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BELEAGUERED DA INVESTIGATOR TO RETIRE The San Francisco district attorney’s chief investigator, recently alleged to have behaved inappropriately toward women in the office, will retire in January. The DA’s office said Friday that Chief Investigator Daniel Addario will retire Jan. 12. But the office would not give details about the reasons for his retirement. “[Addario] is no longer in the office, and he’s not coming back,” said Chief Assistant DA Murlene Randle, No. 2 under District Attorney Terence Hallinan. Addario and his attorney, Terrence Goggin of San Francisco’s Goggin & Goggin, did not return calls Friday afternoon. Hallinan named Addario, formerly San Francisco’s top Drug Enforcement Administration agent, to the chief investigator’s post the day he took office as DA in 1996. Addario, who ran for supervisor in 1990, began his career as a Philadelphia police officer and also worked for the DEA in Detroit, Washington, D.C., Thailand and South America. About two weeks ago, DA spokesman Mark MacNamara said Addario was asked to take vacation time while the office reviewed allegations by three women that he made insensitive comments and gestures. The women, all subordinates of Addario’s, “felt he was behaving inappropriately, but didn’t want to make a formal complaint,” MacNamara said at the time. Addario has since switched to sick leave, which began Oct. 27, the DA’s office said. — Pam Smith JUDGE’S ERROR RESULTS IN MURDER RETRIAL NEW YORK — A federal judge has granted a new trial to a woman who killed a boyfriend she said had raped her, ruling that a Suffolk County judge crippled the woman’s defense mid-trial with an improper ruling. Eastern District Judge Jack Weinstein last week faulted the trial judge, County Court Judge Gary Weber, for first ruling that he would allow a defense based on Post-Traumatic Stress Disorder and Rape Trauma Syndrome, and then precluding it. The judge changed his mind after the woman, Keila Pulinario, admitted that she had lied to the prosecution’s mental health expert during a psychiatric examination. “The change in ruling, made in mid-trial, cut the legs off the defense’s theory after petitioner had been committed to it irretrievably,” Judge Weinstein wrote in Pulinario v. Goord, 02-CV-3681. “A fair trial was then impossible.” Judge Weinstein said the preclusion of expert testimony for the defense was an extreme and unwarranted sanction under the U.S. Supreme Court’s holding in Taylor v. Illinois, 484 U.S. 400 (1988). Pulinario’s failure to cooperate with the psychiatrist, the judge said, should have been put to the jury, which then could have determined the credibility of the woman’s alleged mental defect. Without expert testimony to back Pulinario’s case, Judge Weinstein wrote, “the prosecution was permitted to thoroughly exploit the jurors’ misconceptions about the conduct of rape victims and argue, among other things, that petitioner’s seemingly calm demeanor after the rape and her untruths to the psychiatrists — which appear to be not untypical of rape victims — were evidence that she had not been raped.” — The New York Law Journal

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