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Prosecutors

Court rules Miami prosecutor was wrong to threaten police critic

The U.S. Court of Appeals for the Eleventh Circuit ruled that Miami-Dade State Attorney Katherine Fernandez-Rundle had “no basis in the law” when she threatened to prosecute a man for recording a conversation he had with the Chief of the Homestead Police Department. As a result, James Eric McDonough’s federal lawsuit against Fernandez-Rundle can proceed.

Davidson County, TN’s cash bail system under scrutiny

The American Civil Liberties Union of Tennessee and the Civil Rights Corpsare calling for an end to cash bail in Davidson County, a practice that keeps thousands of people locked up every year because they are poor. Hedy Weinberg, executive director of the ACLU of Tennessee, and Alec Karakatsanis, executive director of Civil Rights Corps, wrote in an op-ed that […]

Hamilton County Prosecuting Attorney has used forfeiture funds to help pay $2.2 million in no-bid contracts to friend and former colleague

A recent report by CityBeat shows that Hamilton County Prosecuting Attorney Joe Deters has engaged a longtime friend and former subordinate in a number of no-bid contracts totaling approximately $2.2 million. Two-thirds of the funds paid by Deters to Dennis Lima and his technology company have come from funds collected by his office through criminal forfeiture efforts.

Marion County Attorney Ed Bull declines to turn a 14-year-old girl into a sex offender for “sexting”

Confronting a federal lawsuit filed by the American Civil Liberties Union (ACLU), Marion County Attorney Ed Bull will not file criminal charges against a 14-year-old girl for “sexting.” Photos of the girl were acquired and printed by male students at her high school. Last year, the Iowa prosecutor launched an investigation of the high school student, Nancy Doe, for […]

Multnomah D.A. quietly imposes significant policy change concerning police use-of-force investigations

Police accountability advocates in Portland, Oregon celebrated a rare victory last October when former mayor Charlie Hales renegotiated the city’s contract with the Portland police union. Though many details of the negotiation were criticized, Hales did succeed in getting the union to strikethe long-held, controversial 48-hour rule that allowed officers involved in fatal shootings to wait […]

Another Detective Scarcella-involved conviction thrown out in Brooklyn

In the context of the justice system, it is now becoming disturbingly common: a conviction vacated and an innocent person freed from prison because of the misdoings of former New York City Detective Louis Scarcella. The latest is 43-year-old Jabbar Washington. Earlier this week his conviction was vacated after prosecutors determined he was denied a fair trial […]

Albuquerque prosecutor fired after evidence destroyed in rape case

The Office of Bernalillo County District Attorney Raul Torrez has fired a prosecutor who allowed critical evidence to be destroyed in a rape case. Torrez fired Jacqueline James because she authorized the destruction of evidence in a rape case — DNA, witness statements, photographs — that her office had decided not to prosecute. Only one month after that happened, the same suspect […]

New Orleans D.A. ordered to reveal names of prosecutors who issued fake subpoenas

Orleans County District Attorney Leon Cannizzaro has been ordered to disclose the names of all the prosecutors in his office who used “fake subpoenas” to compel witnesses to talk with them. Cannizzaro was given 20 days to produce the names of prosecutors who engaged in the practice during 2017. He then must provide the same information going back to 2013.

Scandals continue to mount for Orange County D.A.

Orange County District Attorney Tony Rackauckas, currently serving his fourth term as the elected prosecutor of the sixth most populous county in the United States, has vowed to seek reelection in 2018. Although he won reelection in 2014 with over 73% of the vote, the longtime prosecutor has been plagued by scandals that put his […]

Bexar County D.A. ducks accountability by shutting out newspaper

Bexar County District Attorney Nico LaHood is refusing to talk to the San Antonio Express-News and is blocking them from attending press conferences that he holds. The Express-News is the fourth-largest daily newspaper in the state of Texas in terms of circulation and a leading news source for South Texas. Bexar County is the seventh-most populous county […]

