12 MONTEREY COUNTY WEEKLY November 14-20, 2024 www.montereycountynow.com Before jurors convicted Joseph Sampognaro Jr. of first-degree murder of his father, Joseph Sampognaro Sr., they heard a lot of testimony. Prosecutors painted a picture of a strained relationship between the men and a motley crew of friends, girlfriends and acquaintances, several of whom, at the time of the shooting in 2020, were living in a barn off Laureles Grade. There was drug use, there was betrayal, there were jail stays. One man, Sage, who had lived in the barn, described watching Sampognaro’s transformation after he was released from jail less than a month before the shooting. He wanted to get sober, then overdosed and became even more paranoid than before. “The devil was in his eyes,” Sage said. While his attorneys had argued successfully before the trial to exclude evidence related to Sampognaro’s character, this testimony and much more was introduced. The fact that his lawyers from the Monterey County Public Defender’s Office, Thomas O’Keefe and Rachel Miller, did not object to it, forms the basis of a Nov. 5 decision by the Sixth District Court of Appeal vacating the 2021 murder conviction due to ineffective counsel. “A reasonably competent attorney, having already secured exclusion of character evidence, would object to the characterization of [Sampognaro] as a violent person who should not have been released from custody,” Judge Adrienne Grover wrote. Further complicating the case was the argument that Sampognaro’s counsel was conflicted. Miller, one of his two attorneys, had a brief sexual affair with the bailiff during the trial. The bailiff is an employee of the Monterey County Sheriff’s Office—the same agency that investigated the case. “We conclude the relationship created a potential conflict of interest necessitating disclosure, which would not require reversal on its own but contributes to our lack of confidence in the verdict,” Grover wrote in the appellate decision. After the affair came to light, Sampognaro sought a new trial, but a Monterey County Superior Court judge denied that motion in 2022. The appellate decision is not yet final; prosecutors have two months to appeal to the Supreme Court or ask the Court of Appeal to reconsider. If the judgment is finalized, it will return to the county level, where Chief Assistant District Attorney Berkley Brannon says they will again prosecute the murder case. Sampognaro is serving a sentence of 25 years to life for the murder charge, plus 14 years for other counts. (Two counts related to leading deputies on a reckless, high-speed chase, were not overturned.) “Instead of the jury focusing on the evidence, it’s tempting to think, ‘Well the guy’s just a cold, violent person,’” says Jonathan Grossman, executive director of the Sixth District Appellate Program, who represented Sampognaro. Grossman also notes questions about the evidence: Some witnesses reported memory lapses due to drug use, and accounts contradicted each other. A gun was never located. Do Over Court of Appeal rolls back conviction against a man for murdering his father, based on ineffective legal counsel, including a courthouse affair. By Sara Rubin Joseph Sampognaro Jr. was convicted on April 26, 2021 for the 2020 murder of his father. He is shown here in Monterey County Superior Court at a 2022 hearing on his motion for a new trial. NEWS “The devil was in his eyes.” DANIEL DREIFUSS ♦ 3 Card Poker ♠ Century 21st No Bust Black Jack ♣ Texas Hold’em ♥ Baccarat FULL BAR! BLACKJACK BONUS POINTS PAYS UP TO $20,000 SMALL TOWN BIG PAYOUTS! 1-800-Gambler • Gega-003846, Gega-Gega-003703, Gega-000889 Gega-000891 Gega-002838 The Marina Club Casino ensures the safety and security of all guests and team members at all times, while providing exceptional service. 204 Carmel Ave. Marina 831-384-0925 casinomonterey.com ♠ ♣ ♥ ♦ Just minutes from Downtown Monterey Where Monterey Comes To Play ANTIQUES & COLLECTIBLES Stop By To Shop And Find Your Vintage Treasure OVER 100 DEALERS 21,000 SQUARE FEET The Largest Antiques and Collectibles Mall on the Central Coast 471 WAVE STREET MONTEREY (831) 655-0264 P M canneryrowantiquemall.com Open Daily 11am-6pm ’24 Voted Monterey County's Best Antique Shop
RkJQdWJsaXNoZXIy MjAzNjQ1NQ==