Just What We Needed—An Ethically Clueless Prosecutor In The George Zimmerman Case

The monkey wrench in the gears of justice is named “Angel Corey”

It was evident from her initial statement on the case, however, that an ethically clueless prosecutor is what we, and Florida, and George Zimmerman got when Angela Corey was chosen for the job. Prof. Alan Dershowitz made a quick and accurate diagnosis of her problem on cable TV, and it apparently prompted Corey, ethically clueless as she is, to settle the matter by leaving no doubt. Dershowitz reports that Corey was so enraged by his calling her unethical and incompetent affidavit of probable cause to indict Zimmerman for murder as unethical and incompetent as it was that she has threatened to sue him and Harvard University. Dershowitz reports:

“State Attorney Angela Corey, the prosecutor in the George Zimmerman case, recently called the Dean of Harvard Law School to complain about my criticism of some of her actions. She was transferred to the Office of Communications and proceeded to engage in a 40-minute rant, during which she threatened to sue Harvard Law School, to try to get me disciplined by the Bar Association and to file charges against me for libel and slander.

“She said that because I work for Harvard and am identified as a professor she had the right to sue Harvard. When the communications official explained to her that I have a right to express my opinion as “a matter of academic freedom,” and that Harvard has no control over what I say, she did not seem to understand….”

This incident indicates that Corey also does not seem to understand the First Amendment and the Constitution, which  is a serious, indeed fatal, handicap for a prosecutor. It turns out that this ridiculous conduct—-a prosecutor trying to intimidate pundits by threatening to sue a legal analyst and law professor for criticizing her handling of a high-profile case—wasn’t even an aberration for Corey. Reporter Ron Littlepage writes:

Last December when I wrote a column critical of how she handled the Cristian Fernandez case, she fired off a two-page, single-spaced letter on official state attorney letterhead hinting at lawsuits for libel.…Then there’s Corey’s spat with Sandy D’Alemberte.

D’Alemberte is a former president of the American Bar Association, a former president of Florida State University and a law professor — not too shabby in the legal credentials department. When Corey was appointed to head up the investigation into the shooting death of Trayvon Martin by George Zimmerman, D’Alemberte had this to say: “I cannot imagine a worse choice for a prosecutor to serve in the Sanford case. There is nothing in Angela Corey’s background that suits her for the task, and she cannot command the respect of people who care about justice.” Earlier, D’Alemberte had criticized Corey in the Fernandez case. The reaction then: A public records request from her office to FSU seeking all emails, text messages and phone messages involving D’Alemberte related to Fernandez….”

This is beyond unprofessional, and reaches a level of shocking incompetence, arrogance, abuse of power and stupidity.

But wait! There’s more!  Law professor William Jacobson makes the perceptive legal ethics observation that Corey has created a conflict of interest for herself that raises the question of whether she should be removed from the case. He writes:

“Will she conduct the prosecution in such a way as to achieve justice, or to set herself up for a personal lawsuit against Dershowitz and Harvard?….  By threatening suit against a critic in the middle of the case, Corey has put her own financial interests at stake in the outcome and conduct of the prosecution. Florida has adopted American Bar Association Standards of Criminal Justice Relating to Prosecution Function.  ABA Standard 3-1.3 Conflicts of Interest provides in pertinent part:

(f) A prosecutor should not permit his or her professional judgment or obligations to be affected by his or her own political, financial, business, property, or personal interests.

I don’t think the question of Angela Corey having to step down as prosecutor in the case should even get to Prof. Jacobson’s issue, however. Her conduct in threatening critics, as well as her unethical probable cause affidavit and her blatant alliance with Trayvon Martin’s parents, trumpeted in her unethical press conference, makes it screamingly obvious that she shouldn’t be a prosecutor in this or any other case.

I’ll leave the final word to Prof. Dershowitz:

“…Her beef was that I criticized her for filing a misleading affidavit that willfully omitted all information about the injuries Zimmerman had sustained during the “struggle” it described. She denied that she had any obligation to include in the affidavit truthful material that was favorable to the defense. She insisted that she is entitled to submit what, in effect, were half truths in an affidavit of probable cause, so long as she subsequently provides the defense with exculpatory evidence.

