--- url: 'https://vi.giglio-bradylist.com/prosecutor-misconduct-no-1723677916-730394143' title: 'John Hemmerling | San Diego City Attorney Office | Prosecutor Misconduct No. 1723677916 - 730394143' author: name: 'Johann Drolshagen' url: 'https://vi.giglio-bradylist.com/user/johann-drolshagen' date: '2024-08-14T23:22:42+00:00' updated: '2024-08-14T23:25:16+00:00' type: article summary: 'Prosecutor complaint concerning John Hemmerling at San Diego City Attorney Office — Prosecutor Misconduct No. 1723677916 - 730394143.' tags: - 'Attorney Misconduct' - 'Failure to Disclose Brady/Giglio Material' published: true og: site_name: 'Virgin Islands Brady List' 'image:url': 'https://vi.giglio-bradylist.com/sites/default/files/styles/wide/public/2022-04/download%20-%202022-04-14T123459.559.png?itok=-H368knT' 'image:alt': 'San Diego City Attorney Office' updated_time: '2024-08-14T16:25:16-0700' street_address: '1200 Third Avenue Unit 1620' locality: 'San Diego' region: CA postal_code: '92101' country_name: 'United States' --- ## [Prosecutor Misconduct No. 1723677916 - 730394143](/prosecutor-misconduct-no-1723677916-730394143) [](https://giglio-bradylist.com/individual/john-%20hemmerling)John Hemmerling **[San Diego City Attorney Office](/group/23320)** 1200 Third Avenue, Unit 1620 San Diego, California 92101 [(619) 236-6220](tel:%28619%29236-6220) [http://www.sandiego…](http://www.sandiego.gov/cityattorney) [](/group/23320) ## Date of Offense Date Not Provided ## Offense(s) [Attorney Misconduct](/prosecutor-complaint-categories/duty/attorney-misconduct) [Failure to Disclose Brady/Giglio Material](/prosecutor-complaint-categories/duty/failure-disclose-bradygiglio-material) ## Reporting Authority This complaint has been forwarded to the [State Bar of California](/group/23334) ## Statement In the *People v. Houser* case, San Diego City Attorney **Mara Elliott** and **John Hemmerling**, the Chief of the City's Criminal Division, were central figures in the prosecutorial misconduct that was ultimately found to have occurred. The case revolved around the failure of the City Attorney's office to comply with discovery obligations, specifically the failure to provide critical exculpatory evidence, including body-worn camera footage from the arresting officers, as required under the *Brady v. Maryland* precedent. Despite repeated requests from the defense and multiple court orders, Elliott's office did not produce the necessary evidence in a timely manner. The discovery failures led to significant delays and legal challenges, ultimately resulting in the court affirming that the misconduct warranted the dismissal of the charges against the defendant, Mr. Houser. The court's ruling highlighted the prosecutorial missteps, noting that the failure to disclose this evidence not only violated legal obligations but also undermined the fairness of the trial process. This case underscores the critical importance of transparency and diligence in the prosecutorial process, particularly when it comes to disclosing evidence that could potentially exonerate a defendant. The actions of Elliott and Hemmerling in this case serve as a cautionary example of the severe consequences that can result from failing to uphold these legal responsibilities.