‘Blind Quest to Convict’ Leads to Reversal of Molestation Verdicts

The convictions of seven Kern County defendants who received the longest combined prison sentences for child molestation in California history have been overturned by an appellate court that accused the prosecutor of “a blind quest to convict.”

The defendants, who were convicted in 1985, are serving prison sentences ranging from 285 to 405 years each. They had been accused of numerous acts of molestation, forcing victims to take drugs and filming sexual acts. Some of the charges involved their own children.

While the case was overturned, the court’s decision did not rule on the guilt or innocence of the defendants, who are serving combined prison terms of more than 2,600 years.

“We still think that the record demonstrates that all the defendants are guilty,” said Deputy Atty. Gen. Tom Gede. “And the district attorney certainly has the option of retrying the case.”

The 5th District Court of Appeal’s decision Wednesday was highly critical of former Kern County Deputy Dist. Atty. Andrew Gindes, calling him “an overzealous prosecutor who, in his blind quest to convict, forgot or ignored his constitutional and ethical duties as a representative of the people.” The appellate brief criticized Gindes for frequently trying to introduce inadmissible evidence or prejudice the jury. Superior Court Judge Gary T. Friedman was accused of being “one-sided” for favoring the prosecution in many rulings.

“This was a case of an overzealous prosecutor turning the trial into a kind of witch hunt,” said Laurance Smith, who represented one of the defendants. “And the judge never put a halt to any of these antics.”

The attorney general has 60 days to appeal the decision to the state Supreme Court. No decision has been made yet, Gede said.

Defense attorneys say they are optimistic that another trial would prove their clients’ innocence. Three of the seven children who testified against the defendants later recanted their testimony. In a separate court action, a Superior Court judge held a hearing several months ago on the issue of whether to retry the case. A decision is pending.