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 Blatant Breach of the Confidentiality of Cases & Clients Bruce Mirken's Attorney was Out of Town to Argue Case |
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Compiled By GayToday
Saying they were conducting a probation search of 76-year-old Robert Shreve, a client of Nickerson's who also manages the attorney's office, two probation officers and three San Carlos Police officers arrived at approximately 4:30 p.m. and searched the camper in which Shreve lives, next door to Nickerson's home and office in San Carlos. After seizing only one item, a videotape from a vacation Shreve took several years ago, the officers forced Shreve to accompany them to Nickerson's office. No one was there as Nickerson was in Sacramento conducting jury selection for Mirken's trial. According to Shreve's declaration, to be filed in San Mateo Superior Court July 6, the officers examined the computer at Shreve's work station, which contains "every legal file which Mr. Nickerson possesses including files, cross examination questions, notes and legal theories associated with the Sacramento case." The officers appeared to be searching for pornographic images and made "snide remarks," including asking Shreve if he was associated with NAMBLA, the North American Man-Boy Love Association.
In his own court declaration, to be filed with Shreve's in a move to bar further searches, Nickerson charged that the investigation of Shreve was simply a pretext to justify a search of the his own office, "and the real reason for the search was to harass and intimidate me and to violate my privacy and that of my clients." Nickerson called the police action "an outrage, because it violates the attorney-client privilege of my clients. It doesn't just violate my privacy, but all of theirs as well. "In order for a person to have fair representation he must be able to disclose to his attorney the innermost secrets of his conduct, and do that knowing that the authorities can never--I repeat, never--have access to that information. That's the absolute foundation of our system of justice." Mirken, whose trial on charges stemming from a Sacramento Police Department Internet sting resumes Tuesday, was equally upset but not surprised. "After a year of police outrages, nothing shocks me anymore," Mirken said. "This only redoubles my determination--and Mr. Nickerson's--to fight like hell until I am vindicated." Jury selection for Mirken's trial was completed June 30. Tellingly, prosecutor Perry Sims used one of his peremptory challenges to remove the potential juror who was most Internet-savvy, a Web site designer, and used another to eliminate the mother of a gay son from the panel. Proceedings resume at 8:30 a.m. Tuesday, July 6 in Department 35 in the Sacramento courthouse, located at 720 9th St. The first order of business will be a hearing regarding what evidence attorneys will be allowed to present to the jury. Opening statements are scheduled to begin at 10 a.m., although they could be delayed if the evidence hearing lasts longer than expected. |
