prosecutors

For the Attorney General, All Aboard For The Penn State Ethics Train Wreck!

/ Jack Marshall / 2 Comments

That the Penn State child molestation scandal has metastasized into a full-fledged ethics train wreck can now hardly be denied. The proof is that, as pointed out by Solomon L. Wisenberg on the White Collar Crime blog, Pennsylvania Attorney General Linda Kelly trounced all over fairness to the accused in her statement to the press, violating the ethics rules governing prosecutors in the process.

Rule 3.8 of the Pennsylvania Rules of Professional Conduct states that the prosecutor in a criminal case..

“…shall, 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 investigators, law enforcement personnel, employees or other persons assisting or associated with 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.”

Rule 3.6(a) forbids a “lawyer who is participating or has participated in the investigation or litigation of a matter” from making… Continue reading →

Ethics Quiz: Who is the Most Incompetent Elected Official—the DA Who Doesn’t Care If A Convicted Prisoner Is Really Guilty, Or The Assemblywoman Who Doesn’t Know About The First Amendment?

/ Jack Marshall / 15 Comments

California Assemblywoman Fiona Ma. " First Amendment? Where the heck did THAT come from?"

For this weekend’s Ethics Alarms quiz—the blog’s 2000th post!—I am asking readers to help me determine the Incompetent Official of the Week, when two unusually qualified candidates are running neck and neck.

Candidate A is McLennan County (Texas) District Attorney Abel Reyna:  Defense attorney Walter M. Reaves has filed a motion asking for DNA testing as part of his efforts to exonerate Anthony Melendez, currently serving a life sentence for the 1982 slayings of three teenagers in Waco.  Reaves says the test is needed because DNA analysis was not available when Melendez was convicted, and Melendez still maintains that he is innocent. D.A. Reyna, however, opposes the test. Why? He argues that such testing shows a lack of faith and support of the jury system, and what the jury has decided usually ought to be free of such post-trial attempts to discredit the verdict.

In other words, the D.A. believes that it is better to honor the jury system by letting an incorrect verdict stand than to use newly available scientific evidence to set an innocent man free.  Continue reading →

Something For the Casey Anthony Lynch Mob to Think About

/ Jack Marshall / 28 Comments

So they cut some corners....

The New York Times reports that John Bradley, a software designer who testified at the Casey Anthony murder trial that Anthony had visited a website regarding the use of chloroform 84 times, now says that he made a mistake, and that in fact Anthony only accessed the site exactly once. The finding of 84 visits was used by prosecutors repeatedly during the trial to suggest that Ms. Anthony had planned to murder her 2-year-old daughter, Caylee.

The designer realized his mistake after reworking his software.  Bradley told the Times that he immediately alerted a prosecutor, Linda Drane Burdick, and Sgt. Kevin Stenger of the Sheriff’s Office in late June to make them aware of his new findings. Yet the prosecutors never corrected the record or alerted the defense, as they are required to do under the law.

What does this mean? Continue reading →

Marcia Clark, Exploiting the Anthony Verdict for Her Own Sake

/ Jack Marshall / 10 Comments

Marcia Clark. OK, this really isn't Marcia, but the real picture of her doesn't look like her either.

Marcia Clark’s article on the Casey Anthony verdict is so tainted with obvious conflicts of interest that it should have been rejected by The Daily Beast…or rather would be rejected by any website more selective and less shameless than the Daily Beast. This would be any fair site that does not deal in over-the-top opinion as a matter of course.

Marcia, like her colleague Chris Darden, is a rather tragic figure these days. The former lead prosecutor in the O.J. case is struggling to make it as a pundit, freshly botoxed and rendered almost unrecognizable so as to be fetching in those close-ups. After she sold the inevitable cash-in book about the Trial of the Century, she has wandered in the C-List celebrity wilderness, and will soon join Newt Gingrich and William Shatner as a celebrity novelist. She will be remembered, quite correctly, as the prosecutor who botched the O.J. murder trial, even if we give Darden an assist for the gloves debacle. (Why cable news shows insist on recycling failures as experts is an enduring mystery, the mystery being “how can the producers look themselves in the mirror after choosing recognizable flops over less well-known but more accomplished authorities?”)

But Clark apparently saw an opportunity in the Casey Anthony verdict to rehabilitate her tarnished reputation, and grabbed it. The result is “Worse Than O.J.!”, a new low in self-serving analysis. Continue reading →

Unethical Quote of the Week: Wrongly Imprisoned Victim John Thompson

/ Jack Marshall / 3 Comments

“I don’t think training would have had anything to do with nothing really, to be honest with you, because you could have trained them and they would still do it. You need to punish them for doing it, then they won’t do it.”

—John Thompson, who was wrongly and illegally convicted of murder in Louisiana and spent 14 years on death row because prosecutors withheld exculpatory blood evidence from his lawyers and his trial. His civil suit against the prosecutor’s office, run by Harry Connick, Sr. (yes, the singer’s father) for millions in punitive damages, on the theory that the prosecutors who framed him were inadequately trained, was overturned last week by the U.S. Supreme Court.

