Service ∙ Hard Work ∙ Transparency ∙ Integrity
Vo l . 1 , 2 0 1 6
Three Trials, Testimony,
Trauma…and Trust
At these times – and they are increasingly
frequent - he seeks one of the few things in
his broken life that can calm him down. He
finds Deputy District Attorney Troy Benson
sitting across the dining room table. The
lawyer looks at him squarely, almost sternly.
“It’s okay, Gary, it’s okay.” Only then does the
victim of one of the county’s most horrifically
violent home invasions slowly stop shaking
and sobbing.
Before all of the trials, Wise had no clear
concept of a prosecutor’s job.
“When I realized what he did, I just fell in love
with him,” he said of Troy. “I knew he was
kick-ass cool. I knew he had my back. I knew
whatever I did he would be there, to walk me
through it, to talk me through it.”
The relationship between the two men – the
crime victim and the prosecutor of the men
who brutalized him - was soldered during
three trials over four years.
Gary Wise’s eyes dance around his boxer’s face as he talks about his
collections – a box of cowboy belt buckles, movie posters, children’s books,
model cars, a massive jar filled with childhood marbles, “the best cookie jar
collection anyone ever had,” a safe cluttered with antique rifles.
He admits that as much joy these things have brought him over the years, they
damn near got him killed. As he tells about the terrible thing that happened to
him five years ago with pool cues and pliers, he starts to tremble.
The palsy starts in his calloused hands, then in his shoulders. Soon his entire
body is taken over with seizures of sadness. Gilroy’s Gary Wise – the 64-yearold sailor-mouthed, Dirty Harry disciple who has ridden bucking bulls and
brawled in bars - begins to cry like a child.
“Each time he took the stand I knew he was
reliving it,’’ Troy said.
Each time, just before the flashbacks and
fear took over, Troy would ask him the same
question: Gary, do you want me to settle?
Kasey Halcon, who heads the County’s
Victims Services Unit, says that crime
survivors can be severely re-traumatized
by testifying. They must recount – with
excruciating detail - the worst thing that has
ever happened to them in front of strangers
and, worse, the very person that hurt them.
(continued on page 2)
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In some cases, victims simply refuse
to take the stand. Others cry, or shut
down entirely, frozen with anxiety.
There are ways to calm the fears –
court tours is one example – but the
reality remains that some victims
cannot avoid the psychological pain
that comes with taking the stand.
In some cases, prosecutors can try
a multiple defendant case in front of
multiple juries at the same time to
reduce the number of times a victim
has to testify. But – for a variety of
reasons – this did not happen in
Wise’s matter.
they draw a professional line between
themselves and their victims, and try not
to cross it. Others – especially dealing
with victims of violence - develop closer
bonds crafted as they spend weeks and
months together trying to find justice.
“Victims are more than just evidence,”
Halcon said. “They are human beings.”
Troy said he has kept in contact with a
handful of the victims in his cases over
his long career as a prosecutor. He
said: “I don’t think my job ends after a
conviction.”
Troy would nod, thinking, but not
saying: I hope you will, Gary.
Troy said that he always felt a bond with
Gary. The tall lawyer with an art degree
from USC and the Delmar High grad built
like a fire hydrant are two decades apart
in age, as physically and professionally
different as two San Jose natives
could be. There was something in their
disparate personalities that clicked. They
were both – Troy said – good, old boys.
Relationships between prosecutors
and victims run the gamut. Some
prosecutors view their role as a legal
surgeon. While never being cold,
“Growing up here I’ve known people like
Gary all my life,’’ the veteran prosecutor
said. “Cowboy boots and go carts and
guns. The guys who like to go out fishin’.
Through his tears and trials, Wise
would roar curses at Benson.
Goddammit, I don’t want them out!
Next time they will kill someone, Troy! I
will make it through!
defendant, who had refused a court offer
of 60 days on electronic monitoring at
the start of the trial, was sentenced to 11
months in county jail.
--------------
In trial, the defense attorney had a unique
defense for his client, the brother of a
man who killed a couple in front of their
young children. His client had helped the
fugitive murderer escape to Mexico in
order to protect the community.
Deputy District Attorney Carolyn
Malinsky convinced the jury that the
defendant’s reasoning did not make
sense. A. It did not matter if that was his
intent, he was still guilty of the charge. B.
