The Most Unethical Prosecutor Of All: Baltimore’s Marilyn Mosby

Mosby

In a legal ethics seminar I taught this week for government attorneys, the vast majority of them voted that Marilyn Mosby’s vainglorious announcement of charges against six officers in the death of Freddie Gray was prosecutorial abuse, and a blatant violation of professional ethics rule 3.8, which directs that (this is the Maryland version)…

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;


(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Of course it was a breach of ethics, and an outrageous one. Her statement, which I discussed here, not only overstated her justification for bringing the charges, which were rushed and announced before a careful investigation was completed, it also stated that the officers were guilty, and worse, that the charges were being brought because the demonstrating and rioting protesters has demanded it. Mosby’s words suggested that she stood with the mob. Continue reading

Statutory Rape Case Study: The Ethical Necessity Of Prosecutorial Discretion

animal-house-1

Reason tells the troubling story of computer science majoring college student Zach Anderson, 19, who made the acquaintance of a girl  on the “Hot or Not?” app. He was in Indiana, she was in Michigan, a short drive away. They arranged a sexual liaison, a one-time hook-up. The girl lied about her age, though, in person and on her website profile: she was really just 14, just like innocent Larry “Pinto” Kroger’s seductive girl friend in “Animal House” (shown above in her last-second moment of candor*) and thus unable to legally consent to sex. Unlike Pinto, Zach’s fate wasn’t amusing. He  was arrested and tried.

The girl admitted that she lied about her age, and her parents didn’t blame Zach. They asked that the case be dropped. It wasn’t. Without a defense on the facts of the case, Zach made a plea bargain, pleading guilty in exchange for the prosecutor’s promise not to oppose his request for leniency under a Michigan provision for first-time sex offenders under 21 that allows them to avoid off the sex offender registry. The prosecutor then double-crossed him, technically not opposing leniency but reminding the judge that he had rejected such appeals to the leniency provision in the past. (Yes, that is opposing it. Yes, that’s unethical. Yes, the prosecutor is an asshole.)

Then Berrien County District Court Judge Dennis Wiley sentenced Anderson to 90 days in jail and placed him on the Sex Offender Registry for 25 years, lecturing him: Continue reading

Unethical Words And Actions Have Consequences Dept.: The Baltimore Shooting Spree

baltimore-police-attacks

Since the Freddie Gray incident, Baltimore’s murder and criminal violence rate has climbed to record-setting levels, with over a hundred shooting deaths in the city this year. The Charm City’s police reported that 28 people were shot, and 9 of them killed, over the Memorial Day weekend alone.

Speaking to CNN anonymously, a Baltimore police officer attributed the spike to police officers in his city no longer doing their job proactively. This wasn’t a slowdown, he said, just low-risk policing, and the criminals are taking full advantage.

This seems extremely likely, and I would expect that the same phenomenon will take hold in other city police forces unless national leadership takes steps to…oh, what am I talking about? That’s not going to happen.

President Obama and Eric Holder’s racialized Justice Department planted the seeds of this with their irresponsible response to the Trayvon Martin and Mike Brown shootings, and those responses were modeled by a biased, unethical and politically ambitious state’s attorney in the Freddie Gray death. The war on police officers by African-American activists, Democrats and the Left was bound to have the result we are now seeing in Baltimore. Either the opportunistic pols, pundits and race-baiters wanted this, or they were too focused on gaining a political edge to foresee it. Now they are reaping what they have sown, and we should not allow them to deny accountability.

Why would any police officer engage in proactive policing when an unexpected turn of events, a resisting suspect or a single mistake in judgment under pressure will trigger protests and prejudging by mobs and the media, resulting in show trials ordered by cowardly prosecutors regardless of the evidence? It is a no-win situation for police, with personally, financially and professionally catastrophic consequences to an individual cop who ends up in the maw of one of these public lynchings. I expect that the next shoe in the process of dropping will be a sharp reduction in police recruits, except of the type that departments use at their peril.

There is no reason for any sane or intelligent individual to subject themselves to working conditions like this, where a disproportionate number of criminals and suspects he or she is going to encounter are African American, and any negative consequences to one of them under ambiguous circumstances will be attributed to racism, bias, homicidal tendencies or hate. We are going to end up with police forces made up entirely of insane or stupid cops.

