LOS ANGELES
Third-Strike Inmate Wins His Freedom
The janitor's robbery conviction was reversed on appeal because of
errors by trial judge and public defender. He was serving 70 years to life.
By Steve Berry
Times Staff Writer
February 1 2003
A Los Angeles janitor who was serving a prison sentence of 70 years
to life for a robbery that he denied committing won his freedom Friday
in Los Angeles Superior Court.
Jason Kindle, 34, whose conviction was reversed by an appeals court
last year, has been behind bars for three years.
Wishing Kindle "good luck" and telling him to "stay out of trouble,"
Judge Lance Ito granted a motion by the district attorney's office to dismiss
the case because it has grown weaker as new evidence has become available.
Defense attorney Barry O. Bernstein's office said Los Angeles County
jail officials were processing Kindle's release Friday.
Kindle was convicted in October 2000 of eight counts of robbery and
two counts of assault. Jurors found him guilty of taking $15,000 in cash
and $7,000 in checks at gunpoint from Office Depot on South Figueroa Avenue
on Nov. 22, 1999. The cash and checks were never recovered.
Kindle was sentenced to extra time because the conviction was his third
strike; the first two arose from a single incident in 1988 in which he
was convicted of assaulting a police officer and shooting into an occupied
vehicle.
The 2nd District Court of Appeal reversed the Office Depot robbery conviction
because it said errors by Ito and Kindle's former attorney had prevented
jurors from hearing crucial evidence that probably would have persuaded
them to find him not guilty.
One of the key pieces of evidence that led to Kindle's conviction was
a "things to do" list that Kindle says he compiled during a training session
on working as a janitor. At trial, prosecutors depicted it as a "recipe
for robbery."
In its 2-1 ruling, the appellate panel said Ito's court "abused its
discretion" by refusing to order a retrial after learning of evidence that
the items on the to-do list were janitorial tips. It also said Kindle's
lawyer at the time, Haydeh Takasugi, "rendered ineffective assistance"
to Kindle during his trial by failing to call an expert witness to challenge
testimony by five employees that Kindle resembled the robber, who was heavily
disguised.
On Friday, Ito questioned why Deputy Dist. Atty. Michael J. O'Gara was
asking for a dismissal after the district attorney's office fought strenuously
during a post-trial hearing two years ago against Bernstein's motion for
a new trial.
"Your office vehemently objected to the grant of a new trial," Ito reminded
O'Gara. "The facts were the same."
At that time, defense attorneys and the prosecution knew that Kindle's
supervisor had given a statement explaining that he knew firsthand that
Kindle's to-do list consisted of notes from a meeting about the janitorial
service and not a robbery plan. But, after the witness moved from Los Angeles
to New York, Kindle's lawyer was unable to find him to have him testify
at Kindle's trial.
The witness has since been located, and the defense was prepared to
bring him to trial.
O'Gara told Ito on Friday that he didn't think the prosecution could
win another guilty verdict because "additional facts will come forward"
that would weaken the prosecution's case to the point where he felt it
could not win a conviction.
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