Jan 7, 2025 Story by: Editor
SAN FRANCISCO (KGO) — Former San Francisco 49er Dana Stubblefield must wait several more weeks to learn if he will be released from prison.
On Friday, Stubblefield’s attorneys appeared in court seeking his release, but the hearing was postponed until January 17 as the court assessed jurisdiction over the case.
Last week, an appellate court overturned Stubblefield’s 2020 conviction for physically abusing a woman who had come to his home in 2015 for a babysitting job interview. The defense argued that critical police evidence was improperly excluded during the trial.
“The judge in this case allowed that the jury did not hear the truth,” stated Ken Rosenfeld, one of Stubblefield’s attorneys.
The appellate court ruled that the prosecution violated the Racial Justice Act, enacted in 2021 to prohibit convictions based on race, ethnicity, or national origin. The violation stemmed from the prosecution’s closing argument referencing Stubblefield’s race. Prosecutors said they avoided searching Stubblefield’s home for a gun because of potential backlash during the civil unrest following George Floyd’s murder.
“This was, even if not malicious, a violation of the Racial Justice Act by alluding to Mr. Stubblefield’s race without any legal justification,” explained legal analyst Steven Clark.
Stubblefield, who had been held at Corcoran State Prison, was recently transferred to Elmwood Correctional Facility in Santa Clara County. However, Friday’s court session raised questions about whether the Santa Clara County Courthouse, where the trial occurred, has the authority to grant his release.
The appellate court is expected to formally return the case to the trial court, a process necessary before further actions can proceed.
“Once the case is officially assigned back to this court, it will receive a new case number,” explained attorney Allen Sawyer. “The judge today questioned whether any action could be taken before that occurs.”
Meanwhile, Santa Clara County District Attorney Jeff Rosen will decide whether to retry Stubblefield.
In a statement, Rosen’s office said, “As we study this opinion to determine our next steps, we remain steadfast that Stubblefield remains in custody.”
Legal analyst Steven Clark described the appellate court’s ruling as groundbreaking.
“This case will resonate in prosecutors’ offices across the state as they consider issues involving race and how to address them appropriately to a jury,” Clark said. Source: ABC 7 News
