prompted defense attorneys to also request immunity for their witnesses.

The defense also wants charges against Arroyo dropped due to the brawl.

"The Orange County District Attorney's Office has engaged in a pattern of intimidation and dissuasion of defense witnesses resulting in the denial of his 6th Amendment rights to the compulsory process of the court; the Orange County District Attorney's Office has engaged in a pattern of outrageous conduct violating his rights guaranteed through" due process, " defense attorneys argue in their motion.

A message left with Alley's attorney, Paul Meyer, was not immediately returned.

Spokeswomen for the District Attorney's Office said prosecutors were working on a response. Alley was ordered to appear in court for a hearing on the motions Friday morning.

City News Service