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Criminal Justice

The Massachusetts Lab Scandals: Confronting the New Normal of Mass Error in Criminal Justice

Last month, Massachusetts criminal defense lawyers filed suit seeking an extraordinary measure of relief: dismissal en masse of thousands of drug convictions, with prejudice — meaning that prosecutors would forever be barred from retrying the defendants. The circumstances giving rise to the request were, at first glance, equally extraordinary. First, there was the revelation in 2013 that Massachusetts state […]

ICE Is Making Its Massive Data Collection Effort Secret As It Labels More and More Immigrants ‘Gang Members’

In a new rule proposal, the Department of Homeland Security has moved to exempt large swaths of the Immigration and Customs Enformcement’s massive data collection system from the Privacy Act, making the type, sources, and accuracy of information ICE is collecting almost completely secret. By doing so, it would further obscure a law enforcement agency that […]

Washington DA faces discipline over television appearance

Pierce County, Washington Prosecuting Attorney Mark Lindquist will likely face a disciplinary hearing for comments he made during a television interview on the Nancy Grace Show. Lindquist could face disbarment, as well as suspension from his elected position. Lindquist appeared on Grace’s show in February 2016 to discuss the murder trial of Skylar Nemetz, which was […]

Harris County D.A. will no longer prosecute “trace cases”

Harris County District Attorney Kim Ogg made good on a central campaign promise this week, announcing that her office will no longer prosecute “trace cases” that involve trivially small amounts of drugs, or drug residue. In an interview with the Houston Press, Ogg said that although there is still no formal policy prohibiting these prosecutions, her office stopped […]

What It Really Means To #TakeAKnee

If peaceful protests did nothing, the powerful wouldn't try so hard to silence them. #TakeAKnee pic.twitter.com/0aONI66gJF — NYCLU (@NYCLU) September 23, 2017 Donald Trump called on NFL owners to fire any “son of a bitch” player who took a knee during the national anthem. The players, coaches, and in some cases, owners, had a response. […]

What Donald Trump Can Learn From Colin Kaepernick

Donald Trump should take a few lessons in leadership from Colin Kaepernick, Malcolm Jenkins, Anquan Boldin, and other NFL players who bravely use their platforms to lift the voices of the least powerful, and do so in a way that honors this country’s deep and important protest tradition. Last year, Colin, a 29 year old […]

The Trials of Leon Cannizzaro

Leon Cannizzaro faced off against the New Orleans City Council this past Wednesday. What began as a request for the council to restore $600,000 in funding to the District Attorney’s office turned into a referendum on Cannizzaro’s punitive tactics and general lack of concern for people’s constitutional rights. He’s been written about before for harassing defense attorneys, threatening eyewitnesses […]

Voters opt against candidate with history of misconduct in Ontario County D.A. race

At the ballot box in Ontario County, New York this week, Republican voters chose candidate Jim Ritts as the primary candidate for district attorney. Ritts won with 55 percent of the vote, beating Kristina “Kitty” Karle, a former assistant prosecutor in neighboring Monroe county. Karle’s loss comes after an appellate court criticized her for prosecutorial misconduct in […]

Another wrongful conviction — and a chance for Worthy to step up

Jamal Segars and his friend Brian Minner were shot near the Detroit airport in 2004. Thelonious “Shaun” Searcy became the prime suspect, and investigator theorized he had meant to kill someone else and shot Segars and Minner by mistake. Officers from the scene were unable to identify Searcy, but four other random eye-witnesses did. Searcy presented eight […]

Utah County to Create A Prosecutor Watchdog Group

Following a handful of local cases that raised concerns about prosecutorial overreach, the Utah County Commission has decided to create a committee that will look into prosecutorial misconduct. “I don’t want to limit what prosecutors should be doing,” Commission Chairman Bill Lee said. “But it’s important to me that the public also has trust in our legal […]