This statement apparently was made by Thompson last October, when the Supreme Court took the case, and I missed it. It surfaced again this morning in a Washington Post editorial calling for harsher punishment for prosecutors who violate the rights of accused suspects and send innocent people to prison or execution. The Post has never been more right, and the $14 million originally awarded to Thompson by an appalled jury for his ordeal is still inadequate compensation for the 18 years he spent behind bars because of a prosecutor’s dishonesty.

But the theory used to get Thompson his money—that the tragedy would have been prevented if Connick’s office hadn’t been negligent in training its lawyers in prosecutorial ethics—was a sham, and deserved to be rejected by the Court, no matter how much Thompson deserved the money, or indeed, ten time the money. Continue reading →

Strange Ethics: Another Indiana Prosecutor Jumps the Rails

/ Jack Marshall / 3 Comments

"Ward, I'm worried about the Hoosier.."

There’s a wonderful Charles Addams cartoon that shows a bunch of hobos and bums lying around Greek columns under a college reunion “Welcome Alumni!” banner. One of the disheveled alums says, “I used to think it was me, but maybe this school is just no damn good.”

In light of a second Indiana prosecutor losing his job over making outrageous suggestions about how Wisconsin’s Gov. Walker should handle his labor battles, I’m beginning to wonder about Indiana’s training of its various government attorneys.

First, as discussed here, an Assistant Attorney General went on twitter and suggested that Walker use “live ammunition” on union demonstrators.

Now a deputy prosecutor in Johnson County named Carlos Lam has resigned after conduct far worse than that. At least Jeff Cox, the tweeter, was probably joking. Lam sent a serious  email to Walker suggesting that the governor—I’m not making this up—set up a fake attack on himself to attract public sympathy, writing… Continue reading →

And the Frontrunner for the 2011 “Eliot Spitzer Award for Outrageous Hypocrisy” is….

/ Jack Marshall / 4 Comments

Looks like this year's "Spitzie" is already in the bag!

Clark County (Las Vegas) Deputy District Attorney David Schubert!

From the Las Vegas Sun:

“Metro Police said chief Clark County Deputy District Attorney David Schubert was arrested in connection with drug charges Saturday night. Police spokesman Jay Rivera said Schubert was charged with possession of cocaine and booked into the Clark County Detention Center…
Police planned to release more information about Schubert’s arrest on Monday, Rivera said.

“Schubert recently prosecuted the high-profile drug cases involving Paris Hilton and pop singer Bruno Mars.”

Now THAT’s hypocrisy!

Ethics Fouls and Julian Assange’s Rape Case

/ Jack Marshall / 7 Comments

Well, well, well, Mr Assange!

How does it feel to have your own embarrassing and confidential information leaked to the media and publicized to the world?

On the sound ethical principle that two wrongs doesn’t make a right, The Guardian acquiring and publishing the leaked police report relating to Assange’s rape charges in Sweden is no less unethical because Assange is a smug foe of confidentiality. Nevertheless, it is hard to recall an instance when seeing the tables turned on someone was so satisfying. Ethics foul: Whoever leaked the records, and The Guardian for printing them. But thanks anyway.

It is satisfying for reasons other than delicious irony. Continue reading →

Ethics and Freeing the Unjustly Convicted: A Utilitarian Controversy in Illinois

/ Jack Marshall / 2 Comments

Northwestern University journalism professor David Protess and his student reporters have been carrying out a heroic and aggressive project aimed at rescuing innocent residents of Illinois’s death row. It was Protess’s Medill Innocence Project that played a major role in influencing former Illinois Gov. George Ryan’s decision to halt all executions. Now, however, the Innocence Project’s methods are now under attack by its own university and Cook County prosecutors, who say the students crossed legal and ethical lines while investigating a decades-old murder.

Prosecutors claim that some of Protess’s students used surreptitious taping in an investigation, secretly recording a suspect in violation of Illinois law. Continue reading →

The Training Myth and Connick v. Johnson

/ Jack Marshall / 6 Comments

The U.S. Supreme Court is deliberating on the issue of whether a District Attorney’s office can be held liable when individual prosecutors commit serious misconduct, on the grounds that the government breached its duty to train its prosecutors and ensure their competence. The case is Connick v. Thompson, and it began when it was discovered that a New Orleans man had been sent to Death Row for 18 years for a crime he hadn’t committed. John Thompson was innocent, and a lab report proving that the blood found at the crime scene belonged to someone else would have proven it. Prosecutors withheld the evidence from the defense attorneys.

When Thompson was freed he was understandably angry, but the options for redress when the criminal justice system ruins your life are severely and unjustly limited. In 1976, the Supreme Court decided in Imbler v. Pachtman that prosecutors have absolute immunity from lawsuits, even when there is genuine, malicious and illegal conduct. The Court acknowledged that its ruling “does leave the genuinely wronged defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty,” but declared the alternative was worse: making prosecutors timid and fearful of making a mistake that could leave them penniless. The Court suggested that professional discipline would be enough to keep prosecutors honest, but that hasn’t been the case: a USA Today study found that even in egregious cases of prosecutorial misconduct, attorneys who put innocent people in jail almost never had to endure any punishment at all. Thompson sued the District Attorney’s Office on a theory of negligent training, and won 14 million dollars from a sympathetic jury. Now the Supreme Court is deciding whether such suit can stand in light of the ruling in Pachtman.

It should, but the theory behind the lawsuit is a myth, and I suspect that everyone knows it. Continue reading →