CNN’s Carol Costello interviewed an African American community activist from Baltimore and asked the question I just did. His answer was a defiant “Because it’s their job!” Wrong. The job was not accepted with the risk of being thrown to the dogs by the Justice Department, state and local officials as an agreed-upon condition of employment. Police must be able to assume, as they once could, that the city, state and national leadership will support them and be reasonable regarding the occasional tragedies that the nature of the job will inevitably entail. Now they clearly cannot.

Had the pendulum swung too far to giving police the benefit of the doubt in every instance? Absolutely. Where the pendulum is swinging now, however, will result in urban chaos. That chaos, ironically, will fall most heavily on African American. Continue reading

A Particularly Dangerous Ethics Dunce Display: State’s Attorney Marilyn Mosby’s Unethical Statement Regarding Charges In The Death Of Freddie Gray

State’s Attorney Marilyn Mosby announced today that the six Baltimore police officers involved in the arrest and subsequent death of Freddie Gray  have been charged with criminal charges  second-degree murder, manslaughter, second-degree assault, vehicular manslaughter , and misconduct in office. I have no comment on that: I haven’t seen the evidence. I will assume the charges are justified base on what evidence there is.

Nonetheless, Mosby’s announcement and related statements from  the steps of Baltimore’s War Memorial Building were unethical, and indeed  constituted a professional ethics breach:

  • Mosby said she told Gray’s family that “no one is above the law and I would pursue justice upon their behalf.” Unethical. Her client isn’t the family. Her client is the state. If the evidence appears too weak to get a conviction based on any new revelations, her duty to her client, which only requires justice, not justice for any party, would be to drop the case. Telling the family that she is working “on their behalf” is either a lie, or, if true, unethical. She is not their lawyer or the victim’s lawyer.
  • “I heard your call for ‘no justice, no peace,'” she said. “Your peace is sincerely needed as I work to deliver justice on behalf of this young man.”

Ugh. Again the “on behalf of” misstatement. Worse, though, is “I heard your call for ‘no justice, no peace.” What are we to take from this statement, other than the disgraceful admission that the indictment is in response to mob violence and threats of more? She may not say that. By saying it, she has undermined the rule of law. Prosecutors must not”hear” demands that a citizen be prosecuted, or not prosecuted. They are ethically obligated to ignore them, and do what the evidence dictates.

The demonstrators obviously got her meaning. Desmond Taylor, 29, shouted to the crowd,  “This day means that your actions bring consequences in Baltimore City.”

Imagine what else riots and arson might bring! Continue reading

A Remorseful Prosecutor Apologizes

Above: Glenn Ford Today. L-Ford in 1983 R-The apologetic prosecutor

Above: Glenn Ford Today. L-Ford in 1983 R-The apologetic prosecutor

Now THIS is a #1 Level apology on the Ethics Alarms Apology Scale.

It’s more than an apology, really: it approaches self-flagellation. The tragic aspect of the confession and apology of former prosecutor  A.M. “Marty” Stroud III,  is that no one can really apologize for what he did, not after 30 years. For Stroud was the lead prosecutor in the December 1984 first-degree murder trial of Glenn Ford, who was convicted and sentenced to death for murdering Isadore Rozeman. Ford was innocent, and was finally released a year ago. His is a classic, horror story of justice derailed. Continue reading

Comment of the Day: “Pop Ethics Quiz: Welcoming Rev. Talbert Swan, Late Passenger On The Trayvon Martin-George Zimmerman Ethics Train Wreck”

"OK, you can go, but we want everyone to know that the US Government thinks you're a racist and a murderer."

“OK, you can go, but we want everyone to know that the US Government thinks you’re a racist and a murderer.”

The Justice Department’s press release  yesterday regarding the final rejection of a civil rights charge against George Zimmerman was despicable and unprofessional, political, as everything Holder’s department has done from the beginning, unethical,and an abuse of its power and influence.

Raising this  issue adeptly is reader J. Houghton in his Comment of the Day on the post, Pop Ethics Quiz: Welcoming Rev. Talbert Swan, Late Passenger On The Trayvon Martin-George Zimmerman Ethics Train Wreck. He ends with a question; I’ll return to answer it.