The decision to help a murderer escape
was not the defendant’s to make. It didn’t
protect anyone, except the murderer.
The jury deliberated for two hours and
came back with a guilty verdict. The
During the late 1970s and 80s, a sexually
violent predator (SVP), kidnapped,
tortured, and sexually assaulted several
teenage girls. Overwhelmed with guilt, the
SVP drove one victim to the hospital after
attacking her. Deputy District Attorney
Pinaki Chakravorty pointed out that
even though the SVP has some level
of empathy for the victims, the SVP still
needed to complete therapy before being
released into the public. The judge found
the SVP’s non-attendance of sex offender
therapy crippling to the petition. It was
denied and the SVP was sent back to the
forensic hospital.
-------------Some drug pushers in downtown San
Jose are getting savvier. They no longer
carry the tell-tale evidence – scales,
baggies, extravagant amounts of drugs
and cash. The defendant, caught stealing
a San Jose State University bike,
I don’t do any of those things, but I’m
very comfortable with them.”
Although it would sometimes take
days of testimony told through tears
and with his eyes focused on Troy’s
face the whole time – Wise would tell
his awful story.
That night the only thing he thought
was odd as he opened his front door
was “Where the hell are Buddy and
Hershey?” - his friendly labs. He
didn’t get through the door when the
first of many blows landed on his
head. The men – who had locked the
dogs in a breezeway - tied him to a
chair with furniture dolly straps and
put a bleach-soaked towel over his
head. They battered him with his own
hand-crafted Minnesota Fats-signed
pool cues so hard that they shattered.
They rammed pliers inside his nostrils
and twisted until he told them how to
open his safes.
It takes Wise some time to rationalize
why he didn’t tell them how to open
(continued on page 4)
was found with multiple bindles of
methamphetamine, totaling just over
two grams, and $15 in his pockets.
His attorney contested a charge
of possession for sale of
methamphetamine, claiming the drugs
were for personal use.
Deputy District Attorney HaNhi
Tran countered by calling on San
Jose PD Narcotics Expert Officer
Adam Jenkins. The officer painted
the unique downtown drug scene
for the jury: sellers eyeballing drug
amounts to avoid carrying scales,
groups working together to avoid
carrying large amounts of inventory and
cash, and drug pushers targeting the
highly vulnerable and transient addict
population.
The jury found the defendant guilty of
grand theft of the bike, but hung on the
possession for sale charge. Not giving
up, DDA Tran pushed for a retrial. The
defendant ultimately pleaded guilty to
the charge of possession for sale of
methamphetamine. He was sentenced
to one year in county jail.
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Q&A
... with Nahal Iravani-Sani
Deputy District Attorney
Nahal Iravani-Sani’s spring to-do list: get kids off to
school, prosecute sex offenders, coach the high school
mock trial team, and celebrate
Nowruz - the Persian New
Year – with Michelle Obama at
the White House. The IranianAmerican prosecutor’s whirlwind
schedule combines her passion
for public service and her pride in
her Persian heritage.
Q: What was your first memory of Iran as a little girl?
A: My first childhood memory from Iran is the first snowfall
of the season. I remember looking outside of our family
room window and being mesmerized by the carpet of snow.
Overnight the snowfall had covered our entire front yard –
our beautiful rose garden. I couldn’t wait to go out and build
a snowman. A lot of Americans may be surprised at that,
because if they have not traveled to that part of the world,
they may think of Iran as having a hot, arid desert climate. It
actually has four seasons: beautiful springs, hot summers,
gorgeous fall foliage, and then cold, blistering winters.
Q: I think the progenitor to your legal career was your
work in college debates and speech clubs, right? That
fascinates me because English is not your native
language.
A: Before college, I loved drama and performing arts. As an
immigrant, I was somewhat shy, but school plays gave me an
opportunity to be on stage and be somebody different. Then,
in college, my mom encouraged me to take a speech and
debate class. I remember my heart pounding when I had to
give that first speech in front of the class. Then after I got my
review back from the professor, he had written on top “You’re a
natural.” He recruited me for the Forensics Team – the Speech
& Debate Team.
Q: How did you go from being good at speech and debate
to wanting to practice law?
A: The Forensics Team was definitely formative. I was
encouraged to pursue broadcast journalism, but I was not
100% sure. I did an internship at CNN in Washington, D.C.
during the summer before my senior year to try things out.