“She should go back to law school, where she will learn that it is never appropriate to submit an affidavit that contains a half truth, because a half truth is regarded by the law as a lie, and anyone who submits an affidavit swears to tell the truth, the whole truth and nothing but the truth….The judge deciding whether there is probable cause to charge the defendant with second degree murder should not have been kept in the dark about physical evidence that is so critical to determining whether a homicide occurred, and if so, a homicide of what degree. By omitting this crucial evidence, Corey deliberately misled the court.

“…That’s not the way the system is supposed to work and that’s not the way prosecutors are supposed to act. That a prosecutor would hide behind the claim that she did not have an obligation to tell the whole truth until after the judge ruled on probable cause displays a kind of gamesmanship in which prosecutors should not engage…

“Even if Angela Corey’s actions were debatable, which I believe they were not, I certainly have the right, as a professor who has taught and practiced criminal law nearly 50 years, to express a contrary view. The idea that a prosecutor would threaten to sue someone who disagrees with her for libel and slander, to sue the university for which he works, and to try to get him disbarred, is the epitome of unprofessionalism.

“If Angela Corey doesn’t like the way freedom of expression operates in the United States, there are plenty of countries where truthful criticism of prosecutors and other government officials result in disbarment, defamation suits and even criminal charges.

“We do not want to become such a country.”

Indeed we don’t. But we seem to already be a country where a local incident is blown up into a racially-polarizing national event, with the assistance of race-hucksters, an inept and biased press, and irresponsible elected officials, including the President of the United States, who annoints the victim as his hypothetical offspring. Then, when the justice system is supposed to take over and sort out the facts and the law objectively, fairly and dispassionately, the case is placed in the hands of biased hack like Angela Corey.

That’s the kind of county we are, and that’s bad enough.

_______________________________________

Pointer: InstaPundit

Sources:

Graphic: Billerico

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

New York’s Stop and Frisk Ethical Dilemma

The problem with racial profiling is that it is wrong and unfair, but it works.

Crime rates, especially gun-related killings, have dropped precipitously in New York City since Mayor Bloomberg approved an aggressive “stop and frisk” policy.  Stop and frisk, where police are allowed to stop, question and pat down an individual whom the officer has reasonable suspicion may be involved in the commission of a crime, was approved by the Supreme Court long ago. The rub is that, as documented by the ACLU, New York cops seem to automatically find blacks (54%) and Hispanics (31%)  suspicious, as they account for 85% of those stopped. Bloomberg is under fire to ease up on the program, which he says demonstrably saves lives, even though the vast majority of those stopped and frisked are innocent. Bloomberg, using statistics derived from pre-policy shooting deaths and the numbers of illegal guns the frisks have discovered, told the press that 5,600 New Yorkers live today because of police suspicions. Continue reading →

AM Cable News Horror: Fox Eliminates All Doubt

Unfair, imbalanced, and proud of it!

Thoroughly traumatized and disillusioned by the blatant partisan cheerleading on CNN’s “American Morning”–courtesy of Carol Costello and Soledad O’Brien—-I made the quite idiotic mistake of having today’s morning coffee to “Fox and Friends,” the Fox News counterpart. Despite the fact that I already knew that jumping from CNN to Fox News as a respite from biased reporting was like leaving the Titanic for a quiet voyage on the Hindenburg, I was still shocked at what I saw.

Head morning stooge Steve Doocy introduced “a look back” at President Obama’s 2008 campaign. What followed was a long, slick attack ad, contrasting film footage of various Obama “Hope and Change”- themed speeches and campaign pledges, such as his infamous promise to halve the deficit by the end of his first term, intercut with contrasting images, statistics and graphs making a mockery of his words. “Ah!”, thought I. “They are showing the latest Republican National Committee ad. I certainly hope the Republicans paid the going rate for this, because it would be unethical for Fox to show a complete, three-minute GOP anti-Obama ad gratis on the pretense of analyzing it.” I have seen this trick on CNN and NBC, and it is abysmal broadcast journalism.

