Santa Clara County DA disqualified from re-trying Stanford vandalism case

SAN JOSE, Calif. - The Santa Clara County District Attorney's Office has been disqualified from the retrial of pro-Palestinian protesters charged with vandalism at Stanford University.

Conflict of interest

What we know:

According to the Bay Area News Group, the defense attorneys argued that District Attorney Jeff Rosen has a conflict of interest because he featured the case in campaign materials while seeking a fifth term in office.

The judge said Rosen’s fundraising and public comments improperly tied the Stanford prosecution to combating antisemitism, even though the defendants were not charged with hate crimes, the news organization reported.

Judge Kelley Paul agreed with the defense, stating, "The conflict is so grave as to render it unlikely that the defendants will receive fair treatment."

Cohen represents San Jose's District 4, a city council position he's held since 2021. The South Bay democrat is currently running to represent California's District 10, represented by Aisha Wahab, in the state Senate.

In a statement following the ruling, Rosen’s office told the news organization, "While we disagree with the judge’s ruling, we respect it."

What they're saying:

The Jewish Community Relations Council released a statement after the ruling, stating their disappointment: "The court has set a disturbing precedent that appears to impose a different standard on Jewish public officials."

Rosen is Jewish.

The case stems from a 2024 protest where 11 people were initially charged with felony vandalism. The first trial ended in a mistrial in February.

Should the case move forward with a retrial, the California Attorney General's Office would take over the prosecution.