Misconduct results in overturned conviction

April 17, 2013 (Press-News.org) Misconduct results in overturned conviction

Article provided by William Foreman, P.C.
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A recent high-profile decision by the U.S. Court of Appeals for the Ninth Circuit has received attention due to the misconduct of a police investigator, and the withholding of this information by prosecutors. This could lead to the reversal or even dismissal of cases for some Arizonans accused of crimes.

The case concerns the homicide of a four-year old child. The child had wanted to see Santa Claus at a nearby mall. The boy's mother allowed her roommate to take the child to the shopping center. However, instead of going to the mall, the roommate took the child to a remote location, where he was killed. The child was then reported as missing.

The boy's mother left town, and went to stay with family while the search was ongoing. A police detective was questioning the roommate about the boy's disappearance, when one of the individuals allegedly confessed. Police were led to the child's body.

The detective then traveled to the location where the mother was staying. He began interrogating her. The boy's mother, however, says that she did not wish to talk to the investigator, and that she asked for an attorney, as was her right. Her request was apparently ignored by the detective. The interrogation was not recorded or observed by any other law enforcement personnel. As a result, it was the word of the detective against the word of the mother as to whether she was involved in the murder of her son.

At trial, the only evidence that the prosecution had against the boy's mother was the testimony of the officer. The jury believed the officer, and convicted the mother of murder. She was sentenced to death.

After 22 years on Death Row, her case eventually made it to the Ninth Circuit. One of the central issues on appeal concerned the detective's police disciplinary history. According to his file, the detective had a pattern of lying under oath, and had even received reprimands in his personnel file for previous instances of improper behavior.

Prosecutors at the Maricopa County Attorney's Office were well aware of this evidence and the detective's alleged reputation for lying under oath, yet apparently did not disclose it to the defendant, despite clear and long-standing law that required them to do so. This withholding of evidence made it impossible for the mother to receive a fair trial.

The Ninth Circuit, in an absolutely scathing opinion, held that all of this evidence should have been made accessible to the mother and her attorneys by the police and prosecutors before her trial. The Court set aside the mother's conviction and she will now likely receive a new trial after spending 22 years on Death Row. The decision also suggested that authorities consider an investigation into the behavior of those involved in denying the mother the right to a fair trial by hiding critical evidence that the jury should have been able to consider regarding the credibility of the alleged confession.

It is expected that this case will have a major impact on cases where police or prosecutorial misconduct has been alleged. We learn in basic high school civics class that a person is presumed innocent until proven guilty beyond a reasonable doubt. When police and prosecutors decide to use the power of their office to "put their thumb on the scales of justice," by hiding evidence of state misconduct, it undermines our faith in the basic principles upon which our great nation is founded.

This case demonstrates exactly how important it is to protect your rights if you are accused of a crime, and how important it is to hire the best lawyer you can. Speak to an experienced, board certified criminal defense attorney to help build a strong defense against whatever charges you may be facing. The consequences of a conviction can change your entire life, and the best way to avoid a wrongful conviction is to have competent counsel review and discuss your case with you as soon as possible.