I am relieved to report, however, that this is not what Fox News did this morning, because the video was not made by the RNC, and it wasn’t produced by an independent pro-Republican PAC, either.

It was produced by Fox News. Continue reading →

Is It Fair For A Business To Discriminate Against the Homely?

 

Take your pick!

The EEOC is investigating a popular Boston area coffee shop chain, alleging that it discriminates in favor of attractive young waitresses to the detriment of older or more homely waitresses. The management of Marylou’s disputes the accusation, arguing that its hiring pool is disproportionately young and attractive.

I don’t want to get into the actual guilt or innocence here, but rather muse about the ethical issue. Should there be laws preventing employers from using attractiveness as a criteria in hiring, if it is relevant to the success of the business, or even if it is not? If a coffee shop owner’s patrons are overwhelmingly male, and the owner believes that having waitresses who look good in a starched uniform makes the customers happy and more likely to spend their money, why should the law prevent that? Is there anything really wrong with the conduct? Continue reading →

Is Elizabeth Warren A Pit Bull?

You never know.

Lucky for her, she doesn’t look like one. Then again, she doesn’t look like a Cherokee, either…

After all, it is even easier to be designated a “pit bull” than a Cherokee, believe it or not. As a result, hysterics in the public and on the Maryland Court of Appeals have decided it is prudent to engage in the kind of bias and fear-driven racism regarding pets that would be condemned as brutally unjust if applied to humans.

The Maryland Court of Appeals ruled that “pit bulls” are “inherently dangerous” and will be subject to higher levels of liability, meaning, among other things, that there will be no “one bite rule” for these dogs, the usual trigger for determining whether a canine is a risk to humans, and that landlords will be forcing tenants to either get rid of their “inherently dangerous” dogs or move out. The ruling is  the result of bad reasoning, bad information, bad statistics and bad law, not to mention bias. What kind of legal standard depends on a term that has no definition and no way to determine what fits it? Yet that is what the Maryland pit bull ruling does.

As I have noted here in other posts, “pit bull” is a generic term applied to several bull dog and terrier-mix breeds, and mistakenly to up to 25 other breeds as well. This renders the deceptively used statistics of anti-pit bull zealot organizations like Dogs Bite.org completely worthless. I would say completely useless, but there are useful…for getting  perfectly gentle and trustworthy dogs killed. In its compiled statistics of deadly dog attacks, the organization states that “pit bull-type dogs” are responsible for 59% of fatal attacks on humans, contrasted with specific breeds like Rottweilers. The category of “pit bull-type dogs,” however, includes at least five distinct breeds that are often called “pit bulls”—  the American Bulldog, American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, Bull Terrier, and the Mini Bull Terrier. Anti-pit bull breed-specific legislation also includes absolutely non-pit bull breeds in its definition of “pit bull types” in many jurisdictions, breeds like the Boxer, Bull Mastiff, Boston terrier and French Bulldog, the last two especially deadly threats to lick you into submission. Such laws are, in truth, dog legislation created by people who know nothing about dogs, but who are perfectly willing to take responsible people’s loving pets away and kill them if it will mollify some phobic voters.

Then there are the dog breeds that may be called “pit bulls” by dog attack victims who can barely tell a dachshund from a Great Dane. Among those “pit bull-type breeds” are the Alpha Blue Blood Bull Dog, American Bulldog,  American Pit Bull Terrier, American Staffordshire Terrier, Banter Bull Dogge, Black Mouth Cur, Boston Terrier, Boxer, Bull Terrier, Bulldog, Bull Mastiff, Cane Corso, Dogo Aregentino,  Dogo Canario, Dogue De Bordeaux, English Bulldog, English Mastiff, Fila Brasileiro, Fila Mastiff, French Bulldog, Italian Mastiff, Mastiff, Mini Bull Terrier, Neapolitan Mastiff. Old English Bull Dogge, Patterdale Terrier,  Presa de Canario, Staffordshire Bull Terrier, Spanish Mastiff, and the Valley Bulldog.

