PASSAGE OF THE DAY: "I have a few thoughts based on my observation of the proceedings. First, this hearing committee (chaired by Paul Rosenzweig) did a superb job of conducting the proceedings. The hearing was focused and efficiently tried and a great deal of the credit goes to the committee and its chair. As a result, a hearing that was scheduled to go on for another week will conclude tomorrow morning. Second, the case very well tried by the parties with an absence of rancor and histrionics on either side. Third, the Respondent carried herself with great dignity and was extremely impressive in her testimony denying bad faith and any intent to violate her discovery obligations, It was particularly distressing to hear her recounting of the flood of abuse and threats directed to her and her family."
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COMMENTARY: "A Well-Tried Case Nears Its Conclusion" by Legal Profession Prof. published on March 13, 2025. (Law Professor Blogs, LLC is the nation's only network of legal blogs edited primarily by law professors. Law Professor Blogs, LLC’s legal blogs are edited by over 100 law professors, deans, and lawyers. Editors include leading scholars and educators who are committed to providing the web source of legal news, information, commentary, and analysis for law professors, practitioners, government and nonprofit lawyers, and students in their respective fields. Most of the network’s blogs are owned by Law Professor Blogs, LLC. Several blogs are affiliates of the network.)
GIST: "I have had the opportunity to closely watch the hearings in the District of Columbia disciplinary case against former Assistant United States Attorney Jennifer Kerkhoff Muyskens over the past few days.
The allegations were reported by the Washington Post
In July, the D.C. Bar’s Board of Professional Responsibility alleged Kerkhoff Muyskens hid key video evidence and made false statements about video evidence at least 12 times to judges, defense attorneys and even internal investigators at the Department of Justice.
The D.C. Bar case could result in her losing her law license, but that could take years.
The D.C. ACLU’s Interim Legal Director Michael Perloff called the Kerkhoff Muyskens case “an egregious example of prosecutorial misconduct.”
On Jan. 20, 2017, hundreds of protesters took to D.C.’s streets to protest Trump’s inauguration. D.C. police mass arrested more than 200 people, and many were later indicted on felony rioting charges.
Alexei Wood, one of the arrested protesters who was acquitted at trial, said Kerkhoff Muyskens, “really had absolutely nothing [at trial]. And she just kept going and going and going and going."
In court, not a single person was convicted, and dozens of cases were eventually dismissed.
In her denial filed Monday, Kerkhoff Muyskens, who is now an assistant U.S. attorney in Utah, acknowledged she was the prosecutor in the protest cases but denied any misconduct, paragraph by paragraph.
I have a few thoughts based on my observation of the proceedings.
First, this hearing committee (chaired by Paul Rosenzweig) did a superb job of conducting the proceedings. The hearing was focused and efficiently tried and a great deal of the credit goes to the committee and its chair.
As a result, a hearing that was scheduled to go on for another week will conclude tomorrow morning.
Second, the case very well tried by the parties with an absence of rancor and histrionics on either side.
Third, the Respondent carried herself with great dignity and was extremely impressive in her testimony denying bad faith and any intent to violate her discovery obligations,
It was particularly distressing to hear her recounting of the flood of abuse and threats directed to her and her family.
The cross-examination of Respondent will likely conclude tomorrow morning and the hearing committee will likely render its preliminary, non-binding conclusion as to the allegations after lunch.
I predict a finding of no misconduct.
My predictions are frequently wrong. (Mike Frisch)
The entire commentary can be read at:
https://authory.com/HaroldLevy
Harold Levy: Publisher: The Charles Smith Blog.
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PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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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;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
