The gloves are off as attorneys prepare to go to trial in a high-profile officer involved shooting case.
A former San Leandro police officer is facing voluntary manslaughter charges for shooting, and killing a man armed with a baseball bat.
While both sides prepare, Alameda County District Pamela Price is trying to remove the officer’s attorney from the case.
“We have reviewed that evidence carefully. And we believe we can prove beyond a reasonable doubt that officer, former officer, Jason Fletcher should be held accountable for voluntary manslaughter,” said Price.
Get a weekly recap of the latest San Francisco Bay Area housing news. Sign up for NBC Bay Area’s Housing Deconstructed newsletter.
She is pulling no punches as she prepares to prosecute the former San Leandro police officer.
Fletcher is facing charges for shooting and killing 33-year-old Steven Taylor inside a busy Walmart store.
The 40 second encounter was caught on body cam video and shows Taylor with a baseball bat in his hands when Fletcher fired.
Local
“It is so important that we hold officers accountable, and someone who has not done something that deserves to die, actually ends up dead,” said Price.
As the case moves to trial, Price has filed an unusual motion. She wants the officer’s high profile attorney Michael Rains and his firm removed from the case, claiming he illegally received inside information from a disgruntled prosecutor who was also a former client.
In a declaration filed by Rains’ former prosecutor, Butch Ford paints a picture of a DA team out to get Fletcher.
Ford claims another prosecutor told him, “if it were up to me, I would charge him with murder.”
“Mike Rains should no longer be on this prosecution. I mean defense because he illegally, improperly violated his oath as an attorney and took advantage of another client to gain," said Price.
“It’s desperate,” said Rains. “They want me off the case because they know they’re going to lose the case. Well, I remain on it, and they will.”
Rains calls the motion an act of desperation and claims the information the DA is referring to was taken from a formal complaint filed by Ford, and not obtained illegally.
“He provided that information to the counties, affirmative action officer in a written complaint filed there,” said Rains.
Rains says he thinks Price is simply afraid of losing and says he’s confident he’ll remain on the case and that Fletcher will be acquitted.
“There’s no expert who’s going to say an officer doesn’t have the right to defend himself on the imminent threat of a baseball bat,” he said.
“Why should anyone be afraid of Mike Rains? No. Again, Mr. Rains has a very inflated view of himself,” said Price. “We’re not doing this because we’re afraid of Mike Rains. We're doing this to protect the integrity of our prosecution and of the judicial system. Lawyers have to follow the rules. Mike Rains is no different. He is no exception.”
Both sides will return to court on Nov. 20.
