[mc32]

Strangely, it appears the main reason this was not elevated to felony assault is because the DA in St Clara County avoided that because it could lead to deportation which the DA prefers to avoid, "Fein indicated that his boss, Santa Clara District Attorney Jeff Rosen, seeks to avoid such deportations".

That seems odd. Not saying Rosen's decision is as malformed as Aaron Pesky's, but it deserves some questioning.

[davenbuster]

As policy, I don't think anything like immigration status should be a consideration when deciding on charges. There's a reason our ideal of justice is depicted as blind. Perhaps it could be considered as mitigating/aggravating circumstance at sentencing.

[rm2040]

Gotta keep the H1B train rolling at all costs! Don't dare discourage it with any deportations...

[acchow]

I think deportation would result in this person getting off scot-free in their home country, which the DA would rather avoid...

[nojvek]

I wonder what happens when a Judge makes a terrible decision. Does he get fired? What is his incentive to do the right thing?

[mc32]

Judges don't get fired. And that's a good thing, generally speaking because they are not subject to vagaries of the day or politics. That said, very poor judges can get reprimands, recalls or impeachments.

[noam87]

Is this not fair grounds for mistrial? (honest question)