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Above image: George Gage
One of the lesser known hallmarks of Kamala Harris’s prosecutorial career is losing in civil courts to Black men who have sued for her fabrication of evidence, and illegally withholding key exculpatory evidence at their trials while she was District Attorney of San Francisco.
Not all of the men prosecuted by Harris have been so fortunate as to have their fair day in court. George Gage is a name that should haunt Kamala Harris.
In 1998 the mother of Gage’s alleged victim, his stepdaughter who said he had raped her, told mental health workers while Gage was being prosecuted, that the daughter was “a pathological liar [who] lives her lies.” Neither the defense nor the jury were ever allowed to see these words, which would have impeached the testimony of the daughter, as her story changed continually and was filled with inconsistencies. Harris’s prosecutors fought to suppress the mother’s words at trial.
So weak was the case against Gage, at the time a man in his sixties with no prior criminal record, that the presiding judge immediately vacated his conviction upon seeing the mother’s words in medical records. The conviction was based on nothing more than Gage’s word against the daughter’s story, the latter of which continued to evolve and change during her interviews with detectives.
Harris fought judge’s decision to vacate and succeeded in reinstating the conviction. During his initial prosecution, Gage was offered numerous plea bargains, including one in which he would walk a free man after only three years. Gage refused all of them, firmly maintaining his complete innocence. Because of Harris’s and the California court’s reliance on procedural hurdles that Gage cannot overcome, he now sits in San Quentin prison, half-blind and in his eighties.
Lara Bazelon, law professor and the former director of the Loyola Law School Project for the Innocent in Los Angeles, wrote for the New York Times in January 2019:
“In 2015, when the case reached the United States Court of Appeals for the Ninth Circuit in San Francisco, Ms. Harris’s prosecutors defended the conviction. They pointed out that Mr. Gage, while forced to act as his own lawyer, had not properly raised the legal issue in the lower court, as the law required.
The appellate judges acknowledged this impediment and sent the case to mediation, a clear signal for Ms. Harris to dismiss the case. When she refused to budge, the court upheld the conviction on that technicality. Mr. Gage is still in prison serving a 70-year sentence.”
Gage’s case has been adopted by innocence projects such as the Marshall Project as one of the most egregious wrongs in the US justice system, but barring a pardon from the governor of California, he will likely die in jail.
In 2018, a civil jury in California found that police and prosecutors working under then-San Francisco District Attorney Kamala Harris had deliberately fabricated evidence and failed to disclose exculpatory material in the malicious prosecution of Jamal Trulove, for the shooting murder of his friend Seu Kuka.
Carla Bell at the Miami Herald writes:
“For years, AKA Harris has delivered a ruthless brand of “service.” Under Harris, the New York Times recounted, prosecutors “unlawfully held back potentially exculpatory evidence” in the case of George Gage, resulting in a 70-year sentence at San Quentin on charges of sexual abuse. Those charges were later proven false and dismissed by the trial judge, but upheld under appeal on technicality. Because Harris declined to withdraw prosecution, Gage, now 80 and partially blind, remains incarcerated, still, 20 years later.”
In February 2010 29-year-old Jamal Trulove was convicted of killing 28-year-old Seu Kuka based on the testimony of a lone witness
In March 2019, Mr. Trulove was awarded a $13.1 million settlement for his wrongful prosecution and conviction. San Francisco DA Kamala Harris showed up twice at his trial. Once at his conviction, and the second at his sentencing, during which Trulove says that he looked back and they “locked eyes,” and she began laughing at him as he was sentenced to 50 years to life in prison.
The Washington Examiner wrote in September 2019 in “Five times prosecutor Kamala Harris got the wrong guy”:
“In 1992, Caramad Conley was arrested for a drive-by gang shooting that killed two men in San Francisco. After the prosecution’s key witness testified that 18-year-old Conley had privately confessed to the murder, Conley was convicted and sentenced to life in prison without parole. Although the witness denied under oath that he had been compensated as part of the case, a subsequent investigation found that a detective had paid the witness. The witness had also been given housing by the prosecution and placed in a witness protection program. In December 2010, a judge vacated Conley’s conviction, citing “voluminous” evidence that the witness had lied. Harris was serving as district attorney of San Francisco at the time, and her office initially sought to retry the case, according to reports. One month later, after Harris left to start her new role as California attorney general, the San Francisco district attorney’s office agreed not to retry Conley. He later received a $3.5 million settlement from the city for wrongful conviction.
In the same article The Washington Examiner also reported on Rafael Madrigal:
“In 2002, Rafael Madrigal was convicted of a drive-by gang shooting and the attempted murder of Ricardo Aguilera in East Los Angeles. He was sentenced to 25 years to life in prison. Seven years later, a federal judge tossed the conviction due to inadequate legal defense by Madrigal’s attorney. The court found that Madrigal’s lawyer failed to introduce exculpatory evidence, including several alibis that said Madrigal was 35 miles away at work during the time of the attempted murder. After his release from prison, Madrigal asked the California Victim Compensation and Government Claims Board to compensate him $282,000 for the wrongful conviction. Kamala Harris, the state attorney general at the time, recommended that the board deny Madrigal’s request, arguing that he had not sufficiently proven his innocence.”
Innocent Man Awarded $13 Million After San Fran DA Kamala Harris Fabricated Evidence of Murder (view at Rumble)
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