Is there a conflict of interest between a prosecutor and an independent prosecutor?

Like reasoning persuades us that a new trial with an independent prosecutor is also inappropriate. Penal Code section 1424 provides that recusal of a prosecuting attorney "shall not be granted unless it is shown by the evidence that a conflict of interest exists such as would render it unlikely that the defendant would receive a fair trial." Our state's highest court has [200 Cal.App.3d 1229] held that "a 'conflict,' within the meaning of section 1424, exists whenever the circumstances of a case evidence a reasonable possibility that the DA's office may not exercise its discretionary function in an evenhanded manner." (People v. Conner (1983) 34 Cal.3d 141, 148, 193 Cal.Rptr. 148, 666 P.2d 5.) Lowery has made no showing that the prosecutor made any use of the information he obtained from the tape, or that he failed to act in an evenhanded manner. We cannot discern that a prosecutor's non-use of illegally obtained evidence amounts to a conflict of interest.