| ► Attorney Jay Boyarsky of San Jose; ethical gremlin |
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Attorney Jay Boyarsky of San Jose; ethical gremlin
Unfortunately, the state of California presented Jay Steven Boyarsky with a law license in 1991 after he graduated from UC Berkeley Law School.
In late December 2012, the 6th District Court of Appeals found Jay guilty of engaging in a “pervasive pattern” of misconduct involving Dariel Shazier who was charged with being a sexually violent predator.
During a civil court hearing in Santa Clara Superior Court, Shazier was involuntarily committed to a state mental hospital on the grounds that he was a sexually violent predator.
During the hearing, Boyarsky improperly asked questions of various witnesses that for the sole purpose of eliciting inflammatory answers and by making improper arguments to the jury.
In one instance, Boyarsky implied to the jury that Shazier had molested other boys. He did so without offer without providing the jury with one iota of evidence to support his claim.
Even worse, Boyarsky went on to improperly ask jurors what their friends and family would think of them if they found Shazier wasn’t a predator. It is black letter law that a prosecutor is prohibited from making such comments to a jury. Put simply, a first year law student would have known that this type of conduct is impermissible.
The presiding Appellate Judge on the panel, Conrad Rushing wrote “This is not a case in which the prosecutor engaged in a few minor incidents of improper conduct. Rather, the prosecutor engaged in a pervasive pattern of inappropriate questions, comment and argument throughout the entire trial.”
Boyarsky’s Hyperbolic (BS) Defense
When queried by Tracy Kaplan, reporter for the San Jose Mercury News, in regards to the well-deserved spanking he received from the Court of Appeals’ reversal of Shazier’s commitment, Boyarsky had the chutzpah to say: he accepted the court’s ruling about his conduct, though he made his arguments in “good faith.”
How in the hell do you repeatedly violate the Rules of Evidence in “good faith?” Inquiring minds would like to know how that works Jeffrey!
What is truly galling is the fact that the overburdened taxpayers of California were forced to expend tens-of-thousands of dollars as a result of Boyarsky’s unethical conduct in his zeal to place another notch on his prosecutorial belt.
As we speak (ca. February 2013), Jay continues to be employed as Chief Assistant District Attorney for Santa Clara County, California.
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