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January 9, 2006
Justice Successfully Delayed
He spent 7 1/2 years on death row.
Eventually the concessions to the star witness came to light, and the prosecutor agreed that the defendant ought to get a new trial.
A grievance was filed against the prosecutors with the North Carolina State Bar. It alleged that the prosecutors knowingly suppressed the evidence about the star witness and lied in written submissions to the court at the trial.
The State Bar ruled on the case the other day: case dismissed. The disciplinary complaint, says the bar, was filed too late.
The greatest miscarriage of justice here has been averted: the defendant was granted a new trial.
Still, something doesn't smell quite right. In a case of this magnitude, with allegations this serious, a dismissal of the complaint for untimeliness does nothing to enhance the public image of lawyers in the State of North Carolina.
Posted by Eric at January 9, 2006 8:23 AM
Comments
That's the dumbest thing I ever heard. Since when is an ethical violation any less serious because it's been a little while since it happened? I agree, something is stinko here.
Posted by: The Subversive Librarian at January 9, 2006 12:35 PM
I find this disturbing. The culture of execution fostered in the 1990's in DA's offices and at the AG's office is being bailed out left and right by the NC Bar. The last case before the Disciplinary Committee was appalling. And this case makes it still more clear how little the Disciplinary Committee cares about the whole topic. The State Legislature will have to intervene at some point.
Posted by: Mark Chilton at January 9, 2006 6:00 PM
The potential that prosecutorial misconduct occurred in this case is exacerbated by the importance of the case itself (as a death penalty case) and by the fact that one of the prosecutors was in fact the elected District Attorney and the other is now a judge in a neighboring county.
Having said that, some time limits need to be applied to these sorts of allegations. But I agree that this kind of disposition does not reflect well upon our Disciplinary Committee and does not do much to bolster public confidence in our prosecutors.
Posted by: anonymous at January 11, 2006 9:34 AM
The State Bar is taking issue with the Disciplinary Commitee decision, saying the actions taken were felonies:
http://www.newsobserver.com/634/story/388034.html
Posted by: nc_litigator at January 13, 2006 9:41 AM
The wrong in this case goes far beyond the defendant, which is in itself a terrible act. This is a crime against the entire justice system, because it calls every conviction into question.
The misconduct may rise to the level of a felony with the intent to result in a homicide. An ethics inquiry is simply inadequate, a criminal investigation must be started.
Posted by: m at January 13, 2006 10:51 AM