So what does the predominance of “pit bull type dogs” in the dog bite statistics tell us? It tells us that a lot of fearful, ignorant people—and judges— don’t know what pit bulls are, but they are afraid of them and want to wipe them off the face of the earth anyway.

For the record, there is only one true pit bull, the American Pit Bull Terrier, which looks like this:

Continue reading →

Unethical Quote of the Month: Howard Kurtz

“Brinkley’s book will undoubtedly tarnish the Cronkite legacy. But my admiration for the man is only partly diminished. Perhaps it is too easy to judge him by today’s standards, any more than we should condemn Thomas Jefferson for owning slaves. Perhaps he simply reflected his times, when some journalists and politicians quietly collaborated, when conflicts of interest were routinely tolerated, when a powerful media establishment could sweep its embarrassments under the rug. Cronkite thrived as television came of age, always protecting what we would now call his brand. That’s just the way it was.”

—-CNN good journalism watchdog Howard Kurtz, closing his review of the new Douglas Brinkley biography of Walter Cronkite, which shows that the legendary paragon of broadcast journalism was biased, often dishonest, and frequently conflicted.

No, no, no, no.

And that’s the way it wasn’t…

The “things were different then” excuse won’t fly as a defense of Cronkite, and shame on Howard Kurtz, who is supposed to stand for ethical journalism, for trying to rationalize the obvious conclusion demanded by Brinkley’s biography. That conclusion is that there was no Golden Age of TV journalism, and that rampant liberal bias infected the nightly broadcasts then as now, but we were too trusting and unsophisticated to realize it. Kurtz spends an entire book review extracting information Brinkley uncovered that proves Walter Cronkite’s image as an objective, incorruptible truth-teller was a lie, and then attempts to make the case that we shouldn’t judge him harshly.

Why? Because he was one of Kurtz’s heroes? Perry Mason made me want to be a lawyer, and it wasn’t until I became one that I realized that the fictional defense attorney was the sleaziest criminal lawyer this side “The Practice.” Tarnished heroes are part of growing up, Howard. Don’t pretend that journalistic ethics were different then…journalism schools were teaching objectivity, transparency, fairness, honesty and avoidance of conflicts of interest when Walter was saying “And that’s the way it is!” in a high soprano. Yet Brinkley shows that he… Continue reading →

Ethics Alarms Lubricant 1: Jennifer Rubin on Intimidating the Supreme Court

Whatever one may think about the Constitutionality of the individual mandate provision of the Affordable Care Act, also known as “Obamacare,” it is a difficult and complex question. Anyone who argues otherwise 1) doesn’t know what they are talking about, 2) is lying, or 3) is basing their opinion on ideological considerations rather than legal ones. The members of the Supreme Court, which must decide the question (and in fact have almost certainly decided it) do know what they are  talking about, and while they all have ideological tilts in the sense that each gravitates to a particular Constitutional philosophy, political considerations, ideas pushed by the media and the popularity of particular legislation are supposed to play no part whatsoever in their deliberations.

The degree to which the Democrats, led by President Obama, have attempted to intimidate, hector and insult the Court into deciding the case in favor of the mandate is unprecedented in my lifetime, and I think it is unprecedented period. The advocates for the law had its legal representative make their case before the Court, and by all accounts he either botched it, or didn’t have points strong enough to withstand the challenges posed by the Justices in oral argument. Fearing that their landmark legislation that was passed by a whisker will topple because of the flawed cornerstone that its architects foolishly, arrogantly and unnecessarily placed at its foundation, Democrats have been pre-emptively impugning the honesty of the Court, essentially arguing that if the law is overturned, it will only be because of political favoritism and bias. It has been a disgraceful display, and is a despicable tactic. Continue reading →

Insidious Bias: CNN’s “Question of the Day”

“Today’s CNN Question of the Day: Do zombies make good Presidents?”

It is increasingly obvious that as President Obama’s re-election prospects appear more perilous, the mainstream media will throw objectivity, fairness and journalistic ethics to the winds in order to improve his prospects. Is this unfair, irresponsible and dishonest? Of course.

