Marc Noel Honored as Butte County District Attorney's Office 2014 Attorney of the Year

Supervising Deputy District Attorney Marc Noel has been named Butte County District Attorney's Office Attorney of the Year for 2014.

Marc has been serving as a Deputy District Attorney for Butte County since 1993 and has been working as a prosecutor since 1991.  He has been assigned to narcotics and gangs for the majority of his over 20 year tenure as a prosecutor, but has also completed stints within the economic and juvenile divisions.  During his career, Marc has become the office's "go to guy" whenever issues arise with either search warrants or arson investigation and prosecution.
Marc's involvement in arson prosecution stemmed from a serial arson case he was assigned to prosecute in 1992.  The defendant was a seasonal firefighter with CDF (now CalFire). Because of the defendant's status the case was investigated by investigators from outside of Butte County.  This introduced him to Henri Brachais, a CDF investigator from Riverside, who spent time teaching Marc about arson investigations, sparking an interest in the area.
In 1995 Henri Brachais was transferred to Butte County and put in charge of the Fire Prevention Bureau.  At this time Mr. Brachais requested Marc be designated as the arson DDA for Butte County.  In order to more fully understand arson investigations, Marc received extensive training in fire behavior, fire investigation, arson and explosives from CDF.  He was treated like a new fire investigator and sent through the State Fire Marshall Fire Investigator Certification Program.  He was even issued full firefighter gear and a pager as part of his new assignment.  For the first 7 years of his designation as the DDA Arson Prosecutor, Marc responded to every suspicious fire and every fire death within Butte County, giving Marc the unique and invaluable opportunity to build arson cases from the crime scene to the courtroom.
Marc's search warrant experience hit closer to home.  His father was an FBI Agent for 31 years; the majority of the time within the area of investigating organized crime.  Marc grew up seeing his father write search warrant affidavits and wiretap applications, many of them at home.  His father taught him how to write search warrants and wiretaps when he was still in high school.  In law school, Marc took that experience with him as a law clerk for the Douglas County Attorney Criminal Division, writing numerous search, arrest and fugitive witness warrants.
While serving as a Contra Costa Deputy District Attorney (in the 2 years prior to coming to work for Butte County), Marc was assigned to the Richmond office.  There he fostered relationships with the Richmond PD Narcotics Units and BNE Task Force and was trained like he was one of their own, becoming involved in everything except for undercover drug sales.  He was also assigned to work with Narcotic's Prosecutor, Jose Marin, at the same time.  Jose was a former DEA agent who was able to teach Marc how to take the investigated narcotics case and prosecute it effectively.
These experiences naturally lead him to become proficient in the area of search warrants and when Marc made his way to Butte County he very quickly became the Deputy District Attorney relied on to review and advise on search warrant issues both during business hours as well as after hours.
Marc has tirelessly served the community of Butte County as a prosecutor for over 20 years.  His experience enables him to effectively supervise the felony team he is currently assigned to while still managing his own felony assignment in gangs.  Marc notes that, "The Butte County District Attorney's Office is made up of dedicated and professional prosecutors.  Our DDA's are here because they want to be prosecutors.  That makes a big difference.  Our people are invested in the community and the office.  As a result everybody is willing to put in the time and effort to do the job correctly."
Marc is a stellar example of this acute observation.  The honor of being awarded attorney of the year is well placed with Marc Noel.

BCDDAA Members Fight for Fair Treatment

BCDAA Members working with members of the PEA
 outside the Board of Supervisor's Chambers at an Informational Picket on September 9, 2014

One common sentiment among those who chose to follow the professional path that leads to becoming a prosecutor often note they do so because the concepts of justice and fairness have always resonated with them.  This is true among our own BCDDAA members.  Each of us work, every day, to wear the "white hat," to strike a balance between crime and punishment, to be fair in our dealings with defendants, victims, officers, opposing counsel and members of the public.

BCDDAA members Leah Payne, Jennifer Bennett and Elizabeth Norton
proudly displaying the PEA's simple message, "Fair Contract Now"

Perhaps this is why, as a group, the fact that Butte County is unwilling to treat our labor bargaining unit, the Professional Employees Association (PEA), the same as the rest of County employees has been found entirely unacceptable by our members.

