People v. Gordon
47 Cal. App. 3d 465, 120 Cal. Rptr. 840, 1975 Cal. App. LEXIS 1038 (1975)
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Rule of Law:
The crime of solicitation is complete when the solicitation is made with corrupt intent, and it is immaterial that the object of the solicitation is never consummated or that the solicitor subsequently withdraws from the scheme.
Facts:
- Defendant Gordon, an attorney, contacted her office mate, Mr. Bane, to inquire if he knew a trustworthy police officer interested in seizing a large quantity of cocaine.
- Mr. Bane connected Gordon with Officer Joseph Stanley of the Los Angeles Police Department.
- On January 3, 1973, Gordon met with Officer Stanley and proposed a plan to 'discredit' Monroe Richman, a public official, by planting narcotics on him and arranging for his arrest.
- During the meeting, Gordon stated that such a plan 'might be worth around $10,000' and suggested using a portion of a separate, large cocaine seizure for the plant.
- In a recorded phone call on January 10, 1973, Gordon discussed the $10,000 price for the scheme and told Officer Stanley she would accept a share of '$2500' for herself.
- The following day, Gordon called Officer Stanley to inform him that she had decided to withdraw from the scheme because she feared it would jeopardize her future political career.
Procedural Posture:
- The Grand Jury of Los Angeles County indicted defendant Gordon for solicitation of a bribe.
- Gordon filed a pre-trial motion in the superior court to set aside the indictment under Penal Code section 995, which the court denied.
- Following a trial, a jury found Gordon guilty as charged.
- Gordon appealed the judgment of conviction to the California Court of Appeal.
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Issue:
Does an attorney's proposal to a police officer to frame a public official with narcotics in exchange for a share of $10,000 constitute the crime of solicitation of a bribe, even if the attorney later withdraws from the plan?
Opinions:
Majority - Compton, J.
Yes, the proposal constitutes solicitation of a bribe. Solicitation of a bribe does not require particular language and can be inferred from words intended to carry the import of a bribe. The crime is complete when the solicitation is made with the requisite intent, regardless of whether the solicited crime is ever consummated or the solicitor later withdraws. Gordon's request for Officer Stanley to wrongfully use his official power of arrest in exchange for money falls squarely within the definition of bribery. The court reasoned that Gordon sought out Stanley specifically because he was a police officer, intending for him to misuse his official capacity to make a false arrest. The evidence, including Stanley's testimony and the recorded conversations, overwhelmingly supported the jury's finding that Gordon possessed the necessary corrupt intent on or about January 3, 1973. Her subsequent withdrawal is not a valid defense, as the offense was fully committed at the moment of solicitation.
Analysis:
This case clarifies that the crime of solicitation is completed at the moment the request is made with corrupt intent, rendering any subsequent abandonment or withdrawal by the solicitor irrelevant as a legal defense. It also affirms a broad interpretation of acting in an 'official capacity' for bribery purposes, holding that soliciting an officer to misuse their powers (e.g., arrest) is sufficient, even if the specific act requested (e.g., planting evidence) is illegal and outside their prescribed duties. This precedent solidifies the focus on the solicitor's initial criminal intent and act of asking, thereby strengthening the state's ability to prosecute individuals who try to corrupt public officials, even if the scheme is ultimately abandoned.
