re: Discussions made in Judges Chambers btwn DA and PD not voiced in Court. Defendant right to privacy? Can DA share this?
I have a pending criminal case in court that has been languishing for over 19 months now. I am out on bail, it was my first arrest ever in 52 years, and it is just now possibly going into preliminary hearing next month.
Here's my brief situation, followed by my question (it's real tricky..so please follow closely):
1) My Public Defender had some plea discussions in the Judges Chambers with the DA and these discussions were not brought up in any of the open court proceedings.
2) I found out that the President of the Board of Directors (who is also a lawyer) for the Non-Profit Co-Op that I am an original member of
a) - contacted the Property Manager in retaliation to try and get some good cause to evict me(after I rightly spoke up at a board meeting and said he was an illegitimate Board Member due to the fact that he does not live on the Co-Op's site as he is suppose to to hold a directorship per the by-laws) and
b)she contacted their company's lawyer,
c)who then in turn contacted the DA in my criminal case; and related their discussion in an email (that was later published) to the Property Manager that said
d) " the DA told me that any plea deal would include the that "X" (my last name) would have to move out of "the name of the complex", but "X"'s PD said the he thought it unlikely that "X' would go for that kind of deal. The next preliminary hearing is in a couple of weeks and we should know then how the case will be going".
3rd and Final Fact: The Board voted in Jan 2011 to allow me to stay in my unit pending the outcome of my case, AND Directed the Property Management Company and Property Manager "to stay any further eviction proceedings until my case is over, and at that time they can check back with the Board to see if any further action will be necessary"
My Case is still ongoing and not over yet.
If the discussion in Chambers was never announced in any open court proceedings (and I was unaware of this particular discussion until I saw a copy of the lawyers email sent to the Property Manager that was published in the Boards Booklet for that month) then what is the rule regarding my right to privacy and the DA sharing private information (discussed between him and my PD in Chambers) with the Property Managers Company Lawyer, whom is under the directive above, but who went ahead and filed a court stamped eviction notice and had it - sent - and hand delivered to me - last weekend in retaliation for accusing the President of the Board of his illegitimacy, which I know to be factually true?
Is the DA allowed to discuss my case and plea deals that were only spoken about in Chambers with anyone he so chooses? Isn't this a violation to my Right to Privacy, and isn't this also a violation of some sort of Ethics Code with the Bar?
Could I also file a complaint with the BAR against the President of the Board - who is a lawyer - for initiating the property manager's lawyer to do an illegal contact and subsequent persecution directed at me to find out if there was a way to kick me out of my home because I dared to question his authority? Isn't this false persecution and retaliation against me some sort of Ethics Code violation that I can file a complaint with the BAR on?
I know, I know, WOW...what a messy and complicated case...it falls in so many grey areas that I'm unsure on what basis I can counteract these corrupt people and stop them from taking away my right to my unit that I've lived in for over 40 years. I have a telephone conference with a lawyer on this tomorrow, but wanted to see if I had grounds to move forward with a suit or suits to thold them accountable...can I?