Las Vegas area cops seizing millions of dollars from low-income people of color

Between July 2015 and June 2016, the Las Vegas Metropolitan Police Department (LVMPD) made $1.9 million from civil asset forfeiture, the law enforcement practice of seizing cash and property from members of the public and forcing them to legally forfeit those belongings. Now, evidence shows that the funds came from low-income, predominately non-white neighborhoods. According to […]

Judges matter when it comes to treating kids like kids

Cuyahoga County prosecutor Michael O’Malley attempted to try a 15-year-old boy accused of murder as an adult. The child was accused of shooting 16-year-old Alexander Mullins in an abandoned building in Cleveland’s Slavic Village. O’Malley’s effort to try the child in adult court was rejected by Cuyahoga County Juvenile Court Judge Alison Floyd, who found that the […]

Prosecutorial misconduct in DE renders guilty plea unconstitutional

When a defendant pleads guilty, he must do so “knowingly, intelligently, and voluntarily.” Whether those requirements are undermined when prosecutors withhold information concerning the credibility of a key witness was explored in a recent decision by Judge Richard Stokes of the Superior Court of Delaware. On February 19, 2016, Michael Coverdale came to court on heroin-related criminal […]

Misconduct results in reversal in 34-year-old case

The Idaho Supreme Court ruled this past Monday that Idaho County prosecutors committed misconduct during Mark Lankford’s 2008 murder retrial. As a result, Lankford will need to be released from prison or retried for a 1983 double-murder. The court originally overturned Lankford’s convictions last summer but prosecutors petitioned for a rehearing. The court’s 39-page opinion (again) found that prosecutors unconstitutionally withheld […]

Follow up: Gaston County D.A. accused of withholding evidence in murder case

On Monday, July 3, 2017, a Superior Court judge granted Mark Carver’s request for an evidentiary hearing, which will be held in September. Carver claims he was wrongly convicted of the 2008 death of Irina Yarmolenko, a UNC Charlotte student. As previously discussed here, Carver’s attorney, Chris Mumma of the N.C. Center on Actual Innocence, has alleged […]

Prosecutorial misconduct found in Massachusetts

The scandals marring Massachusetts’ state drug labs — and its criminal justice system — have taken a new turn. Former state chemists Sonja Farak and Annie Dookhan have both received their legal comeuppances for their misconduct. And at least one wrongfully convicted person, Leonardo Johnson, has been awarded $2 million as a result of being victimized by Dookhan’s lies. But last week, following months of […]

California Supreme Court finds “discriminatory bias” in prosecution’s use of peremptory jury strikes

The California Supreme Court overturned the 2012 convictions of three men after finding that Kern County prosecutors used peremptory strikes in a discriminatory manner to keep Latinos off their jury. According to the Los Angeles Times, “The unanimous decision, written by Justice Mariano-Florentino Cuéllar, appeared intended to send a clear signal to prosecutors, defense lawyers and the […]

Bail reform embraced by Cook County State’s Attorney

Cook County State’s Attorney Kim Foxx, whose office is responsible for prosecuting crimes in the nation’s second-larget county, has launched a new approach to pretrial detention. Foxx announced earlier this month that her office would be recommending that people charged with misdemeanors and low-level felonies who do not have a history of “violent crime” or pose a […]

Under Criminal Investigation, California D.A. Resigns

In early June, District Attorney Mark Peterson was busy planning for his reelection campaign in Contra Costa County, California. But life comes at you fast, especially when you’ve admitted to embezzling $66,000 in campaign funds for hotel rooms, movie tickets, jewelry, and other frivolities. Peterson got an unusual taste of his own medicine when he was […]

Police and Prosecutors Should Do More to Protect Immigrants

Overwhelmingly, “undocumented” residents are referred to by the current administration In Washington as “illegal aliens” and identified almost exclusively as Latinos. There is little, if any, subtlety in this regard. The administration’s policy is undeniably race based.