PROBE INTO FEDERAL PROSECUTORS’ MISCONDUCT CONTINUES
Fallout from the “River Birch”
Saga has engulfed at least one additional federal case in New Orleans, and surely more will follow. The
Times-Picayune reports that: “The investigation into possible misconduct on the part of prosecutors in former U.S. Attorney Jim Letten’s office — an outgrowth of last year’s online-commenting scandal — is still active and may continue for ‘some time,’
court papers show. A motion filed last week with the 5th U.S. Circuit Court of Appeal, on behalf of the defendants in the Danziger Bridge case, says U.S. District Judge Kurt Engelhardt indicated at an April 16 status conference in the bridge case ‘that
the investigation … might be on-going for some time.’”
Defendants in the Danziger Bridge case, have claimed that the same prosecutors, Sal Perricone and Jan Mann, who corrupted the River Birch investigation, “sought to poison the jury pool through alleged leaks to the press and pseudonymous comments posted under stories about the case.” They are seeking a new trial in part on the basis of this prosecutorial misconduct. Judge Englehardt ordered an additional investigation by Department personnel – this time from outside New Orleans – and a report back to the Court. The Report was originally due in December 2012, was extended by the Court until January 2013, but the investigation apparently continues, as Judge Engelhardt has now confirmed. Stay tuned!
ANY BETS ON WHETHER THE DEPARTMENT OF “JUSTICE” ULTIMATELY DISMISSES THE CASE RATHER THAN REVEAL THE DEPTHS OF MISCONDUCT?
Photo Credit: CHRIS GRANGER / THE TIMES-PICAYUNE Assistant U.S. attorneys Jan Mann, left, and Sal Perricone, right, talk with the media about the Moses Jefferson verdict on Aug. 21, 2009. (The Times-Picayune archive)
This post was written by Torrence Lewis
Torrence Lewis is an federal appellate practitioner with a focus on white collar and complex commercial litigation. He has served as co-counsel in dozens of cases primarily in the Fifth Circuit, resulting in published opinions in over 95% of those cases. Mr. Lewis is a magna cum laude graduate of the Indiana University Maurer School of Law in Bloomington, Indiana. During law school Mr. Lewis was co-counsel, as student practitioner, in over twenty felony criminal appeals, including direct appeals and habeas litigation in death penalty cases, before the Indiana Court of Appeals, Indiana Supreme Court, and the Seventh Circuit Court of Appeals.
Torrence Lewis is licensed in Illinois, Pennsylvania, the United States Courts of Appeal for the Second, Third, Fourth, Fifth, Sixth, Seventh, Tenth and Eleventh Circuits as well as numerous Federal District Courts.