Oct
03

Excerpts from Aubuchon response

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Aubuchon submitted a September 17th response to Ahler wherein she wrote the following:

Kale Baker. an investigator who has zero experience in criminal matters, is second-guessing my charging decisions. Early on in her interviews with me, it became obvious that Ms.Baker. a person who has also accused .¬† Judge Gary Donahoe of inappropriate conduct and has had her judgment questioned by a federal judge, had not been able to find any factual or ethical wrongdoing. As such, she began targeting the “bad judgment” angle and the very tone of those interviews was negative from there on out. Without the benefit of any real evidence to back it up. Ms. Baker made several statements indicating her belief that my actions were politically motivated rather than based on facts and evidence provided by law enforcement agencies. Desperate to achieve the ICA Romley administration’s goal of finding cause to fire me? Obviously. An expert on judgment? Hardly.

Leonard Ruiz, who is so risk adverse that he would take a case to trial only if it were videotaped and now claims my judgment is so bad it warrants termination. has obviously forgotten about the last evaluation I received from him (also Exceptional). Instead. Leonard has focused on the countless internal battles he has lost since then because he was scared of the targets and the political ramifications of going after them despite the mounting evidence against them. Bitter? Yes. An expert on judgment? Not quite.

Tony Novitsky. who can’t seem to make up his mind whether he wants to be married or not or who he wants to be married to for the months that he does want to be married. is not someone I look to for advice when it comes 10 judgment calls. But there he is, front and center in your investigation and an expert witness on what is good or bad judgment. Indecisive? Yes. An expert on judgment? Hardly.

Without question, judgment is subjective; an opinion. In many instances, there is no absolute right or wrong. However. you have inserted yourself into this process and. in a manner of a few months. have decided that my judgment is bad and now intend to fire me. You can’t find any procedural or ethical violations. but you’re going to fire me anyway because you think I have bad judgment. In and of itself, I think that is bad judgment on your part. Let me remind you that I have never had a no true bill from a grand jury. I have never had a Rule 20 granted at trial and I have never had a case reversed on appeal. Although I have lost some cases, there has never been a finding that there was a lack of sufficient evidence to go to the trier of fact. Not only did the County Attorney approve the decisions to pursue these cases. But experts ¬†such as Bob Barr agreed they were appropriate.

Just because I may be a tougher prosecutor than most doesn’t mean my judgment is bad. Being criticized by people for believing the death penalty is appropriate in 80% of cases where the person has been charged with First Degree murder does not mean I have bad judgment. It reflects only a different philosophy about punishment.

In conclusion, your findings arc unfounded and clearly an attack on the decisions of the prior administration. Especially now that we know ICA Romley’s administration will vacate the office in two months. second guessing the decisions of the prior administration that ICA Romley has openly criticized and worked against and, now in the eleventh hour, focusing your efforts on the discipline of a 20-year career prosecutor with an exemplary record who was complying with the decisions of her supervisors in that prior administration not only reeks of politics, but is totally absurd.

Categories : Criminal Law

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