Tuesday, July 05, 2011

PROSECUTORS: Need to be punished...

The current United States Supreme Court, the h...Image via Wikipedia











I have often stated that PROSECUTORS, at all levels, do not have justice as their first priority but conviction at any price; a good conviction record means a good resume, good enough to run for the next higher office.

We now are aware of countless convicted men that were later exonerated by DNA evidence or just the discovery of prosecutorial misconduct during the trial. Many men were on death row when they were freed.

The latest case involves a similar story about John Thompson who spent 18 years in jail, 14 of which were on death row for a murder and carjacking of which he was later exonerated.

A private investigator discovered that the assistant district attorney kept “exculpatory” (to clear one of guilt) evidence from the defense attorney. In other words, this prosecutor who knew the evidence he had would clear Thompson, hid it on purpose just to get a conviction; send an innocent man to death…can you believe it?

Thompson sued the Orleans Parish district attorney’s office for allowing one of their prosecutors to withhold evidence that would have cleared him and railroading him onto death row. He won a jury verdict awarding him $14 million dollars but the case eventually found its way to the Supreme Court; which is rare.

The district attorney’s office argued that it was a “rogue prosecutor” or “miscreant prosecutor” who was at fault and not the district attorney’s office. The Supreme Court’s conservative judges agreed with the district attorney’s argument and nullified all previous rulings including a favorable ruling by the 5th Circuit Court.

I won’t go into the legal mumbo-jumbo but to say the court split along ideological lines; conservatives vs. liberals.

My point is what about Mr. Thompson’s lost 18 years? What about the mental anguish of being on death row? What about his children that did not have a father those 18 years and thought their father was a murderer? Where is justice for this man? He even said it was not about the money but how could this have happened; why is this allowed?

The Supreme Court stated that the New Orleans District Attorney’s office could not be held responsible for what occurred and my question is WHO IS TO BE HELD RESPONSIBLE FOR WHAT HAPPENED? The fact that the original prosecutor (now dead) and three (3) other prosecutors plus the lab that tested the evidence, knew the evidence existed and was not being given to the defense, proves that people were responsible for the crime against Mr. Thompson.

The conservative bloc of the Supreme Court, in this case, failed to provide justice and more importantly, failed to send a message to all U.S. prosecutors that unlawful behavior on their part will not be tolerated and a price will be extracted from those prosecutors that behave in this way and from the office that employs these prosecutors and has a responsibility to supervise these “miscreant prosecutors”.


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