The trend is only beginning, but it is alarming to speculate how much worse it will get. It is only May, and the Washington Post has already published anti-Romney hit-pieces based on a prep school hazing incident and, this week, an 1897 massacre perpetrated by Mormons on Arkansas settlers. Yes, that’s “news” if you are dedicated to protecting your favorite President, and the fact that his Justice Department appears to be engaged in an illegal cover-up and obstruction of justice isn’t.

CNN’s mornings, meanwhile, are fast becoming the site of blatant and insidious Democratic Party propaganda. I swear, it wasn’t my fault: I have sworn off watching CNN’s twin Obama operatives, Soledad O’Brien and Carol Costello, for their routine pro-Democratic bias and sly Republican bashing, but my wife had switched on CNN just as I came into the living room to drink my first cup of coffee. Just as I reached for the remote, Costello made my head start to explode one more time, announcing, “The Question of the Day for viewers: Do CEO’s make good Presidents?” Continue reading →

Recipe Rationalizations

Go ahead: tell him that recipes are trivial.

The Elizabeth Warren recipe plagiarism is turning into a fascinating study of whether objectivity and fairness can survive partisanship. So far, the results are depressing.

There is increasingly persuasive evidence that the recipes contributed by “Elizabeth Warren, Cherokee” to the cookbook “Pow Wow Chow” were not Native American recipes passed down over generations as Warren represented them, and that she 1) knew this and 2) intentionally misrepresented and disguised their origins while lifting them, barely altered, from other published sources. Faced with this, Warren supporters are falling back on classic rationalizations rather than accepting, reluctantly, the obvious import of the data: their candidate is an untrustworthy faker.

Howie Carr, the Boston radio talk-show host who initially uncovered the plagiarism in “Pow Wow Chow,” reveals more details of one of Warren’s apparent thefts in today’s Boston Herald. For her version of the recipe for “Herbed Tomatoes” that she lifted from the September 1959 edition of Better Homes and Gardens, Warren made a few strategic changes, Carr reports.  She cut one the “one-half teaspoon monosodium glutamate” from the ingredients ( “Apparently MSG was not available at the Muskogee Stop & Shop in 1856,” writes Carr) and also eliminated the option of using margarine rather than butter, since “I Can’t Believe It’s Not Buffalo Grease” was not on the shelves of her elusive Cherokee ancestors. This indicates an intent to deceive by Warren, in addition to her plagiarism.

Central to the defenses offered for Warren by Democrats are the following classic rationalizations: Continue reading →

Let’s Play “Spot the Ten Outrages!” (Public School Version)

Here we have a video, taken with a North Carolina high school (North Rowan High School) student’s cell phone during class. (yes, it just points at the ceiling. It’s the audio that matters):

Now lets’s play…SPOT THE OUTRAGE!

(There are ten!)

OUTRAGE 1: Does this sound like a class in session to you? Students are laughing and joking, barely paying attention. What kind of learning can occur in such a a chaotic environment? Do parents realize this is what school is like today?

Is the fact that a student is recording the class without the teacher’s consent an ethical breach? Once I would be tempted to answer yes: recording without permission is always unfair and a Golden Rule violation unless there are special circumstances. However, special circumstances were present, and may be present in more classrooms than our fragile sanity will permit us to accept. I now think perhaps all public school classrooms should be videotaped, all the time.Then we would quickly know the extent of our education catastrophe, as horrifying as that would be.

OUTRAGE 2: The teacher of the social studies class presents as the“fact of the day” the Washington Post sliming of Mitt Romney based on his mistreatment of a fellow student in his prep school days. In itself, this is not an inappropriate topic for discussion by a high school class, as the story raises many fascinating issues. How much do the students feel their conduct during their tender years should count against their character 50 years hence? Is it relevant to the presidential election in any way? How have attitudes toward “sissies,” gays and less-than masculine boys changed since the early Sixties, if at all? How have attitudes toward and awareness of homosexuality? What does this story say about the objectivity of the  press? Is it fair? None of these legitimate and discussion-worthy questions, however, seemed to occur to the teacher, who was simply trying to show that “Romney was a bully in high school” in a clumsy and transparent effort to indoctrinate her students in her own political views. Continue reading →