The PEA, which represents professionals working for Butte County, reached impasse with the County earlier this month.  The reason was simple.  Butte County was unwilling to give all the members of the unit the same 2% increase in salary it had offered to the rest of the County employees.  This basic unfairness has become a tipping point for our members.  

BCDDAA Member Joanna Mupanduki
doing her part in the fight for fairness

On September 9, 2014, BCDDAA members took a stand in an attempt to engage the Board of Supervisors for Butte County in meaningful discussion about this fundamental unfairness.  BCDDAA members, along with other professionals from the PEA, participated in an informational picket outside the Board of Supervisor's chambers.  Steve Allen, union representative for the PEA, addressed the Board inside, calling on them to meet directly with the PEA's labor negotiation team to both explain and step in to resolve the issue.  

As Mr. Allen explained, "Employees have agreed to pay their share of pension costs.  The County is starting to offer small salary increases.  However, for an unknown reason the County bargaining team has refused to grant the same 2% to Professional Employees that it has granted to all other County Employees."

BCDDAA members have made it clear, we want a "Fair Contract Now."  The PEA will be exploring all of its legal alternative in the near future to continue working for fairness.  BCDDAA members will be in the forefront, seeking for fairness for themselves and other professionals within the PEA, because it is the right thing to do.

Member Profile: Mark Murphy

Supervising Deputy District Attorney Mark Murphy has been a Deputy District Attorney for approximately 18 years.  The majority of that time he has been assigned to the specialized prosecution of sex crimes and gang crimes.  Currently he is both acting as a supervisor of one of Butte County's four felony prosecution teams while also maintaining his own caseload in the specialized area of gang crimes.

As a supervisor, Mr. Murphy oversees other Deputy District Attorneys in their efforts to prosecute crime in Butte County.  He notes that the public does not necessarily see the time, effort and energy any individual Deputy District Attorney devotes to their cases.  There is a great deal of unpaid, uncompensated overtime and without such dedication and sacrifice, public safety would suffer greatly.

In regards to his own caseload, one of Mr. Murphy's most memorable cases over his tenure has been People v. Santos Zepeda.  In Zepeda, the victims were a father and son whom the defendant believed belonged to a rival gang.  The father was shot in the back by the defendant and was paralyzed as a result.  One witness described the father falling like a duck that had been shot out of the air when the shooting occurred.  While the father was laying on the ground, paralyzed, he watched the defendant shoot and kill his 16 year old son.

With help from his family, the defendant fled the State were he continued to pursue his hobby of writing rap lyrics--many of which were laced with terms specifically used by the gang he belonged to.  These lyrics included phrases that defendant was "still willing to do some killing," it "ain't sh*t to take your life," as well as referenced to an unsolved mystery.

Eventually the unsolved mystery was resolved.  The defendant was convicted of 1st degree murder, attempted murder and multiple firearm enhancements leading to a sentence of multiple life terms.

The California Court of Appeals eventually upheld the conviction in a published case which is now used up and down the State of California by gang prosecutors when using gang rap lyrics to show a particular defendant's motives and intentions.  (People v. Zepeda, (2008) 167 Cal.App.4th 25).

Mr. Murphy excels in his ability to both relate and guide victims of crimes through the court system.  This skill was recognized this year as a recipient of a Victim/Witness Award on April 9, 2014, given in recognition of his efforts made towards crime victims he deals with as part of his criminal caseload.  Mr. Murphy relates that "the most rewarding aspect of the job is working to deliver justice to family members who have lost a loved one to violence.  Murder cases often involve extensive contact with the victim's loved ones from the inception of the case, through trial and beyond.  After developing those relationships with the victim's family, it is always deeply rewarding when a murder victim's loved ones hear the jury announce a guilty verdict."

