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People v. Martin9/14/1982
riminal, and Brown's were (by his own admission) merely unethical, there can be no conspiracy.
Brown's argument is easily answered by Lorenson, supra, 35 Cal. 2d 49, 59, and in other cases construing the meaning of "conspiracy to obstruct justice" as defined in section 182. The Lorenson court said that "obstruction of justice" was "anything done by a person in hindering or obstructing an officer in the performance of his official obligations." This includes what Brown characterizes the art of persuasion, at least as practiced by him.
As for the actions of Judge Martin, the trial court correctly determined that they amounted to obstruction of justice within the meaning of section 182. In the trial court's words, "We have an entire series of cases where without the concurrence or knowledge or consent or the opportunity
to present evidence, or the opportunity to say, 'No, I won't go along with that,' or the opportunity to just bitch and moan, cases are reduced, priors are stricken.
"And in the last two days of the Martin regime, with fantastic boldness.
"Mr. Brown and Judge Martin walked into chambers through the common hallway with the bailiff, and all of a sudden start dismissing cases.
"Now, I can't give you a comprehensive definition of what an obstruction of justice is. At the minimum, it is and includes the deliberate, systematic exclusion of one party to the criminal justice system of participating, if he wishes, in decision making."
The trial court found that this "deliberate, systematic exclusion" was the result of an agreement between Martin and Brown. Under Lorenson and cases which followed, this is a conspiracy to obstruct justice, despite Brown's argument to the contrary.
The judgments of conviction are affirmed.
Disposition
The judgments of conviction are affirmed.
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