Trial Set For S.F. Case With Slain Witness

When Justin Lee, the key witness in a San Francisco assault and attempted-murder case, was killed in January while he was supposed to be under DA protection, Assistant District Attorney Andrew Clark said he had to take a step back and take a new look at the case. Clark had Lee’s memorialized testimony from a preliminary hearing, but the death of a man who was both the key witness to and the victim of the alleged crime must’ve thrown a wrench into things.

Today, when supervising criminal Judge Kay Tsenin set a May 2 trial date, the case took at least a procedural step forward. What happens to the case between now and then might hinge on whether police connect the defendant, Sean Robinson, to Lee’s murder.

Though it remains unclear what kind of plea negotiations Robinson and prosecutors were having prior to Lee’s death, a local expert says the killing of a witness would complicate that aspect of a case as well.

“I could definitely see how that would impact their settlement negotiations, if only that it’s important for the public to know that having a witness die doesn’t get you a better deal,” said Steven Clark, a San Jose defense attorney and former county prosecutor.

Prosecutors working the Robinson case have to make sure Robinson had nothing to do with Lee’s murder before they make any settlement offer, Steven Clark said. But if police do connect Robinson with the murder, then the DA has a raft of issues — from new charges to special circumstances — to consider, he said.

Robinson’s attorney, San Francisco solo Douglas Rappaport, said he couldn’t comment on the case this afternoon.

Lee had joined the DA’s witness protection program a month before he was killed. In 2007, he testified at a preliminary hearing that Sean Robinson was the man who shot him multiple times on May 26, 2005. Robinson has been in custody ever since.

ADA Andrew Clark acknowledged Tuesday that Lee’s killing has drawn public scrutiny, but he said there was no pressure to seek a conviction or harsher settlement because more people are paying attention.

—  Evan Hill