The Anger Blog-Anger Over Prosecutorial Misconduct

Prosecutorial misconduct has been going on forever but seems to be making the headlines more often in recent years. Case after case involves innocent people who have spent years on death row or 25 years in prison for crimes they didn't commit. The intentional withholding, on the part of prosecutors, of evidence that could have helped the defense of a person on trial is beyond unethical. A case in point is Michael Morton's 25-year incarceration for murdering his wife, a crime for which he was exonerated last year by DNA evidence. The Texas prosecutor in the trial (now a state district court judge) had failed to turn over all evidence, including eyewitness testimony, even after the presiding judge explicitly ordered him to do so. What really makes me angry is the court's refusal or inability to hold these prosecutors accountable.

Adding insult to injury, there is rarely, if ever, any legal action taken against these prosecutors. Not only do they avoid prison time, but also, in most cases, they don't even lose their license to practice. Usually, they get a slap on the wrist at most. The anger this must generate in the falsely accused, as well as their family members, who are also victims, has to be immense. We aren't talking about an honest mistake here, but an intentional withholding of evidence that is favorable to the defendant.

I would like to see those prosecutors indicted and, if found guilty, serve the same amount of time in prison as the innocent defendants who were wrongly convicted because of their misconduct.