EDITORIAL: "A prosecutor is punished," published by the New York Times on November 8, 2013.
GIST: For what may be the first time on record, a former prosecutor in Texas is going to jail for failing to turn over exculpatory evidence in a murder trial. The 10-day jail sentence for the prosecutor, Ken Anderson, is insultingly short — the victim of his misconduct, Michael Morton, spent nearly 25 years in prison. But because prosecutors are so rarely held accountable for their misconduct, the sentence is remarkable nonetheless.........This case may sound extreme, but prosecutorial misconduct is far too common, and the remedies for it, if any, usually come long after the harm has been done. Criminal defense lawyers have called for judges to issue a standard written order reminding prosecutors of their ethical duty and to warn them of contempt charges if they do not comply. Prosecutors should welcome this practice to reinforce professional standards and identify the wrongdoers among them. "
GIST: For what may be the first time on record, a former prosecutor in Texas is going to jail for failing to turn over exculpatory evidence in a murder trial. The 10-day jail sentence for the prosecutor, Ken Anderson, is insultingly short — the victim of his misconduct, Michael Morton, spent nearly 25 years in prison. But because prosecutors are so rarely held accountable for their misconduct, the sentence is remarkable nonetheless.........This case may sound extreme, but prosecutorial misconduct is far too common, and the remedies for it, if any, usually come long after the harm has been done. Criminal defense lawyers have called for judges to issue a standard written order reminding prosecutors of their ethical duty and to warn them of contempt charges if they do not comply. Prosecutors should welcome this practice to reinforce professional standards and identify the wrongdoers among them. "
The entire editorial can be found at:
http://www.nytimes.com/2013/11/09/opinion/a-prosecutor-is-punished.html?_r=0
See Grits for Breakfast commentary: "A prosecutor going to jail for Brady violations may be a first, but compared to what Morton faced, it's hard to say with a straight face that Anderson was "actually punished in a meaningful way." Losing his bar license is surely a bigger deal than ten days in jail. And at his age, with his judicial pension intact, losing his license wasn't as harsh a punishment as the national media disapprobation he's endured. As justice goes, this outcome represents relatively weak tea compared to the monstrous injustice Michael Morton endured at Anderson's hands. That said, legislation passed this year bearing Morton's name requires Texas prosecutors going forward to open up their files to defense counsel, a measure that probably would have prevented Morton from ever being convicted if it were in place back in 1986. That new law will produce greater justice than Ken Anderson will ever face. In essence, Michael Morton sacrificed most of his adult life to secure that pivotal reform. When he looks back on this misbegotten episode, that will be the most important part of his legacy, while Ken Anderson's tepid punishment will amount to a footnote."
http://gritsforbreakfast.blogspot.ca/2013/11/ken-andersons-punishment-for-brady.html
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
I look forward to hearing from readers at:
hlevy15@gmail.com