Cannedy

The People appeal from the trial court’s order granting defendant Gregory Allen Cannedy’s motion to recuse the Alameda County District Attorney’s Office (district attorney’s office) pursuant to Penal Code section 1424. They contend that the trial court abused its discretion in granting the order because there was insufficient evidence to support it, the court applied the incorrect legal standard, the order conflicts with established case law, and the court failed to consider less restrictive alternatives. We agree that the trial court erred in recusing the entire district attorney’s office and reverse.

FACTUAL BACKGROUND

In March 2007, the district attorney charged defendant, a former San Leandro police officer, with false imprisonment by violence and attempted sexual battery by restraint of Jane Doe Two (counts 1 and 2) and false imprisonment by violence, attempted sexual battery by restraint, and sexual battery of Jane Doe One (counts 3, 4, and 5). The incidents underlying the charges involved defendant’s allegedly making sexual advances and touching the victims inappropriately.

At some point, defendant learned that the district attorney intended to offer the…