Shocking article about a now former police officer who lied repeatedly and falsified drunk driving reports. Prosecutors had to dismiss 79 cases. Convictions had already been obtained in 73 of them! Former Officer Brandon Mullock now faces up to five years in state prison himself–or he could get probation. Sentencing is set for April 19.
Officers like this cause problems for their peers, the public, the law, and the very integrity of the system of justice they swore to uphold. There is no excuse for his behavior.
“What he did was make false statements in his reports, and in some instances he made false statements either in the affidavits submitted to the court or in testimony, usually at DMV hearings,” Locher said. “The system cannot function if we’re going to have police officers who are going to lie about what happened. We have to rely and depend on the integrity of the police in presenting the facts to the court.
Read more at Ex-Sacramento police officer pleads no contest to falsifying DUI reports – Crime – The Sacramento Bee.
“We all have a stake in ensuring that our criminal justice system reliably separates the guilty from the innocent. Letting police get away with manufacturing confessions or planting evidence not only risks convicting the innocent but helps the guilty avoid detection and strike again.” Kozinski (pictured below), concurring with his panel opinion.
Writing for the panel and even more in his own concurrence, Ninth Circuit Chief Judge Alex Kozinski blisters the Phoenix police detective who interrogated the defendant, and the Arizona prosecutors and trial judge who misapprehended the constitutional requirement to provide exculpatory and impeachment evidence to the defense. Ms. Milke was denied her constitutional right to extensive evidence of her lone interrogator’s history of lying, abuse of power, and other judicial findings of the police officer’s similar misconduct and disregard of constitutional rights.
The Ninth Circuit ordered the release of the defendant who has been incarcerated under a death sentence for 22 years and set clear procedures and time limits Read More »
Seeking Justice appreciates the work of The Innocence Project in exposing injustice in our system and working to improve the administration of justice. For its information on government misconduct, click here.
If the government’s wrongful prosecutions of former Alaska Senator Ted Stevens and four Merrill Lynch executives prove anything, it is that if the United States Department of Justice wants to convict you, they will do anything to make that happen—including hiding the evidence that shows you are innocent. It doesn’t matter how powerful you thought you were, how good you thought you were, how many friends you have, how much money you have, or that you did nothing wrong or illegal. An unethical and determined federal prosecutor can indict you, convict you and send you to prison. Read More »
ABA Model Rules of Professional Conduct (2013)
Rule 3.8 Special Responsibilities Of A Prosecutor
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; Read More »
In Berger v. United States 295 U.S. 78, 88 (1935), the Supreme Court enshrined the special role of the federal prosecutor in our system of justice:
The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. Read More »
This blog exists to provide both a source of current information and a forum for those who have experienced or witnessed misconduct by federal prosecutors in particular. We are especially interested in seeking reform of the legal system in the way it deals with “Brady violations” or the prosecutors’ suppression of evidence favorable to the defense. We want to hear from you. We also address other means of government malfeasance, and disregard of the Constitution or the Rule of Law.
We will blog twice a week and strive to keep you informed of the most recent developments in efforts across the country to hold prosecutors accountable when they fail to produce all favorable evidence to the defense. If you are an attorney representing a defendant or a defendant whose criminal conviction was reversed because a federal prosecutor suppressed evidence Read More »