Jean Daly joined Robie & Matthai in 2011 after 18 years as an assistant district attorney in Los Angeles and San Francisco. Before becoming an assistant district attorney, Jean represented a variety of law enforcement agencies in the defense of civil rights actions. She has tried more than 90 cases, including major felony and gang prosecutions. From 2001 to 2007 she served in the Target/Organized crimes division and was the acting supervisor of the Arson and Explosives Unit, developing an expertise in fire science that is directly applicable to the firm's work on insurance claims in which arson is suspected and to litigation in which the cause, origin or spread of a fire is in issue.

In 2009 she joined the Hard Core Gang Division, the most prolific trial division of the office, which exclusively handles the prosecution of gang members for homicides including special circumstances and death penalty cases.

Jean has also worked on grant applications on behalf of law enforcement agencies in cooperation with other local and state agencies to support the prosecution of domestic violence and arson for profit involving insurance fraud.

Jean's years of trial experience bring a perspective to litigation that a lawyer without courtroom experience cannot have; she knows how to identify the evidence that will be persuasive and how to synthesize that evidence for presentation to a jury. She knows how to cross-examine a witness without leaving room for evasion.

Favorite Cases

Since Jean recently joined Robie & Matthai, her favorites here are still pending, and it is not yet appropriate to include them on our web site.

A few favorites from her career as a Deputy District Attorney:

In a complex arson, insurance fraud and money laundering criminal enterprise, the defendants formed dummy corporations which would purchase run-down properties throughout Los Angeles and piggyback on prior insurance policies. The buildings would be set on fire by "arson squads," and insurance proceeds (and drug money) would be collected and laundered through the dummy corporations. A series of 35 fires were set, and $14.5 million dollars of insurance proceeds were collected by the defendants. The criminal enterprise was discovered when an infamous drug carrier was captured with 10 kilos of cocaine and decided to provide testimony as an informant as part of a plea negotiation reached between federal and state governments. Multiple talented arson investigators from ATF, Los Angeles City, Los Angeles County and Torrance determined the manner in which fires were set, and three dedicated auditors conducted a six-year investigation of the financial records. The prosecution relied upon numerous deeds reflecting the property transfers, extensive bank records, telephone records, and scientific evidence from thirty-five separate fire scenes. The defendants were convicted, receiving multiple state prison terms.

The defendant committed a series of arsons in San Francisco, which culminated in a spectacular fire in the Macy's Department store over a Thanksgiving weekend when hundreds of customers were shopping. The defendant filled multiple soft drink bottles with gasoline which were spread throughout the store and ignited with cotton cloths. Merchandise and property burned, and a security guard was set on fire. The entire inferno was captured on the store's security cameras. Analysis of the specific modus operandi of the defendant solved several prior arson fires, which were practice runs for the Macy's fire. The motive was revenge for a prior shoplifting arrest at Macy's. A San Francisco arson investigator testified at trial about the characteristics of a revenge fire setter. It was the first time a court had admitted "profile" evidence to corroborate the motive argued to the jury. The comparison of modus operandi helped jurors convict the defendant of multiple counts of arson with enhancements, second degree burglary, possession of flammable materials, assault with a deadly weapon and making terrorist threats; he was sentenced to the maximum State Prison term. The Court of Appeal affirmed his convictions in a published decision which provided a first impression interpretation of the applicable Penal Code statute.

After seven years in the Arson section, Jean transferred to the hardcore Gang Division in the Southwest District of Los Angeles, primarily focusing on the Black P. Stones. An innocent panhandler, who had a three-year old son, was gunned down for wearing a black LA Dodger cap. He was mistaken for a rival gang member of the 18th Street Gang and was shot twice in the back of the head as part of a "training mission." Although the defendant was only seventeen at the time of the murder, he was already a leader and trainer within the Black P. Stone gang and was tried as an adult. Fortunately, the abandoned murder weapon was recovered near the location two weeks after the murder. Ballistics evidence, surveillance video, DNA evidence, cell phone records and cell tower tracking assisted in identifying the defendant as one of the culpable parties. Jean detailed for the jury the culture of gangs and how trainers conduct "hunting missions" in order for new members to prove allegiance to the gang, and gain prominence within the gang, by committing violent acts. The jury convicted the defendant of first degree murder, and he was sentenced to 60 years to life in State Prison.

A Barrio Majados gang member was prosecuted and convicted of the murder of a non-gang member, a deaf mute, in 2006 and was then tried for an earlier murder committed in 2002 of a 38th Street gang member. The defendant had driven into rival gang territory during daylight hours and encountered the 38th Street gang member. They exchanged gang slang, and the defendant stepped out of his car and used an AK47 to fire multiple shots at the victim. After the victim was shot four times, the defendant stood over him and shot him twice in the head. Three young teenagers witnessed the murder. The age of the case and the reluctance of witnesses to identify gang members, for fear of retaliation, were challenging issues in the jury trial. Three witnesses were relocated after they received death threats. On the night prior to giving testimony, the primary identification witness had his home riddled with bullets and was moved to a police station for safety. The defendant attempted to escape the county jail with the assistance of the Mexican Mafia. Prior to trial, Jean received threats and was given protection. The jury quickly convicted the defendant and asked for a Sheriff escort out of the building. The first degree murder conviction and the special circumstance of a prior murder conviction resulted in a sentence of life without the possibility of parole.

Awards

• Recipient: Outstanding Prosecutor of the Year for San Francisco District Attorney's Office, 2000
• Outstanding Prosecutor of the Year for Central Operations for Los Angeles County, District Attorney's Office, 2008

Presentations

• Instructor in Forensic Evidence, Arson/Origin and Cause, for Southwestern Law School in Los Angeles, California (2007-)
• Instructor in Cause and Origin, and Arson for the California District Attorney's Association
• Instructor on Cause and Origin and Arson for the Bureau of Alcohol, Tobacco and Firearms
• Instructor on Cause and Origin and Arson for the Los Angeles City and County Fire Departments, the Los Angeles Police Department and the Los Angeles County District Attorney's office

Memberships

• Los Angeles County Bar Association
• Member, Judicial Appointment Evaluation Committee
• State Bar of California
• Association of Southern California Defense Counsel
• Women Lawyers Association of Los Angeles
• Irish American Bar Association of Los Angeles
• California Conference of Arson Investigators

Education

• Santa Clara University Law School, J.D., 1991
• University of Notre Dame, Indiana
  • Member Varsity Tennis and Softball teams

Admissions

• California Courts, 1992
• U.S. District Court: Northern, 1992, Southern, 2011, Eastern, 2011 and Central Districts of California, 1992