Study: Prosecutors Not Disciplined for Misconduct
In 91 criminal cases in Texas since 2004, the courts decided that prosecutors committed misconduct, ranging from hiding evidence to making improper arguments to the jury, according to data that the Innocence Project will release today.
None of those prosecutors has ever been disciplined.
“It paints a bleak picture about what’s going on with accountability and prosecutors,” said Cookie Ridolfi, founder of the Northern California Innocence Project, who researched misconduct data in Texas and other states.
At a symposium today at the University of Texas at Austin, exonerees Michael Morton of Texas and John Thompson of Louisiana, along with ...
Comments (14)
BurningFeet
Does it give anyone else the same warm, fuzzy feeling I get when I read that the same five Supreme Court Clowns that said the prosecutor who deliberately sent the wrong man to prison wasn't liable for his actions are now set to decide if you should be able to get Medicare and Social Security?
Shannon Edmonds
How does that group know they weren't sanctioned? The State Bar of Texas does not track that information, and even if they did, some sanctions are private and not subject to public disclosure.
That said, a simple Google search reveals at least one Tarrant Co. prosecutor who received a private sanction last year, as reported in local media. Do they not have Google in NoCal? Oh, wait ...
Shoddy, shoddy work. I expect better from the Tribune.
David Starkey
THIS SHOULD BE CHALLENGED ALL THE WAY UP TO THE SUPREME COURT. THIS POLICY INVITES CORRUPTION AND VIOLATES OUR CONSTITUTIONAL RIGHT TO FAIR TRIAL
David Starkey
Oh, and if I were the man released after 25 years & knew that nothing would be done...
I'd buy a bullwhip & administer a lash for each year.
Ron Blancarte via Texas Tribune on Facebook
If our state wants to look at things that need reforms because of fraud, they should look in the mirror long before they try to tackle issues like "voter fraud". 91 > 4 or 25 if you take all the instances.
AG is out fighting for state right, what about individual rights, which are MUCH higher than the legal rights?
Oh but wait our conviction and execution rates are so high - we can't mess with those numbers.
gaylehight
Unfortunately, prosecutorial misconduct is nothing new. Prosecutors are "graded" on the number convictions, and that's what they go for, knowing that the chance they will be punished is very slim. Risk vs. Reward. I mean, Reward vs. Risk.
Phillip Baker
There is much talk lately about prosecutorial misconduct, and rightly so. But so far all the talk has been about big cases- murder, rape,etc- in which the DA hid evidence or refused to grant testing or stonewalled in other ways. But every day in every criminal court in Texas, prosecutorial misconduct flourishes. DA's routinely overcharge- meaning they hit the accused with charges far beyond what anybody would consider consistent with the crime in question. They threaten to exact long prison terms unless.....the poor guy agrees to the plea being dangled. Anybody who has had any contact with our justice system knows that if a defendant does not take that plea, but declares his innocence, he risks everything. Because if he goes to trial and loses, the DA exacts the max. And given that a large portion of our population believe that if you were arrested, then SOMEthing must have been wrong, and are more likely to convict. So a guy facing the possibility of harsh sentencing but who did not do the crime, has incentive to plead guilty to avoid that. In short, innocent people daily accept conviction for crimes of which they are innocent, to avoid the damage on their families and themselves from a long incarceration. How is this not prosecutorial abuse? As has been said repeatedly lately, a DA is sworn to seek justice, not just convictions.
Bill Eaves via Texas Tribune on Facebook
Change the law, put them in jail
jpt51
GW's mindset, never admitting mistakes, is the model other Texas officials.emulate John Bradley's pastor publicly endorsed him saying John is ethical yet the facts in the Michael Morton, Todd Willingham and campaign statements prove him to be wrong. Attorneys, law enforcement officials and the media readily admit Texas laws are inadequate to rein in rogue DAs. I wrote State Sen. Ogden about the problem. His reply was voters must assume responsibility for those they elect. Given the sad state of education in Texas that's not enough.
Linda of Texas Babineaux
Dear Michael Morton; No one can say I know how you feel, the loss of everything dear to you through no fault of your own. Public employees that care more about their position and status then about the human race and ordinary people. These selfish Employees will climb on the backs of the people to succeed ignoring the founding documents of our country. I feel that I can also say that I know how you feel because Montague County Prosecutor Jack McGaughey has done the same to our family and is running for District Judge. It is truly a blessing that you were able to reunite with your loved ones and no amount of money can pay for the years that you lost. I want to see accountability also, my last few years have been destroyed by this selfish man. He does not belong in Public Service!
"I AM Michael Morton" via Texas Tribune on Facebook
Please join our group.
lisa brown
Are we making the mistake of jumping the gun and assuming Anderson deliberately witheld evidence before the inquiry takes place? You folks are deciding on guilt before trial. It could be a lot more complicated than you think.
Marnie Tunay via Texas Tribune on Facebook
Perhaps they were not found guilty of malicious conduct, but merely incompetence. The big question: 'Willfully or not?" Keep us posted on the symposium outcome...
Rob Shaftoe
Of course Ken Anderson is guilty, as are is nearly all Texas Sheriffs, District Attorneys, and Judges of ignoring the principal of seeking the truth, the whole truth, but nothing like the truth. This condition is so universal in Texas that I conclude that that is the way Texans like it, or else they would change it.
I discovered the situation when a man who was in a Top Secret restricted facility at the time an armed hold up was committed, was arrested, prosecuted, an imprisoned in a Texas, be cause the Texas legal authorities wanted to close the case with minimal effort, and a total disregard of the truth.
In this case a representative of the SECDEF and USAJ came to Texas, and met with a senior Texas Judge, who issued an order for this man's immediate release. The Texas Sheriff and DA involved still maintain that the man the Judge ordered released was guilty as they charged.
Since that time, I have avoided visiting Texas as I do North Korea, Iran, and Sudan, and other areas where unethical legal processes are maintained by the governing authorities, and citizens.