Randall Amado v. Terri Gonzalez

Opinion by Judge HELLERSTEIN; Dissent by Judge RAWLINSON.

OPINION

HELLERSTEIN, Senior District Judge:

Violence between street gangs is a scourge to communities. The prosecutors who prosecute crimes committed by these gangs perform a vital service. But prosecutors must be vigilant that excessive zeal does not violate a defendant’s constitutional right to a fair trial. When that occurs, the courts must balance the needs of the community with a defendant’s constitutional right to a fair trial.

Randall Amado was convicted in 1998 by a Los Angeles jury of aiding and abetting a senseless murder in a…