Merritt

Procedural History

On March 8, 1991, a 32-count complaint was filed against respondent, Kevin Merritt, by the Los Angeles County District Attorney’s office. Contained in the complaint were counts involving allegations of grand theft of real and personal property, procuring or offering a false or forged instrument for recordation, fraud or unfair dealing by a foreclosure consultant, and fraud or unfair dealing by a home equity purchaser. There were also a number of allegations that the property taken had a value exceeding $100,000.

Prior to the preliminary hearing, respondent filed a motion to dismiss for prosecutorial misconduct. The motion was based upon the alleged conduct of District Attorney Investigator Joseph Kay. An evidentiary hearing was conducted with respect to the motion. After a lengthy hearing process incorporating numerous delays, the motion to dismiss was denied without prejudice.

Based upon the evidence at the motion to dismiss, respondent moved to recuse the Los Angeles County District Attorney’s office. The motion was granted, and the Attorney General’s office was directed to assume prosecution of the case. The Attorney General filed a timely notice…