Sunday, May 31, 2009

There's been an awful lot of cases of prosecutorial misconduct

in federal cases coming out the past while; it appears here's another:
Former U. S. Attorney Robert McCampbell said today that Army Lt. Michael Behenna, convicted of murder in the death of an Al Qaida operative in Iraq, should, at the least, be given a new trial due to prosecutorial misconduct.
Prater said information in the possession of the military prosecutors in the Behenna case favorable to Behenna should have been "immediately" disclosed to Behenna's defense attorneys. Instead, the information was not disclosed until Behenna had been convicted. An appeal to the judge based on the withholding of the information was dismissed.
That information came from the proseuction's own forensics expert, who agreed with Behenna's account of how the death occurred. The expert was not called to testify and was sent home by the prosecutors after he told them of his opinion.
Ok, if this is accurate, then the prosecutors should be disbarred and prosecuted themselves. The job of a prosecutor is supposed to be to find the facts, to seek the truth; NOT 'get a conviction no matter what we have to do'.

1 comment:

Rev. Paul said...

We who supported & voted for Sen. Ted Stevens are familiar with the syndrome.

Seems a pattern has formed. Time to take the country back, before it's gone completely.