I am curious about the statement by Acting Assistant Attorney General Vanita Gupta that: “Our decision not to pursue federal charges does not condone the shooting that resulted in the death of Trayvon Martin and is based solely on the high legal standard applicable to these cases.” It seems almost like an unnecessary statement of the obvious, like, yes of course; this is a tragedy; mistakes were made; bad judgment happened; and somebody died needlessly. Of course, we all would hope that such tragedies “do not occur in the future” as the JD press release stated… ever! this is a most wonderful thought.

However, what exactly is it that the Justice Department does “not condone” ? Is it possible that General Gupta is suggesting that the Justice Department does not buy into the basic idea of shooting someone in self-defense if believed necessary to protect ones self, or perhaps she questions the basic idea of being legally allowed to carry a concealed handgun by permit for self-defense? Or is she questioning the wisdom of the Neighborhood Watch program which might encourage citizens to… God forbid… watch too closely the goings on in their neighborhoods? What exactly is it that the Justice Department does “not condone” in this particular case?

Not to say that the claim of “self-defense” is always justified… because it most assuredly is not. Nor am I defending in any way Zimmerman for the events that unfolded with very unfortunate results. But I am wondering about the chill this incredibly long and ultimately fruitless federal investigation might put on the fundamental right of self defense to protect ones self or others who might find themselves in the position of facing a real threat. Are citizens going to possibly face federal prosecution in the future for becoming “too involved” in the security of their own neighborhoods, or for protecting themselves or their neighbors if the unlawful aggressor and righteous defender in a specific incident happen to be of the “wrong” ethnicity or race?

Just asking…

Continue reading

The Murderer and The Unethical Powerpoint

Powerpoint slide

Why didn’t I see this coming? The Washington Supreme Court overturned the conviction of Odies Walker for murder and other crimes in the slaying and robbery of an armored car guard because the  prosecutor’s PowerPoint presentation during his  closing argument constituted “flagrant, pervasive, and prejudicial”  prosecutoral misconduct. While lawyers “may use multimedia resources in closing arguments to summarize and highlight relevant evidence,” the court ruled, “advocacy has its limits.”

The  prosecutor presented a whopping 250 PowerPoint slides to the jury during the summation, including 100 with the caption “defendant Walker guilty of premeditated murder.” The slide above with the caption, “Money is more important than human life,” was typical of the problem assailed by the justices: it was never alleged that Walker said this, or even thought it. Continue reading

.5 Cheers For The Justice Department Deciding To Be No More Biased, Divisive And Unethical Regarding Michael Brown’s Shooting Than It Already Has Been

one cheer

The Justice Department has reportedly decided not to bring civil rights violations charges against former Ferguson police officer Darren Wilson in the death of Michael Brown. This is not exactly a surprise, since there was no justification, based on known evidence, for opening an investigation in the first place. Still, the decision does show that there are unethical depths to which Eric Holder’s race-obsessed, partisan and untrustworthy regime won’t sink to.

It was obvious to all objective observers that the original announcement, in the wake of the grand jury’s decision not to indict Wilson, that the Justice Department was investigating possible civil rights violations was pure race identification politics at its worst. The Justice Department is supposed to be non partisan. It is supposed to build trust in the system, not undermine it. It is supposed to be objective and fair, and not prejudge or take sides until the facts are known. Never mind: all of that and more was thrown aside, openly and with fanfare, in the Ferguson Ethics Train Wreck.

Holder met with Brown’s parents. He consulted openly with Al Sharpton, who was, and is, claiming that Brown was gunned down for being black. Holder’s department sent representatives to Brown’s funeral. Holder’s decision to investigate whether to seek a civil rights violation indictment was interpreted as a statement that the Ferguson grand jury that refused to prosecute Wilson was itself racially biased, though the evidence released proved that was not the case. The investigation sent a cynical, divisive message that a black President and a black Attorney General were going to stand with “their” people, and the conclusions of a “mostly white” grand jury be damned. The decision seemed to validate, as it was fully intended to, the protests, the anger, the riots, and the “Hands Up! Don’t Shoot!” lie.

