Prosecutors Held Accountable After Nine Years in Prison
Today's New York Times reports on a man convicted in a case in which the prosecutor was sitting on a mountain of exculpatory evidence. When the defendant dug up the information, the Bronx DA told him it had been exempt from disclosure during his trial because of a novel legal doctrine they cooked up on the spot. This new principle, called "law enforcement exemption" by the Bronx DA, sounds a little like Bernie Ebbers' defense: It was being handled by another part of the office and I didn't know about it.
The DA got 9 different state judges to buy into it before a federal judge started asking embarrassing questions which led to the defendant's release. Applause for Legal Aid lawyer Mitchell Briskey for his determination and ultimate success in this case. [Hat tip to Terry Kindlon]
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