Can a deliberate delay by the prosecution for the purpose of prejudicing the defense justify a conclusion that a defendant has been deprived of due process?

We do not intend to imply that only a deliberate delay by the prosecution for the purpose of prejudicing the defense may justify a conclusion that a defendant has been deprived of due process. The ultimate inquiry in determining a claim based upon due process is whether the defendant will be denied a fair trial. If such deprivation results from unjustified delay by the prosecution coupled with prejudice, it makes no difference whether the delay was deliberately designed to disadvantage the defendant, or whether it was caused by negligence of law enforcement agencies or the prosecution. In both situations, the defendant will be denied his right to a fair trial as a result of government conduct. (See Penney v. Superior Court (1972) 28 Cal.App.3d 941, 950, 105 Cal.Rptr. 162.) Thus, although delay may have been caused only by the negligence of the government,

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