A JUDICIAL CANDIDATE SHOULD HAVE RECENT TRIAL EXPERIENCE

By Richard Kraft

TRIAL EXPERIENCE IS A SIGNIFICANT QUALIFICATION FOR A JUDGE. RICHARD KRAFT HAS TRIED MORE THAN 40 JURY TRIALS OVER THE PAST 5 YEARS AND MORE THAN 100 JURY TRIALS OVER THE PAST 10 YEARS.

THE FOLLOWING CONVICTIONS ARE EXAMPLES OF A FEW OF THE 200+ CRIMINAL JURY TRIALS PROSECUTED BY RICHARD KRAFT OVER THE PAST 17 YEARS.

A 43 year old construction worker fell 5 stories to his death as a result of his employers' (general contractor and framing contractor) failure to provide workers with any safety equipment or protections (such as harnesses, covers over floor openings, guardrails, etc.). According to fire department paramedics who were on scene first, all potential witnesses were sent home by the employers and the scene was altered before Cal-OSHA investigators arrived.

After reviewing thousands of pages of investigative materials and evaluating dozens of potential witnesses, Mr. Kraft determined that criminal charges should be filed against 2 large corporations (the general contractor and the framing contractor) and 4 individuals, including the president of the framing company. All 6 defendants were charged with multiple violations of California Labor Code § 6425 (each count alleged that defendants willfully violated Cal-OSHA safety orders causing the death of an employee).

Three defendants pled no contest to the charges on the day set for trial, and a fourth during trial. During the six week trial, Mr. Kraft presented 18 witnesses and offered more than 60 exhibits, including hundreds of photographs. After the two defense attorneys presented their cases, there were 2 days of closing arguments.

The jury deliberated 3 hours before returning guilty verdicts on all counts against the remaining defendants, the multi-million dollar framing company and its president. As a result of this conviction, both defendants are under court supervision for the next 5 years and must show proof of compliance with safety and fall protection requirements.

In post-trial motions, Mr. Kraft obtained a restitution order of more than $375,000 for the victim's mother.

The People of the State of California vs. Suhail Tommy Farran (2004)

Defendant, a manager at a large insurance company, was allegedly using his work computer to download and share child pornography. Defendant was charged with possession of child pornography at his work. After numerous unsuccessful defense motions, Mr. Kraft prosecuted the case by jury trial. Computer evidence was presented by both sides and there was significant expert witness testimony. Following the four week trial, defendant was convicted of possession of child pornography.

As a result of this conviction, defendant is required to comply with mandatory lifetime registration as a sex offender.

The People of the State of California vs. Robert Prado (2003)

Defendant, a 49 year old sex education teacher, was charged with touching and making sexual comments to several female high school students. Mr. Kraft presented evidence of a history of uncharged sexual misconduct, including unlawful sexual intercourse with a high school student, going back to 1995.

During the four week trial, Mr. Kraft offered approximately 15 witnesses regarding defendant's history of sexual misconduct with students, and the defense presented approximately 10 witnesses. The jury convicted defendant of child annoy/molest (Penal Code section 647.6).

As a result of this conviction, defendant is required to register as a sex offender for the rest of his life, and the Court sentenced him to 9 months of jail.

The People of the State of California vs. Rufino Aleman (2002)

Defendant was charged with molesting his 16 year old teenage stepdaughter over a period of years. At trial, Mr. Kraft presented evidence that Defendant had broken in when she was in the shower and filmed her in the nude. Defendant had spliced those nude shots with other pornography and made copies. He had committed multiple acts of domestic violence against his wife and also secretly filmed her in the nude.

Defendant's wife and stepdaughter were terrified that he would return and harm them. This was one of a series of trials Mr. Kraft prosecuted against this defendant who had a significant criminal history, including convictions for domestic violence and violations of restraining orders. Following a lengthy trial, defendant was convicted.

As a result of this conviction, defendant is required to register as a sex offender for the rest of his life. Defendant was sentenced by two separate judges to combined sentences of 6 years in jail on this and several probation matters Mr. Kraft prosecuted concurrently.

Mr. Kraft is an experienced courtroom prosecutor who has spent his professional life in the courtroom. Mr. Kraft has prosecuted more than 40 criminal jury trials over the past five years, and more than 200 criminal jury trials over the past 17 years.

From 1981 to 1989, Mr. Kraft tried civil cases in court and by arbitration. Mr. Kraft also has civil appellate experience, writing the appellate brief in a published decision.