Courts Found DA Error in Nearly 25% of Reversed Cases
The Texas Tribune analyzed 86 overturned convictions, finding that in nearly one quarter of those cases courts ruled that prosecutors made mistakes that often contributed to the wrong outcome. This multi-part series explores the causes and consequences of prosecutorial errors and whether reforms might prevent future wrongful convictions.
From the moment 4-year-old April Tucker died, Debbie Tucker Loveless and John Harvey Miller told police and prosecutors that she had been mauled by dogs. But in 1989, the couple was convicted of murdering her and sentenced to life in prison.
Four seemingly endless years later, in 1993, the Texas Court of ...
Comments (10)
Marnie Tunay via Texas Tribune on Facebook
Yeah, I've noticed that, too, about Texas.
Gritsforbreakfast
"But Linda Acevedo, the chief disciplinary counsel for the State Bar who has been at the agency since 1985, said she could recall three prosecutors who were publicly reprimanded."
I only know of one - Terry McEachern from Swisher County, from the Tulia scandal. Who are the others? Name names, please.
Brandi Grissom
Grits,
The other two are county attorneys. Former Winkler County Attorney Scott Tidwell was suspended in January 2012 for retaliating against nurses who complained about a local doctor to state regulators (http://www.cbs7kosa.com/news/details.asp?ID=32286). Williamson County Attorney (soon to be district attorney) Jana Hunsicker (Duty) was publicly reprimanded for professional misconduct for releasing confidential information from an executive session of the county commissioners court (http://www.statesman.com/news/local/williamson-county-attorney-jana-duty-reprimanded-by-state-1991650.html).
kate mccarty
I also wonder how many of these received compensation for their lost time and suffering. Is there a state policy? Do the people wrongly convicted often file suit? How successful have they been?
Phillip Baker
The notion that prosecutorial misconduct is rare is clearly ludicrous. Sure, there are good, honest, dedicated prosecutors working hard to find justice, but it is also true that some will lie, hide evidence, pay informants, etc. If we are to have any trust in the criminal justice system, there must be accountability for misconduct just like in every other profession. Those statutes of limitation for claiming misconduct need to be open ended, since it often is many years before the truth comes out. Courts of inquiry need to be used far more often, since the State Bar is a toothless agency that mainly serves to protect miscreant layers. As to the Bar's refusal to make findings public, they should make public those cases in which they did find misconduct, but since it is true that all reversals are not from misconduct- after all, plain old mistakes happen in every profession and are not intentional- allow the DA, judge, lawyer in question to develop a statement of defense of the actions in question that is posted along with the Bar's posting.. Then the public can be the judge. These guys are elected officials often. The public has a right to know if there is a pattern of abuse. And finally, we must find a method of selection of DA's and judges that does not involve elections, with all the partisan political baggage that carries. It can be done.
Honor Kirk
Any discussion of Texas Prosecutorial Misconduct that doesn't include the Kerry Max Cook case is clearly incomplete. The creative fabrications and perjured testimony and the hiding of all exculpatory evidence by the Smith County prosecution in all 4 capital murder trials is well documented and unbelievably egregious. Although not officially exhonerated, his name should be at the top of any list of Texans abused by out-of-control "win at all costs" prosecutors that are the norm in this state.
visule
Great work Brandi. I hope this article puts more pressure on our state leaders and Texas Bar to hold prosecutors accountable for their courtroom conduct.
visule
“Just because a case was reversed for failure to turn over Brady evidence doesn’t mean there was an ethical violation,”
The above quote is telling; lawyers protect their own. The Texas Bar is not going to do anything.
Heywood Jablowme
Everytime a police officer gets shot on the TV news at, I laugh. Everytime a police officer gets killed, I laugh even harder. Imagine how much I would laugh if a DA got shot.
well duh
Undoubtedly there are prosecutor errors and even cases of misconduct where personal vendetta or public or political pressure abound (Casey Anthony was case with strong public involvement that didn't care how conviction was reached).
However, consider Texas probably has well over 1000 murder trials per year and many times more felonies. Now consider an error rate of 21 prosecutor errors in 22 years. Less than 0.1%. OK maybe more go undiscovered.
For rules of evidence, the prosecution is required to keep records, signed and notarized inventory, proving that defense received copies of all evidence items by specific item - regardless of if the current defense wants it. Appeals are almost always won on procedural error -- meaning the prosecution cannot prove ethical fair and proper behavior was followed due to improper record keeping. On appeal, if defense files are missing any item (even if there are notes that certain items were not of interest) -- the missing evidence is ASSUMED to be WITHHELD based on burden of proof always favors defense.
Due to the special trust placed in expectation of their flawless performance and the damage to the public faith in our legal system when they fail to follow procedures -- prosecutors who fail rote record keeping procedure should be flogged annually for every mistake they have ever made--so that the incompetent cannot continue to serve and live even if repeatedly elected by popular vote.
P.S. I would also note that "improper arguments to the jury" are ultimately NOT prosecutor errors in justice. Those mistakes are primarily ERRORS BY the presiding JUDGE who certainly heard the argument and was required to know its legality and to take appropriate action including potentially declaring a last minute mistrial.