My internship was from 3:00 p.m. till 10:00 p.m. and guess
what I did in the mornings? I studied for the LSAT. I was
conflicted. On one hand, maybe as a product of Persian
parents and the focus on higher education being ingrained
in me, I thought I should pursue law. On the other hand,
I really liked the investigative, community outreach, and
public speaking aspect of broadcast journalism. So I
decided to parallel play both options for a while and see
what happens. And here I am. My interest in trial advocacy
brought me here. My passion for public service and victim
advocacy kept me here.
Q: How do people react to your background?
A: In Santa Clara County, we are blessed to be living in a
melting pot society so I am not that different from everyone
else. But when I was new at the office 20 years ago, a
lot of times people didn’t expect this petite, olive skinned
young woman in the court room to be the prosecutor. I
remember being approached by a private defense attorney
asking, “Excuse me. Are you the Spanish speaking
interpreter? Do you know when the DA is going to get
here?” I said, “No, I don’t speak Spanish and I am the DA.”
Q: As an Iranian-American, what are your thoughts on
being acknowledged by the White House during this
Persian New Year?
A: Aside from the overwhelming personal pride and
honor, the White House invitation speaks volumes to our
community - and hopefully the community at large - about
the President and First Lady’s commitment to diversity.
Mrs. Obama said, “It is important to remember that our
diversity has been and will always be our greatest source
of strength and pride here in the United States.”
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WHAT’S GOING ON?
Chris Arriola, Supervising
Deputy District Attorney,
received the George W. Kennedy
Excellence in Prosecution Award
on April 7, 2016.
WEST WING GALLERY
(CLICK each photo to read a story in electronic version or visit www.santaclara-da.org)
Diana Ong, Senior Paralegal,
received the District Attorney’s
Office Employee Excellence
Award for February 2016.
Changing the World from Here
Real Estate Fraud Symposium
Chris Boscia, Deputy District
Attorney, received The Young
Alumnus Rising Star Award from
Santa Clara Law on March 19,
2016.
Melinda Morillo, Legal Clerk,
received the District Attorney’s
Office Employee Excellence
Award for April 2016.
... Gary and Troy
(Cont. from page 2)
Leap of Faith
recognize him at first. She gave him a
glass of water and called 911.
them right away. What was worth all that pain?
He spent years amassing his collections – a
Nolan Ryan medallion, a first edition of the
“Little Engine that Could,” and guns of all ages,
shapes and sizes.
Sheriff’s investigators traced a
craigslist entry for a pair of Wise’s white
motorcycle boots to a fence and finally
to the defendants. One of them turned
out to be Wise’s neighbor.
They all hold little financial value for him now,
he’s sold most of them off since the attack,
but he wants to give what’s left to his young
son someday. That night, he felt like they were
stealing his legacy.
He only knew the men were gone by the
silence. It was around midnight. His head rang.
It contained a barely cogent thought, as he sat
bleeding in his rural ranch home near No Name
Uno Road: No one will ever find me.
After he made it through the preliminary
hearing and the three separate jury
trials, every one of them was convicted.
All four – convicted of a barrage of
charges including the rarely applied
torture felony - were sentenced to life,
without parole. Wise wanted death. Troy
explained why that couldn’t happen,
and why he couldn’t let Gary have just
one minute in his attackers’ holding
cells.
He stumbled to the kitchen knives and managed
to cut his bonds. He stumbled to his bed. He
passed out. When he woke up, Wise stumbled
past the dark field of walnut trees to the nearest
house. He arrived there – about a quarter mile
away - six hours after the attack. He was so
bloody and swollen that his neighbor did not
One of Gary Wise’s eyes is held in
with wire mesh. He is almost deaf in
one ear. He is clearly struggling with
psychological scars from the attack.
One minute he is cackling as he tells
the tale of how he killed the stuffed
wolverine that guards one of his safes.
Super Bowl 50
The next he is suicidal, saying
his life is a complete mess.
Troy puts his larger hands over
Wise’s, and says “Now, Gary.”
The two hug goodbye like
brothers.
“Nobody can convince me that
anyone would have done a
better job than Troy,” he said.
“He never let me down.”
As he drives away, Troy makes
a mental note to call Gary up
after work, maybe talk about
their kids, ask about that giant
jar of marbles, dirt track racing,
whatever. No real subject or
reason. Just to make sure he’s
doing okay.
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