Misleading Campaign Ads

In his campaign literature, district attorney candidate Ron Bamieh has falsely bragged, “I have never lost a felony trial.” In a TV advertisement shown repeatedly on CNN, MSNBC and FOX, ex-state Sen. Cathie Wright is heard to say, “In over 60 cases, he has never lost a felony trial.” Mr. Bamieh changed the number of completed trials in his written literature to “tried over 46 cases to verdict,” which also misrepresents his record.

In that same TV commercial, Mr. Bamieh is quoted as saying, “We’re in the truth business; that is what we want from law enforcement.” OK, Ron, let’s set forth some truths. Mr. Bamieh’s trial record is available from the district attorney’s office through the Public Records Act (Calif. Gov. Code 6251, et. seq.) Here is what the record shows:

* Three misdemeanor court trials: three not-guilty verdicts. (In a court trial, the judge decides the issue of guilt.)

* Seventeen misdemeanor jury trials: five not-guilty verdicts, 11 guilty verdicts, one case dismissed by the judge at the request of the defense.

* Three felony court trials: three guilty verdicts.

* Thirteen felony jury trials: 12 guilty verdicts, one hung jury, with the case dismissed by the judge.

* Five trials that were begun but not completed: one mistrial later dismissed on motion of Mr. Bamieh’s; two cases in which the defendant pleaded guilty before conclusion of trial; two cases in which Mr. Bamieh started the trial but they were not concluded to a verdict.

Mr. Bamieh’s TV ad clearly implies that he tried more than 60 felony cases. Even if you include the five trials that were not completed, he has tried only 19 felony cases, and only 41 cases total. In his campaign literature he claims to have “tried over 46 trials to verdict.” His record from the district attorney’s office, which he was given an opportunity to correct before the office responded to the Public Records Act request, shows only 34 trials in which a verdict was returned.

As to his felony trial record, Mr. Bamieh tried Kenneth Williams for false imprisonment, a felony, in 1995. The jury hung, and the court dismissed the case. That’s a loss; charges were filed against the defendant, he was not convicted, and he went free. When you combine felony and misdemeanor cases that went to verdict or were dismissed by the judge, both court and jury trials, his record is 72% (26 out of 36). This is not an impressive record for a prosecutor.

It’s time to set the record straight. Mr. Bamieh has been spending tens of thousands of dollars on misleading advertising. Curiously, Mr. Bamieh did not make these claims in his election ballot statement. That must be because he knows he could be sued for making false statements in a ballot statement. His campaign lies demonstrate that he is not in the “truth business.” Anyone willing to lie and distort his record to become district attorney is unfit for that office.

Donald C. Glynn

Retired Senior Deputy

District Attorney

Westlake Village