Prosecutorial misconduct

Dec 19, 2011 11:52


An article on the LA Times brings up the case of a man wrongfully convicted of murdering his wife. The comments are here. This is a case, one among very many, that argues against the Death Penalty.

In short, this is the case of a prosecutor so eager to crank up his ‘win’ record that he sent the wrong man to prison, fully knowing that he was the wrong man! He then tried to destroy evidence that he did so.

In detail the prosecutor’s office, withheld exculpatory evidence and when ordered to save and seal the evidence. When the envelop supposedly containing was opened, the evidence, contrary to court orders, was not there.

Mike Davis, the former assistant district attorney, was also compelled to testify.
According to a transcript, Davis blamed lead prosecutor Anderson for withholding evidence.

Of course, Anderson claimed innocence. In the meanwhile, the actual perpetrator lived free. Is Michael Morton going to be compensated for the 25 years of his lost freedom? What about his future? He is unemployable now, he has no pension, no social security, and is now too old to recover from this life-injury. The reality is that his life was stolen from him and ruined for the sake of a lawyer’s ambition. Someone owes this man large!
Rant

While this is an egregious case, it is only one among a large and dark cloud of such cases hanging over the American legal system. Prosecutors are allowed to attack anyone with complete impunity and they are rewarded for their zealousness by promotions (Anderson is now a judge) and political perks and powers while enjoying complete immunity for their actions. The system is corrupt!

I once believed in the Death Penalty but that is when I still believed that the legal system was infallible. How many of the many in Texas that were executed when they were actually innocent? It is unfortunate that we cannot un-execute a person. It is better to imprison them for life.

Prosecutors need to be made liable for their zealousness as well. Misconduct needs to be be met with mandatory prison time, in the General Prison Population! When they lose, they should lose their jobs as well.


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us, legal, civil rights, polyticks, us gov, elections

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