Cal. Supreme Court Dissects Prosecutor's Relationship With Hollywood

Posted by Eriq Gardner

The opening statement of this opinion by the California Supreme Court states the issue best:

Does a prosecutor’s consulting with the makers of a major motion picture that is based on a criminal defendant’s story create a conflict sufficient to require recusal of the prosecutor when the defendant is finally brought to trial?  Here, the lead prosecutor, bent on tracking down the fugitive defendant in this capital case, gave his case files to a screenwriter/director to make a movie based on the defendant’s alleged life and crimes and consulted with the filmmakers during its subsequent production.

Jesse James Hollywood, a reputed drug dealer, was accused of participating in the kidnapping and murder of 15-year-old Nicholas “Nick” Markowitz. He was indicted but before he was tried, Hollywood escaped to Brazil.

Director Nick Cassavetes contacted Santa Barbara County Deputy District Attorney Ronald Zonen and told him that he wished to make a film called "Alpha Dog," based on the story. Zonen participated, "“in the hope that the publicity would result in Hollywood’s apprehension.” The film, starring Emile Hirsch, was released by Universal in January 2007.

After Hollywood was captured in 2005 and extradited from Brazil, he argued that the prosecutor's role in the film development of his story had tainted the proceedings.

The California Supreme Court calls Zonen's behavior "highly inappropriate and disturbing," but ultimately determines his recusal is not warranted.