Fladager, Mayne square off on murder case backlogs, gangs and more in DA forum

Stanislaus County District Attorney Birgit Fladager and her challenger, Deputy District Attorney John R. Mayne, faced off Tuesday evening in a candidate forum hosted by the League of Women Voters of Stanislaus County.

The candidates each addressed the backlog of murder cases clogging Stanislaus Superior Court. An analysis done by The Modesto Bee in September 2015 found 108 pending murder cases in Stanislaus County, about three times the per-capita average rate in counties of any size.

Fladager said there has been a more concerted and collaborative effort tackling this issue, including judges applying more pressure — when they can — on prosecutors and defense attorneys to move cases along. She said a vast majority of criminal cases are resolved in 90 to 120 days.

“We have currently about 75 open murder cases, and this is a lot.” Fladager said. “But it is down substantially from where it was two or three years ago.”

Mayne said Fladager’s office settled a huge number of cases, including one defendant facing 40 years to life who received a plea-deal with a three-year prison sentence. He said either the defendant shouldn’t have been prosecuted at all, or the prosecution “sold out” the case.

“When you’re settling all these cases, that’s not always the solution,” Mayne said. “The other thing is the initial statement by the incumbent was that this was entirely a judicial problem, and not a problem that could be solved by the District Attorney’s Office.”

Adjusted for population, murder cases here remain twice as high as the statewide average, according to data gathered from 50 of California’s 58 counties in an analysis conducted by The Bee last year. Old Stanislaus murder cases, which have waited five years or more for trial, continue stacking up at a rate triple the statewide average.

Mayne says he would create a major crimes unit, focusing experienced prosecutors on homicide cases. Fladager said the murder case backlog will continue to decrease, since severe county budget cuts are in the past and there are more prosecutors and public defenders to handle this heavy workload.

Fladager is seeking her fourth term, and is trying to fight off a challenge from within her own office. She says she has the on-the-job experience to manage nearly 150 employees, including about 50 prosecutors; experience her opponent doesn’t have.

Mayne, who is seeking public office for the first time, has worked as a prosecutor in Stanislaus County for nearly 18 years. He says his boss’ leadership has led to departure of many experienced prosecutors, and he can bring the stability the office needs.

At the candidate forum, Mayne said Fladager’s handling of the gang injunction in south Modesto violated due process rights and curbed its enforcement. He said suspected gang members were arrested for violating the injunction before they were allowed to legally challenge prosecutors adding their names to the injunction.

“Wow, the appellate court didn’t think much of that. That’s clearly illegal,” Mayne said. “The gang injunction is functional if it follows the law, and we do it right and act fairly toward those people who are subject to it.”

Fladager said the gang injunction — implemented in the summer of 2009 — followed all the case law in effect at the time and was effective. She said gang crime and graffiti dropped substantially, and she would re-implement the injunction once her office receives clear legal guidance.

“The people there appreciated having it, because of the effect it had on their community to make it safer,” Fladager said.

Fladager fought off three challengers in the June primary election, receiving 48 percent of the vote. Since she failed to garner more than 50 percent of the vote, Fladager faces Mayne in a runoff on Nov. 6.

Though she had a 26-point lead over Mayne in the June election, combined the three challengers earned more votes than she did.

The candidates also addressed the recently approved law that will end the state’s cash bail system in October 2019. Most suspects charged with nonviolent felonies will be quickly released, while those charged with serious, violent felonies will stay in jail before trial. Judges will determine the likelihood of defendants returning to court and the risk to the public.

Fladager said there is a concern that ending cash bail could result in more incarcerated defendants awaiting trial. She said the county’s Probation Department will be responsible for an initial threat assessment at the jail. Attorneys then can argue over the issue during an arraignment hearing, and she said prosecutors can make sure defendants accused of domestic violence or stalking remain in jail.

“But there are, as I said, efforts underway to get it implemented and to do it right,” Fladager said.

Mayne said he thinks the change should have been done incrementally, instead of destroying the bail system all at once. He said he wants to make sure a prosecutor will attend every arraignment to ensure defendants who pose a danger stay behind bars.

“The new bail system may work or may not, Mayne said. “But the district attorney’s office is a critical part in making sure that it works as best it can.”