What is it like to work for Maggie? Changes she has made since she took office and candid answers from our current DA on plea deals, Measure Z and more

I wanted to do an feature on the District Attorney’s office and the positive changes I have seen since DA Maggie Fleming took office in January.

I have known Maggie for a long time, before she became the DA and will be using her first name.

I have written about my observations about the DA’s office under the past administration and the changes I have seen in the last 6 months: For those who may have not read my blog since it started, here is a summary. 

In the first two months, the most obvious changes I saw was that Maggie was very visible and active on the second floor, from day one. She was overseeing cases, especially the high profile ones, mentoring all attorneys and reaching out very pro-actively to the other partners in the criminal justice system. I also saw Mr. Andrew Isaac mentoring other younger deputy district attorneys. It was very obvious from the beginning that Maggie’s team had the support of their boss and the younger and newer staff could rely on the more experienced attorneys.

The difference in the demeanor of the staff is obvious. They are happier, given the stress and workload of a very demanding job, for me to notice that says something.

It was very evident from day one that the balance in the courtroom was not lopsided towards defense, anymore. Some prosecutors always gave input, but under Maggie’s leadership, there is a consistency with all deputy district attorneys with the presentation and procedure in the courtroom. 

The following is what I asked Maggie. Her responses are in red.

Any changes you plan to make this year, especially with the Measure Z funding?

Measure Z funding is allowing us to return the office to what has previously been considered “full staff”.   Our recruitment for Deputy DA positions is currently ongoing. 

 These are changes I have observed since you took office:

Considering the backlog by the previous administration, you have done a fantastic job of getting those cases prosecuted, (Ferrer, Warren, Throckmorton are just some examples) while arraigning new cases immediately.

More prosecution wins in jury trials; even cases that had different results in the past (Throckmorton, Lee/Curry).

It seems that in addition to a CAST team (Ms. Bennett and Mr. Curtis), there are attorneys specializing in other types of cases (domestic violence seems to be Ms Neel). It seems the felonies and more serious cases are being handled by Ms. Neel, Mr. Rees and Ms. Pizzo, Mr. Isaac and Ms. Eads. The three new hires stepped in right away and have also handled jury trials within the first couple months (and won, the last so far applies to Mr. Trent Timm). Investigators are present with the deputy district attorneys on certain cases. 

I have now assigned 2 attorneys to CAST to cover its substantial caseload.  One specific benefit of this is if one CAST DDA is in trial we still have a deputy to cover preliminary hearings and CAST interviews. 

Kelly Neel is assigned to Domestic Violence along with DA Investigator Lynne Soderberg, who was hired specifically to deal with the Domestic Violence case load.

Felonies are handled by the two DDAs assigned to CAST, Zack Curtis and Brie Bennett as well as  Kelly Neel, Stacey Eads, Roger Rees, and Jackie Pizzo.

Investigators and victim witness advocates are involved in cases throughout the process.  Investigators directly assist with all trials (both felonies and misdemeanors).

Humboldt County has ten murder cases and eight vehicular manslaughter cases.  Specific attorneys, investigators and victim witness advocates are assigned these cases and work as a team from the point the case is filed by the DA’s office to sentencing.

I see releases being opposed, Cruz waivers being opposed, and prior criminal history being provided when OR or supervised release is requested. In some cases, the Judges may let someone be released but it seems the the DA's office is actively watching out for the public. You are only prosecuting one case: Warren. You are there for trial assignments, why is that?

By handling the trial assignment calendar I am able to review all the cases that may go to trial and make the final evaluation on whether or not a jury panel (approximately 70 members of the public) should be summoned for a particular case.  This also allows me to prioritize all the pending cases.  In some cases trials may need to get started to avoid witness issues that may arise if the case is continued. 

Plea deal are still a part of the process. You have been transparent about plea deals and very forthcoming when I have asked about these cases. What is the criteria? 

Before any plea negotiations (concerning either the charges or sentencing) a prosecutor must evaluate the facts of the case, the record of the person, public safety concerns and the victim’s input. 

How much leeway do deputy district attorneys have in making a deal without consulting with you?  

The terms of any plea offers are initially outlined as part of the charging decision and are then re-evaluated when the defense provides additional information or suggests alternatives to the position taken by the DA office.  Currently, if the case is a violent or serious felony deputy district attorneys must discuss cases with me or Wes Keat before a plea is entered.  This approach creates consistency and efficiency, in that the defense has no motivation to “shop” among prosecutors for plea deals.  It also insures that plea deals are made only by experienced prosecutors.  I anticipate that as DDAs gain experience and understanding of the Office’s approach to plea negotiation, less oversight will be needed. 

Will Mr. Andrew Isaac and Mr. Wes Keat be staying beyond this year?  I hope so.  Given our heavy caseload, their contributions to our capacity and efficiency remain critical.