Governor Greitens And The Unethical Release-Dismissal Tactic

(The gun being held to the signer’s head is out of the frame…)

The resignation of Missouri Governor Eric Greitens (R), a result that appears to have been over-due, deserved, and necessary, also involved a common form of unethical prosecution. The device is called Release-Dismiss, and it looks, smells and feels unethical. Nevertheless, the Supreme Court and most of the states continue to allow it. They shouldn’t.

Greiten’s resignation came as a result of a plea deal after St. Louis Circuit Attorney Kim Gardner agreed to dismiss charges that Greitens tampered with a computer donor list of a veterans’ charity he founded. The deal also included Grietens’ promise not to sue Gardner or her office.

Greitens’  legal fees were over $2 million, he said,  and he could not afford to go to trial on the charges.  Gardner  said  she was confident she had  the evidence required to convict  Greitens. (That’s what they all say.) But the fact remains that the threat of criminal prosecution was used to pressure Greitens into giving up his civil rights.

In a scholarly paper on this maneuver, one authority writes,

A phenomenon exists in the criminal justice world which allows a prosecutor to strike a bargain with a criminal defendant, permitting them both to cut their losses and walk away from a mutually bad situation. On occasions where arrested individuals may have been wronged by public officials in the course of their arrests, prosecutors may legally agree to dismiss defendants’ criminal charges in exchange for releases by the defendants of any civil claims arising from the arrests. The release-dismissal agreement, and variations upon its theme,’ have been the subject of controversy for several years.

Its supporters rely on the obvious efficiency embodied in the situation. Despite this efficiency, such agreements are dangerous, detrimental to the criminal justice system, and against the better interests of society.

I agree. So does Professor Turley, who wrote, Continue reading

Morning Ethics Warm-Up, 1/17/18: Have You Heard About The Adulterous Governor?

Good Morning!

Just one issue to warm-up with today, but a juicy one, with sex, lies, and tape! Two kinds of tape, in fact…

I find it peculiar that the travails of Missouri Governor Eric Greitens have received such light coverage in the news media; after all, this is great chance to embarrass a Republican. If you missed the story, it goes like this:

During his campaign later during his first year in office as Missouri’s Governor (he began his term a year ago), Eric Greitens proclaimed himself a family values guy. During his campaign announcement, he stated: “I’m Eric Greitens, I’m a Navy SEAL, native Missourian and most importantly, a proud husband and father.” Rumors of past extra-marital dalliances surfaced, and the Governor denied them.

An un-named lover’s ex-husband,however, blew the whistle to the news media, providing an incriminating tape in which the woman said she had a single sexual encouter with Grietens  and that he tried to blackmail her to ensure her silence.  “He took a picture of my wife naked as blackmail. There is no worse person,” the ex-husband told reporters. There are also allegation that Grietens slapped her. The woman  has not made an on-the-record comment about the story.

In a recording released by CBS News, the unnamed woman is heard saying,

“I knew he was being sexual and I still let him. And he used some sort of tape, I don’t know what it was and taped my hands to these rings and then put a blindfold on me. He stepped back and I saw a flash through the blindfold and he said you’re never going to mention my name, otherwise, there will be pictures of me everywhere….He tried kissing my stomach and tried to kiss me down there but didn’t quite get there because I flipped out and I said you need to stop.”

Last week, the Governor and his wife released this statement:

“A few years ago, before Eric was elected Governor, there was a time when he was unfaithful in our marriage. This was a deeply personal mistake. Eric took responsibility, and we dealt with this together honestly and privately. While we never would have wished for this pain in our marriage, or the pain that this has caused others, with God’s mercy Sheena has forgiven and we have emerged stronger. We understand that there will be some people who cannot forgive – but for those who can find it in your heart, Eric asks for your forgiveness, and we are grateful for your love, your compassion, and your prayers.” 

Sheena Greitens added:

“We have a loving marriage and an awesome family; anything beyond that is between us and God. I want the media and those who wish to peddle gossip to stay away from me and my children.” 

The allegations of blackmail and now of battery are being investigated. Some lawmakers from both parties are calling on the Governor to resign.

Last week, an attorney for Governor Greitens released the following statement:

“We have been asked repeatedly by reputable news outlets why we believe this nearly three-year-old news story is coming out now. The latest reporting has finally disclosed that the reporting was being driven by a “source” who is the former Democrat state party chairman and who apparently has not spoken to the person in question. This goes a long way to explaining what is going on – this is a political hit piece.

This is and remains an almost three-year-old private matter with no matter of public interest at stake. Eric and Sheena have worked through those issues long ago and I think that Sheena put it best: ‘We have a loving marriage and an awesome family; anything beyond that is between us and God. I want the media and those who wish to peddle gossip to stay away from me and my children.’ Now we know who has been peddling that gossip.”

Thoughts: Continue reading