Prosecution roundup

  • Let justice be done: conviction integrity units “operate within prosecutors’ offices to investigate old cases for errors or misconduct that may have led to a wrongful conviction.” [C.J. Ciaramella]
  • “Allegation: Georgetown, Ind. man comes home to find his wife and two children killed. He’s detained for 13 years before he’s finally acquitted in a third trial. And this happens because the state lied about an ‘utterly unqualified’ assistant pretending to be a blood-spatter analyst. (The extent of his scientific training was a single chemistry class, which he flunked.) And there’s so, so much more. The state also lied about running a DNA test that could have exonerated the man. The second prosecutor was sanctioned for trying to cash in on a book deal. The first prosecutor ended up representing the real murderer. Click on the link, dear reader, for a shocking civil rights case that the Seventh Circuit is absolutely sending to trial.” [Institute for Justice “Short Circuit” on Camm v. Faith]
  • In the new 2018-19 term Cato Supreme Court Review, Anthony J. Colangelo writes about Gamble v. U.S., the dual-sovereignty double jeopardy case;
  • “Baby’s Death in Mother’s Bed Leads To 5-Year Prison Term. But Was It Her Fault?” [Cassi Feldman, The Appeal]
  • Seattle: “King County Took Money From an Anti-Prostitution Organization. Then ‘Unprecedented’ Felony Prosecutions of Sex Buyers Began.” [Sydney Brownstone, The Stranger last year; more (judge rejects disqualification motion)]
  • So it does happen: court denies prosecutor absolute immunity for withholding exculpatory evidence [Penate v. Kaczmarek, First Circuit]

4 Comments

  • On the baby’s death in mother’s bed case. Even if it were an accident, the chance of hurting the baby for sure led to us almost never having the baby in the bed. However, some people and some cultures think baby in parent’s bed is either ok or mandatory, so prison for this is outrageous (unless something strange happened).

    Prosecutor’s withholding exculpatory evidence has got to stop. It is part of a “win at all costs” psych that is not ok.

    Double-jeopardy is often applied when a murderer gets off and he is then charged by feds for a civil rights violation or such or when a prostitution charge fails and “sex trafficking” is applied by feds. ie when the “wrong” result occurs. This is exactly the type of case that should not occur.

  • In cases in which a prosecutor deliberately withholds exculpatory evidence, why should she not be charged with obstruction of justice?

    • Who exactly is going to charge them?

  • RE: Camm v. Faith.

    ARGUED OCTOBER 30, 2018 — DECIDED SEPTEMBER 10, 2019

    Well, at least they didn’t rush the decision.