Mistrial In The First Freddie Gray Trial: There’s No Way Out Of This Ethics Train Wreck

Judge Declares Mistrial In First Freddie Gray Trial

In Baltimore this week, a judge declared a mistrial in the case of Baltimore Police Officer William G. Porter after jurors said they were deadlocked regarding all of the charges against him in the death of Freddie Gray. Porter, 26 and an African American, is the first of six police officers to be tried in Gray’s death. He has been charged with with involuntary manslaughter, second-degree assault, reckless endangerment and misconduct in office. Street protests began almost immediately.

Let’s review this disaster so far, shall we? Continue reading

From The Halloween Files: Arachnophobia Ethics

creepy-spider-halloween-decoration

I love this story!

Early last month, several secretaries in the Logan County (West Virginia) Prosecutor’s Office put up Halloween decorations, including a lot of big hanging fake spiders.  When he saw them, Assistant Prosecutor Chris White freaked out, saying he had arachnophobia, that the decorations weren’t funny, and he couldn’t stand the eight legged things. Then he pulled out his gun, and threatened to shoot the spiders. The gun had no clip, but the staff wasn’t sure; after all, if you are crazy enough to try to shoot fake spiders with an empty gun, you are probably crazy enough to  shoot fake spiders with a loaded gun. The three secretaries who witnessed the meltdown were terrified.

White was suspended for the incident. He’s been with the office for more than five years, according to his boss, John Bennett,who  took it well, saying, “I never saw it coming, that’s for sure. Obviously, I wouldn’t have even hired him if I had seen it coming. And the fact that he’s been there five years and we haven’t had any incidents like this also, to me, is a pretty good indication it’s certainly out of the ordinary.”

Hmmm. How ordinary does drawing a firearm  in an office because of Halloween decorations have to be before you decide, “You know, maybe this guy should be someplace else”? Continue reading

This Prosecutor Was Fired For A Non-Apology Apology, But He Should Have Been Fired Long, Long Before That

Bias bone or no bias bone? Wait---WHAT THE HELL IS A BIAS BONE???

Does Karl Price have a bias bone or no bias bone? Wait—WHAT THE HELL IS A BIAS BONE???

Karl Price, up until recently an assistant Jefferson County (Kentucky) district attorney,  was suspended last month for making derogatory remarks in court about gays, immigrants and the disabled.  First he was reprimanded for disparaging a Korean American family, but The Courier-Journal published a story showing that Price had denigrated defendants  in court many times and had even been admonished for it by judges. This prompted a review by the county attorney’s office that turned up more such incidents. One example: At an arraignment of a black defendant who was caught after running away from police, Price, an African-American, said, “I thought you black guys could run, but you never get away from police!”

Query: What kind of supervisor only finds out about long-term misconduct by an employee in public proceedings after reading about it in the local newspaper?

County Attorney Mike O’Connell offered Price, who had worked as an assistant prosecutor in the office for 25 years (“without complaint,” we are told, which may only mean the newspapers didn’t report the complaints)  a chance to keep his job if he submitted a sufficient apology for his conduct. Price submitted a letter that qualifies as a Level 9 or 10 on the Ethics Alarms Apology Scale. It was  a “deceitful apology, in which the wording of the apology is crafted to appear apologetic when it is not (#9) as well as “an insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply.” (#10).

Price guaranteed the #9 rating when he began his apology by including the magic phrase, “if I have offended anyone…” He cemented a #10 rating by loading his letter with rationalizations. He wrote that he had been treated unfairly, arguing that other prosecutors have been given “several second chances” [Rationalization 39. The Pioneer’s Lament, or “Why should I be the first?”] and that his predecessor in arraignment court said “far more outrageous” things than he did [Rationalization Number 1: Everybody Does It].