Organizers Call on Florida Gov. Scott to Rein in Polk County Sheriff

As residents of Florida, Georgia, and the Carolinas prepare themselves for the destructive impact of Hurricane Irma over the weekend, one county sheriff has decided to the seize the opportunity to arrest more people. On Wednesday, Polk County, Florida Sheriff Grady Judd took to Twitter to warn his followers that his deputies would be checking IDs at […]

A victory for racially inclusive juries in Washington

The transcript calls him Mr. Meyer, or Juror №5. In October 2014, he arrived at Seattle Municipal Court, which handles misdemeanors, for the trial of Matthew Erickson. Mr. Erickson had been charged with unlawful use of a weapon and resisting arrest. The judge told the prospective jurors that the lawyers would question them to see […]

Indiana law that allows law enforcement to seize vehicles of people not convicted of crime unconstitutional

An Indiana vehicle seizure law that allows police and prosecutors to seize vehicles before the owner has been convicted of a crime has been ruled unconstitutional. Earlier this month, U.S. District Judge Jane Magnus-Stinson ruled that seizing vehicles before an official forfeiture action violated the Constitutional right to due process. “The Court concludes that the statutory provisions […]

Orange County DA retaliated against subordinate, new claim alleges

Embattled Orange County District Attorney Tony Rackauckas has another scandal on his hands. A veteran prosecutor, Karen Schatzle, has filed a claim against Rackauckas’ office after the district attorney allegedly retaliated against her when she chose to unsuccessfully run against an incumbent superior court judge. Schatzle is seeking $5 million in damages. Schatzle claims she was […]

California prosecutor punished a second time for conduct in prosecuting high profile child molestation case

The State Bar of California has given a public reproval to a San Mateo prosecutor after ruling that she made false statements about a potential witness in a criminal case. Under a settlement agreement, Deputy District Attorney Melissa McKowan stipulated to one count of violating the business and professions code while she was prosecuting the child molestation […]

Kym Worthy refuses to admit fault, again

In 1996, a 12-year-old girl named Christina Brown was found dead in a Detroit apartment. She had been beaten to death with a toilet tank lid; she’d also been stabbed. Lamarr Monson — who had been living with and dealing drugs with Brown thinking she was older — came home and found her dead. He called for the neighbors to […]

Terry Williams finally gets a chance

Of all the death row stories, perhaps none is quite as heart wrenching as that of Terry Williams, who was sentenced to death in Philadelphia three decades ago. This week, the Pennsylvania Supreme Court has decided that Williams should finally get another penalty-phase trial, which means that Williams has a chance to explain why he deserves […]

Former Indianapolis prosecutor will not be disciplined despite findings of misconduct

A prosecutor who worked for Marion County Prosecutor Terry Curry will not face discipline despite findings of prosecutorial misconduct in two separate criminal cases. Former Marion County Deputy Prosecutor Gillian DePrez Keiffner was the lead prosecutor in two criminal cases where the Indiana Court of Appeals found that Keiffner committed misconduct. In Brandon Brummet’s case, the appellate court […]

Stacy Parks Miller faces discipline

While prosecutorial misconduct generally slides under the radar, every once in a while, there’s a prosecutor whose acts are so egregious that they inspire bar complaints. So it is with Stacy Parks Miller, the chief prosecutor for Centre County, Pennsylvania, whom I previously covered for Slate in May, just before she lost her reelection bid. If you’ve heard of Parks […]

Texas district attorney to police: Do better.

Last Wednesday, County District Attorney Kristen Barnebey of Aransas County, Texas announced that her office will not accept cases presented by a local police department until its officers are better educated and trained. A press release issued by her office on Tuesday states that the Rockport Police Department has withheld evidence in violation of the law — […]

Death penalty taken off table for killer due to prosecutor and sheriff misconduct

A California judge has taken the death penalty off the table for Scott Dekraai after finding that the Orange County District Attorney’s Office and the Orange County Sheriff’s Department engaged in “chronic” corruption. On Friday, Superior Court Judge Thomas M. Goethals said Dekraai could not face the death penalty due to the repeated misconduct by both D.A. Tony Rackauckas’s office and […]