Prosecutor Accused of Misconduct in Wrongful Conviction
The Brady Rule requires prosecutors to disclose any evidence they discover that is favorable to the defendant - but all too often, prosecutors fail to comply, citing their duty to zealously prosecute the alleged crime.
BALTIMORE, MD, June 11, 2012
In a criminal case, prosecutors have enormous resources available, including police investigators to conduct in-depth interviews and research, extensive databases, and facilities and staff to analyze evidence with sophisticated (but not infallible) laboratory testing and analysis.In 1963, the U.S. Supreme Court established the Brady Rule to level the playing field for defendants in criminal cases. Brady requires prosecutors to disclose any evidence they discover that is favorable to the defendant - but all too often, prosecutors fail to comply, citing their duty to zealously prosecute the alleged crime. If you have been arrested for a crime, you may need to contact an experienced federal criminal defense attorney who can protect your rights.
Prosecutor's Role
There's a man who spent 25 years behind bars - a quarter of a century - for the murder of his wife. But he was recently exonerated, freed, after a series of wrongful conviction hearings conducted and reported on by the Innocence Project.
According to the Innocence Project, the prosecutor hid evidence by not providing the full police report. Now the prosecutor for the innocent man's case stands accused of violating the Brady Rule by withholding a mass of evidence that pointed toward the man's innocence.
The undisclosed evidence supported the man's claim that an intruder had murdered his wife. It included neighbors' statements that they had seen a strange vehicle at the couple's house, as well as an eyewitness statement from the couple's young son.
DNA evidence was also used to prove his innocence. In fact, crime scene DNA matched the DNA of a man who had been implicated in a later murder; not only did the prosecutor's behavior send an innocent man to prison, it also may have left the guilty man roaming free. To further conceal his wrongdoing, the prosecutor apparently told his successor to oppose any motions for DNA testing that might come after the conviction.
Consequences of Misconduct
The U.S. Supreme Court reconfirmed, in a recent case, that prosecutors enjoy almost total immunity from civil suits, though prosecutors are still subject to professional discipline like all other attorneys.
However, a judge has ordered an inquiry by the supreme court of his state to look into the prosecutor's misconduct. The prosecutor could be disbarred for his unethical conduct and could even be charged with a crime.
Either way you cut it, meaningful punishment for prosecutorial misconduct should be part of the legal system. As any experienced criminal defense attorney will tell you, there are a multitude of reasons that people accused of crimes should do all they can to protect themselves.
Prosecutorial misconduct is one very good reason why.
The Baltimore, MD criminal attorneys at The Law Offices of James E. Crawford, Jr. & Associates, LLC defend clients against all types of crimes, from misdemeanors like shoplifting, to felonies like drug distribution and sex offenses. Their firm also represents clients in Baltimore family law and accident injury cases. People in Maryland have relied on the Law Offices of James E. Crawford, Jr. & Associates, LLC since 1992. To contact James Crawford, Esq. or a member of his legal team, call 866-635-0623, or visit http://www.crawforddefenseattorney.com/ for more information about his criminal law practice.
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