Misconduct — Prosecutors — Galsworthy Criminal Justice Reform Program

NV: Prosecutors Should Not Induce Defense Attorneys to Break Ethical Rules

"There is a sensible alternative that would help alleviate all of the landmines that litter this playing field: judicial supervision of any communications between trial lawyers and prosecutors in post-conviction. It is not only in the client’s interest, the post-conviction lawyer’s interest (by ensuring that the trial lawyer does not over-disclose), and the trial lawyer’s interest (by ensuring again that she does not break the rules), but also the prosecutor’s interest because the rules implicate every lawyer involved."

The Open File

July 25, 2018

Editorial: A case of law and disorder By Albuquerque Journal Editorial Board

"Fast forward 22 months, and the murder cases against two of the three suspects originally charged have collapsed, with a forensic psychiatrist saying the interrogation of Victoria’s mother, on which the cases were based, was conducted improperly and yielded false admissions and contaminated statements. Indeed, District Attorney Raúl Torrez now says that much of what the public was told about the case is just plain wrong."

The Albuquerque Journal

July 8, 2018

ProsecutorsAnthony BradleyJuly 29, 2018Albuquerque Journal, Misconduct

After a Murder Conviction Is Reversed, Police Chief Vows to Watch Defendant 'Til The Day I Die'

"Did a Louisiana police chief and a prosecutor cross a line when they issued televised threats to a man who'd just been granted relief by a federal appeals court in a child killing?"

The Appeal

July 3, 2018

ProsecutorsAnthony BradleyJuly 29, 2018The Appeal, Louisiana, Misconduct

Prosecutors need oversight now: Gov. Cuomo must sign the bill to create a watchdog commission

"Last month, a bipartisan piece of legislation passed both the Republican-controlled New York State Senate and the Democrat-controlled Assembly. It would create a Commission on Prosecutor Conduct, with investigatory and subpoena power to respond to complaints made by everyday people who have grievances regarding their local district attorneys and their assistant prosecutors."

New York Daily News

July 2, 2018

ProsecutorsAnthony BradleyJuly 29, 2018New York Daily News, New York, Misconduct

If a Prosecutor Breaks the Law in Secret, Does the Crime Exist? Not According to Texas Prosecutors

"Prosecutorial misconduct often takes years — and a fair amount of luck — to unearth....Since that’s the case, it hardly seems fair to use only cases in which a court has granted relief as a measure of the extent of misconduct."

The Intercept

June 15, 2018

Prosecutors, Drug CrimeAnthony BradleyJuly 29, 2018The Intercept, Misconduct, Texas, Gang Crime

New York Gang Prosecutions Use Conspiracy Charges to Criminalize Whole Communities

"Defendants in these kinds of cases, often from New York City’s poorest neighborhoods, can’t afford to hire attorneys. The conspiracy charges they face...are broad and hard to fight, because proving individuals “conspired” with others accused of crimes is easier for prosecutors than proving they committed that crime. Threatened with draconian sentences, almost all defendants in these situations agree to plea deals — usually getting years rather decades in prison, and scoring prosecutors dozens of easy convictions."

The Intercept

June 7, 2018

ProsecutorsAnthony BradleyJuly 29, 2018The Intercept, New York City, Misconduct

Missouri Supreme Court Reprimands Platte County Prosecutor For Ethical Violations

"The complaint alleged that Zahnd had committed multiple ethical violations when he sought to pressure community members to withdraw letters they had written in support of a convicted child molester prior to his sentencing in October 2015. The OCDC recommended harsher punishment, namely a three-month suspension of Zahnd’s law license. Although the disciplinary panel opted to recommend the more lenient punishment, the Supreme Court’s adoption of its recommendation represents a rare rebuke of a sitting prosecuting attorney."

KCUR Missouri

May 22, 2018

ProsecutorsAnthony BradleyJuly 29, 2018KCUR Missouri, Missouri, Misconduct

Victory for Defendant Autonomy and the Criminal Jury Trial in McCoy v. Louisiana

"Robert McCoy was charged with the murder of three of his family members in Bossier City, Louisiana. The state brought capital charges against him, but McCoy maintained his innocence......But in light of the evidence against him, McCoy’s lawyer thought the best trial strategy would be to admit guilt...McCoy adamantly opposed this plan, but his lawyer pursued it anyway and told the jury that McCoy was guilty. The jury returned three murder convictions and sentenced McCoy to death. Today, the Supreme Court held that it violated the Sixth Amendment for McCoy’s lawyer to admit his guilt over his express objection, and it ordered the state of Louisiana to grant McCoy a new trial."

Cato Institute

May 14, 2018

ProsecutorsAnthony BradleyJuly 29, 2018Cato Institute, Misconduct

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