PUBLISHER'S NOTE: On May 27, for the second time in a history of more than 8,000 posts spread over 12 years, I published a post which did not in some way deal with flawed pathologists, flawed pathology or flawed science in the criminal justice system. The post dealt with a terribly flawed former Houston Narcotics officer named Gerald Goines who has admitted inventing a fictional heroin purchase by a nonexistent confidential informant to justify the raid. Using the fraudulent 'no knock' fictional document, officers broke into the house, shot to death a couple who had been napping at the time of the raid - and killed the couple's dog. Police found no evidence that the the couple was selling heroin, as Goines had claimed. This was simply too great an assault on the principles of justice for me to remain silent - even though the incident did not fit strictly within the guidelines of this Blog. Similarly, although today's post does not deal with flawed pathologists, flawed pathology or flawed science in the criminal justice system, I feel compelled to comment as it also deals with lies which go to the heart of the court process - in this case attributed to one of the most important actors in any criminal justice system - the prosecutor - Orleans Parish District Attorney Leon Cannizzaro.
Harold Levy: Publisher: The Charles Smith Blog.
---------------------------------------------------------------------
PASSAGE ONE OF THE DAY: "Prosecutors said they should be shielded by the longstanding concept of prosecutorial immunity, which holds that they are protected for actions they take ahead of trial. But the federal judges were scathing about the use of the bogus subpoenas, which didn’t have a state judge’s approval but still threatened jail time for crime victims and witnesses who declined to cooperate. One judge called them a “lie."
-------------------------------------------------------------
PASSAGE TWO OF THE DAY:
"Civil rights lawyers filed the suit in 2017 on behalf of New Orleans crime victims and witnesses who said they received bogus "subpoenas" asking them to meet with prosecutors to discuss pending cases. The plaintiffs argued that the documents violated witnesses' rights. Prosecutors sometimes added insult to injury by using the fake subpoenas as a pretext to obtain arrest warrants to hold witnesses for trial, according to attorneys at the American Civil Liberties Union of Louisiana and Civil Rights Corp."
-------------------------------------------------------------
PASSAGE THREE OF THE DAY:
The plaintiffs’ attorneys said they were pleased. “Today, the 5th Circuit made it clear that the prosecutors in the Orleans District Attorney’s Office should be held accountable for using fake subpoenas to threaten and coerce our clients,” said Katherine Chamblee-Ryan, a lawyer at Civil Rights Corps. “This is a victory for each of those people whose lives they derailed, and now they can move forward with seeking legal relief for their suffering. We are proud to fight for and alongside them."
--------------------------------------------------------------
--------------------------------------------------------------
STORY: "Fake subpoena' lawsuit can proceed against Leon Cannizzaro, federal judges say," by Reporter Matt Sludge, published by The Times-Picayune on April 21, 2020.
GIST: "Federal appeals court judges said Tuesday that a lawsuit against Orleans Parish District Attorney Leon Cannizzaro's office over its use of fake subpoenas can proceed, rejecting prosecutors' claims that they are immune from suit.The unanimous decision came as no surprise after a panel of three judges on the U.S. 5th Circuit Court of Appeals gave Cannizzaro's legal team a rocky reception at an oral argument in February. Prosecutors said they should be shielded by the longstanding concept of prosecutorial immunity, which holds that they are protected for actions they take ahead of trial. But the federal judges were scathing about the use of the bogus subpoenas, which didn’t have a state judge’s approval but still threatened jail time for crime victims and witnesses who declined to cooperate. One judge called them a “lie.” Judge Catharina Haynes, a George W. Bush appointee, didn’t repeat some of the harsher criticisms in her opinion published on Tuesday. However, Haynes said that based on the facts alleged in the lawsuit, it appeared that the prosecutors were acting more like police investigating a case than lawyers preparing for trial when they issued the fake subpoenas, and thus weren’t immune from legal challenge. Civil rights lawyers filed the suit in 2017 on behalf of New Orleans crime victims and witnesses who said they received bogus "subpoenas" asking them to meet with prosecutors to discuss pending cases. The plaintiffs argued that the documents violated witnesses' rights. Prosecutors sometimes added insult to injury by using the fake subpoenas as a pretext to obtain arrest warrants to hold witnesses for trial, according to attorneys at the American Civil Liberties Union of Louisiana and Civil Rights Corp. If the allegations made by the crime witnesses are true, they would have a case to make to a jury, Haynes said. “Individual defendants allegedly violated the rights of victims and witnesses with no cases pending against them,” Haynes said. “This case is likely (the) plaintiffs’ only means of legally redressing the harms they suffered as a result of individual defendants’ alleged conduct.” Still, Haynes noted that prosecutors still have a chance to get the case tossed on the same grounds once more facts are developed at pre-trial proceedings.
Haynes was joined by Judges Jennifer Walker Elrod and Leslie Southwick, also Bush appointees.
Their decision to keep the case alive could put a cloud over the district attorney going into the fall election. Cannizzaro hasn't yet announced whether he'll run for a third term, but criminal defense attorney and City Councilman Jason Williams has declared his intention to run. A spokesman for Cannizzaro said his office was reviewing the decision. The DA's Office announced it was dropping the fake subpoenas after their use was revealed by the Lens in 2017. “It is important to note that the court thus far has ruled only on the basis of the plaintiffs’ allegations," said a spokesman for the DA. "We have yet to have our opportunity to challenge the factual basis of those claims. Once these allegations must be proven, we expect quite different results.” The plaintiffs’ attorneys said they were pleased.
“Today, the 5th Circuit made it clear that the prosecutors in the Orleans District Attorney’s Office should be held accountable for using fake subpoenas to threaten and coerce our clients,” said Katherine Chamblee-Ryan, a lawyer at Civil Rights Corps. “This is a victory for each of those people whose lives they derailed, and now they can move forward with seeking legal relief for their suffering. We are proud to fight for and alongside them.""
https://www.newsbreak.com/louisiana/new-orleans/news/0OoxwV29/fake-subpoena-lawsuit-can-proceed-against-leon-cannizzaro-federal-judges-say
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
-----------------------------------------------------------------
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
------------------------------------------------------------------
