Saturday, May 18, 2013 | 12:45 a.m.
Hi, (not you?) | Member Center | Sign Out
Posted: 7:55 p.m. Thursday, Dec. 27, 2012
KTVU-AP
SAN JOSE —
A state appeals court has reversed a jury's decision to commit a sexually violent predator to a state mental hospital, saying a San Jose prosecutor engaged in serious misconduct.
The San Jose Mercury News reported that the opinion published Thursday claimed Santa Clara County Chief Assistant District Attorney Jay Boyarsky asked improper questions and made improper arguments during the civil trial to commit the man.
Defendant Dariel Shazier pleaded guilty in 1994 to sodomy with a minor under 14, and other charges.
He was sentenced to nearly 18 years in prison, but prosecutors sought to commit him to Coalinga State Hospital upon his release.
A jury voted 11-1 to commit Shazier, who remains in the hospital while the parties decide whether to challenge the appellate ruling or retry him.
© 2013 Cox Media Group. By using this website,
you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices
.
Already have an account? Sign In
{* #registrationForm *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *}Already have an account? Sign In
{* #registrationFormBlank *} {* registration_firstName *} {* registration_lastName *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddressBlank *} {* registration_birthday *} {* registration_gender *} {* registration_postalZip *} {* traditionalRegistration_passwordBlank *} {* traditionalRegistration_passwordConfirmBlank *} {* agreeToTerms *}We have sent you a confirmation email. Please check your email and click on the link to activate your account.
We look forward to seeing you frequently. Visit us and sign in to update your profile, receive the latest news and keep up to date with mobile alerts.
Don't worry, it happens. We'll send you a link to create a new password.
{* #forgotPasswordForm *} {* forgotPassword_emailAddress *}We have sent you an email with a link to change your password.
We've sent an email with instructions to create a new password. Your existing password has not been changed.
To sign in you must verify your email address. Fill out the form below and we'll send you an email to verify.
{* #resendVerificationForm *} {* resendVerification_emailAddress *}Check your email for a link to verify your email address.

You're Almost Done!
Select a display name and password
{* #socialRegistrationForm *} {* socialRegistration_displayName *} {* socialRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *}Tell us about yourself
{* registration_firstName *} {* registration_lastName *} {* registration_postalZip *} {* registration_birthday *} {* registration_gender *} {* agreeToTerms *}