Mark Murphy after receiving an award from the Butte County Victim/Witness Center for his outstanding work with victims of crime for the 2013 year

Mock Trial Participants Shine in Local Competition*

On February 25, 2014, the Butte County Superior Court hosted the Butte County High School Mock Trial Competition which was sponsored by the Butte County Office of Education. This is a national program and each participating high school is given the same case to take to trial. They play the parts of the defendant and the witnesses as well as the prosecutors and the defense attorneys. They not only have to learn the facts of the case but also have to learn the law that corresponds with the case

 

This year, the case involved the sale of prescription medication, the abuse of which is fast becoming a national as well as a local epidemic. The victim, who suffered from a heart condition, died of cardiac arrest which was brought on by the Adderall (Adderall is amphetamine, a common ADHD prescription medication) the defendant student sold to him. The defendant student was charged with possession of amphetamine for sale and second degree murder.

Las Plumas High School and Pleasant Valley High School competed this year. Each side gave wonderful presentations and the scores were very close. Pleasant Valley edged Las Plumas by only 4 points to win the County title.

I have been a DDA for Butte County for 9 years and was a DDA for Humboldt County for 12 years, and Las Plumas’ attorney coach since 2008-2009 school year. I am so impressed by the teacher coaches who dedicated hundreds of hours of their personal time for this project and by the tremendous amount of work put in by the students. This program improves public speaking, creates good competitors, and teaches the students about our judicial system as well as issues that are important in their lives. It is truly my honor to be a part of this program and helping to guide those who are our future. I am so proud of all my team members for a job well done.

 



BCDDA Mock Trial Assistant Coaches-Matt Taylor (PV High School), Kim McNelis IPV High School) and Elizabeth Norton (LP High School)



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Judge's Panel AM Session-Jessica Miller, Jennifer Bennett and Leah Payne

*Article submitted by Deputy District Attorney Elisabeth Norton currently assigned to felony narcotics with the Butte County District Attorney's Office

 

Meet Our New BCDDAA President

BCDDA President 2014-Matthew Taylor

Matthew Taylor was elected as The Butte County Deputy District Attorneys' Association's President for the 2014 year by our members at a recent member meeting.

Matt has been serving as a Deputy District Attorney in Butte County for approximately two years.  He is currently assigned to prosecute felony economic crime.  Before being officially hired as a prosecutor for our County, Matt worked as an intern for the office.  He also interned at the U.S. Attorney's Office and the California Attorney General's Office.

Matt received his bachelor's degree in History from Southern Virginia University and his J.D. from McGeorge School of Law.  His outstanding law school performance resulted in a graduation "with distinction."  In law school, Matt was also admitted to the Order of the Barrister for his involvement with the Mock Trial Program.

Currently, Matt volunteers as a coach for the Pleasant Valley High School Mock Trial Team and has done so for approximately two years.  In addition, Matt works with the local Boy Scouts of America.  He also spent two years abroad in Poland, engaged in volunteer services for his Church.  In his spare time Matt enjoys improvisational acting, hiking, training his dog, and British History.

Outgoing President, Kurt Worley, had nothing but praise for our new leader, stating, "Matt is a thoughtful and intelligent prosecutor who cares about the direction that justice takes in Butte County and has all the motivation and acumen to fulfill the goals of the BCDDAA."

As our newly elected President, Matt is looking forward to improving our organization's community outreach, especially to victims of crime.  Matt has expressed the following regarding the BCDDAA's future:  "We plan on reviving victim and witness awards each year.  We also plan to highlight the public service our members are currently providing to the Butte County community both as professionals and as citizens.  I also want the organization to promote community investment in public safety.  To this end, the organization will take an active role in endorsing and promoting policies and candidates that we believe will best serve the public."

The BCDDAA will be in good hands in 2014 thanks to our dedicated new leader.  Join me in congratulating Matt Taylor as our new President!

Welcome

Welcome to the Butte County Deputy District Attorneys' Association's (BCDDAA) official blog.  The site is currently under development.  The BCDDAA is comprised of deputy district attorney's working in Butte County.  As a group, we share a common passion of serving our community and ensuring its protection and safety.  As prosecutors, we represent the People in the criminal justice system.  Collectively and individually we take our role as prosecutors seriously and strive to do justice for the citizens of Butte County on a daily basis.
This site will highlight our members, our function as prosecutors in Butte County, as well as the happenings of the BCDDAA in general.
Welcome!