Your article about the Santa Clara County District Attorney Office’s dismissal of the felony case entitled People v. Hunter Fraser is grossly misleading. The Santa Clara County District Attorney committed a grave mistake by dismissing the case. Moreover the District Attorney’s actions violated the California Constitution. Article 1 Section 28 of the California Constitution requires prosecutors to confer with victims and give reasonable notice regarding court proceedings. The prosecutors did not discuss their decision with the victim. They did not give the victim reasonable notice regarding the court appearance. No one from their office contacted me. I represent the victim. The victim and I found out after the fact.

Your article quotes Hunter Fraser as describing himself as a victim. He is not a victim. Hunter Fraser is a perpetrator with other victims. He is deserving of prosecution not a dismissal.  What he did in this case was no accident. People who harm loved ones “by accident” make amends and take responsibility. Hunter Fraser instead aggressively attacked and belittled his victim — just like he has done to other women. For a matter this serious it is astounding that your reporter did not contact me.

Hunter Fraser’s case was two years in the works. A Santa Clara County Judge found after an extensive evidentiary hearing there was sufficient evidence for the case to proceed to jury trial. The judge found Hunter Fraser battered his victim finding further that Hunter Fraser personally inflicted great bodily injury upon the victim because he broke her ribs. The Criminal Protective Order against Hunter Fraser obtained by the prosecution was dissolved by operation of law when the case was dismissed leaving the victim without legal protection. The dismissal of this case is outrageous. The Santa Clara District Attorney doing so without having the decency to confer with the victim in accord with his Constitutional duty is equally outrageous.

I have written a letter to District Attorney Rosen advising him of his violation of the State Constitution and what must be done to correct the wrongdoing of dismissing the case against Hunter Fraser. Hopefully the Santa Clara County District Attorney will now do the right thing.

Paula Canny, criminal justice attorney