However, as we knew, and know, and as Holder’s attorneys knew, the evidence was never there, and never was going to be there. Thus Justice is finally doing the right thing, after intentionally doing the wrong thing to show beyond any shadow of a doubt what side they are on, as an agency of all the people that is pledged to only be on one side, that of blind and color blind justice. Instead, Holder’s minions chose to subject Wilson, and by extension his profession, the police, months of injustice to demonstrate politically useful solidarity with Brown’s parents, who accused their country of racism before the United Nations, and Al Sharpton, whose bar for proving racism is set low enough to call the Academy Awards bigoted for not nominating the actors he would nominate. It was not willing, apparently, to go so far as to hold a trial in which the United States would be thoroughly embarrassed, because it had nothing to prosecute on.

Yes, I’ll compliment Holder and the Justice Department for doing the right thing that they made necessary by months of unethical conduct. Good for them. They were not as unprofessional and atrocious as they might have been.

With this Justice Department, that qualifies as progress.

Ethically Incoherent Statement Of The Month: Van Jones

Van Jones: Reasonable or biased?

Van Jones: Reasonable or biased?

Van Jones, the former White House “czar” of something or other turned smooth-talking racialist warrior on CNN’s “Cross-Fire” and various TV panels, was arguing for frank racial dialogue on ABC’s “This Week With George Stephanopoulos,” in the context of the protests over the Ferguson and Staten Island police grand jury decisions. Sounding reasonable as he often does, Jones then said that what should be an area of agreement is the need for a special prosecutor whenever police misconduct is before a grand jury, noting that it was an “obvious conflict of interest”for prosecutors who work with police as a core element of their job.

I have addressed this argument before, but let me be clearer. This is a conflict of interest that a competent and ethical prosecutor should acknowledge and be able to deal with as the legal ethics rule require. The prosecutor should get a waiver from his or her client—not the victim’s family, but the government the prosecutor represents—and honestly assess whether the fact that the police serve the same client will prevent the prosecutor from being fair and objective. If the answer is yes, then the prosecutor must recuse, but I see no reason why the answer should be yes, if the prosecutor is ethical and worthy of the position.(Jones and other advocates for this “solution” have a bias against prosecutors, whom they view as presumptively unethical.)

Theoretically, every case in which an officer’s credibility determines whether a citizen should be charged poses the same conflict: it is endemic to the prosecutor’s job. Indeed, prosecutors have a very good reason to want bad cops punished and removed from the police force; I’m not at all certain that there is a necessary bias on the part of prosecutors in favor of letting such cops escape legal consequences of their actions. That assumption is based on the assumption that prosecutors don’t care about  justice. Nobody who doesn’t care about justice becomes a prosecutor. Why would they? It is a hard, frustrating job and the pay isn’t anything special.

The strongest argument for a special prosecutor is a different ethical problem, the appearance of impropriety. If the decision to prosecute or not is tainted with suspicion of bias, then the justice system is compromised and breaks down. This is why, for example, it is terrible that the Justice Department, a super-politicized one at that, is supposedly investigating the I.R.S. scandal.

As George moved to another topic, Jones blurted out a final statement that caused me to spit-take a mouthful of coffee. It undermined all of his finely tuned rhetoric about fairness and non-partisan dialogue about race, and exposed, ironically, his own biases. He said;

“If there had been a special prosecutor in Ferguson, we would have had a different result.”

AHA! Continue reading

A British KABOOM! The Man In The Tiger Suit

Tony, Tony, Tony. We're so disapointed.

Tony, Tony, Tony. We’re so disappointed.

Pieces of my head are on the ceiling, thanks to the violent cranial explosion caused by this story, a KABOOM! from across the pond. Usually my head isn’t so sensitive to non-American unethical conduct, but this, as you shall soon see, is special.

Andrew Holland, 51, a Welsh bus driver, was accused of owning an extreme porn video featuring a woman having sex with a tiger. He had been arrested and charged over the video, which he claimed friends gave him as a joke. Holland lost his job, was targeted with hate mail from vigilantes, and he suffered a heart attack that he says was caused by the stress of the case.

Then, after inflicting all of this on Holland,  prosecutors  looked at the video closely, and, for the first time, with the sound turned on. Oops. That was no tiger—that was a man in a tiger suit. The big clue was when they they heard the randy tiger,  in the throes of sexual ecstasy, growl out,

“That’s grrrrrrrrrreat!

Yes, just like Tony the Tiger, the Frosted Flakes icon, except that in Great Britain they are called “Frosties.” Continue reading