Then this: Continue reading

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

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

Tsarnaev’s Irrelevant Finger And The End Of Capital Punishment

dzhokhar-tsarnaev finger

I’ve stated here several times that I am in favor of the death penalty when it can be shown beyond any doubt whatsoever that an individual committed a horrific, cruel, unequivocally inexcusable murder or murders, preferably murders. One of the two Boston Marathon bombers, Dzhokhar Tsarnaev, the surviving one, clearly qualifies. Unfortunately, the public, the law and the legal profession are too confused to bring integrity to capital punishment, and I think, because of that, it can never be sufficiently fair and coherent to be ethical. Continue reading

Comment of the Day: “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”

FBI 1

Long-time Ethics Alarms commenter Michael R. delivers another of his provocative and informative Comments of the Day, this time on the festering scandal that is prosecutor misconduct and abuses of due process in our criminal justice system. This kind of commentary justifies the existence of Ethics Alarms, in my view, regardless of what I may write here. It is a virtual template for what makes a Comment of the Day.

Here is Michael R’s COTD on the post, “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”… Continue reading

Sliding UP The Slippery Slope: NO To Forced Sterilization, And A Belated NO To Forced Vasectomies Too

"OK, now this is entirely your free choice..."

“OK, now this is entirely your free choice…”

This has turned into Revisiting Old Posts Day on Ethics Alarms.

Last July, I posted an Ethics Quiz regarding a Virginia judge’s sentence offering a profligate and irresponsible serial father to choice between an extra four years in jail and a vasectomy at his own expense. After asking readers whether they thought the sentence was ethical, especially in light of the state’s ugly history of forced sterilizations, I demurred, writing,

I am not ready to make a call on this one. Since neglected children often become the responsibility of taxpayers, the argument that the state has no legitimate interest in regulating profligate reproduction by irresponsible parents falls flat. Is taking away someone’s ability to have more children (after seven) really a greater intrusion on his freedom than locking him up? Yet this sentence seems to cross lines that government should cross with caution, if at all. I’m not sorry that Herald won’t be inflicting more of his line on us. I am uneasy, however, with the way this result came about.

I am now ready to make an ethics call in the quiz in light of this news report: Continue reading

Observations On The ACLU And “Grand Juror Doe’s” Power Play

Juror Doe now, but trying to become a household name...

Juror Doe now, but trying to become a household name…

In a move that tarnishes the reputation of the ALCU and reveals the deep ideological bias in its ranks, the Missouri chapter of the esteemed organization has encouraged a Ferguson grand juror to sue in order to end the lifetime ban on grand  jurors revealing what occurs during proceedings, allowing the juror to become a media star and, presumably, undermining the credibility of the deliberations that resulted in no indictment against Officer Wilson for his fatal shooting of Michael Brown.

Observations:

1. Grand jury proceedings have to be confidential, or the system will not work (yes, it worked as well as it possibly could have in Ferguson.) Secrecy prevents those who are being investigated from interfering with witnesses and otherwise tampering with and attempting to corrupt the investigation. It protects witnesses who might be reluctant to testify if they believed their comments would be made public. It decreases the likelihood that one who is about to be indicted by a grand jury will flee and thereby avoid being brought to trial on those charges. It also protects innocent individuals whose names may be implicated in a grand jury investigation but who will never be indicted.

2. The prohibition on participants in grand jury proceedings revealing what occurs there is not a restriction on free speech any more than a government employee being prohibited from revealing national security information. This is a necessary restriction based on due process and the functioning of the rule of law, and grand jurors agree to the prohibition as a condition of service.

3. The ACLU is grandstanding for its progressive, civil rights zealot fans and contributors. This is an irresponsible case: if it prevailed, the justice system would be thrown into chaos.

3. If even one grand jury is able to have the ban on secrecy lifted, every grand jury will labor under the fear of those involved that jurors will speak to the media and reveal harmful details. I will be shocked if the ACLU lawsuit succeeds. I think it is a frivolous suit, and a violation of legal ethics Rule 3.1 that prohibits such actions.

4. The grand juror who is seeking the lifting of the ban has arguably already revealed more than he is allowed to do legally under the law, which prohibits disclosing “matters occurring before the grand jury.”

5. The supposed explosive revelations the juror wants to expand upon are nothing at all, just ignorant and biased complaints that have already been thoroughly explored and debated by legal experts. The likes of progressive website Think Progress falsely represents the juror’s views as “significant” because progressives so, so desperately want to prove that Michael Brown was executed by a racist cop who was corruptly exonerated by a biased prosecutor. But as Gertrude Stein said of Oakland, there is no there there.

Here are Grand Juror Doe’s “concerns”: Continue reading