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Showing posts with label False Charges. Show all posts
Showing posts with label False Charges. Show all posts

Friday, September 14, 2012

West Virginia Prosecutors Prove Once Again Why Individuals SHOULD be Permitted to Sue the State for Malicious Prosecution

The recent acquittal of Autumn Rae Faulkner in Elkins, West Virginia, in which a jury deliberated for only an hour, provides ironclad proof that prosecutors, state and federal, should NOT be protected with any kind of immunity, period. When jurors take only an hour to acquit -- and having served as a jury foreman, I can tell you that much of that time was spent on activities besides talking about the case -- one can bet that they made up their minds even before the prosecution rested its case.

Faulkner was accused of having sex with a 15-year-old student three times in 2008 and 2009. 

It is easy to surmise that prosecutors had NO case whatsoever, and either the so-called "experts" were the stupidest people in the room, or they were the most craven. I wish it were the former, but the latter dominates my thinking.

So, why did the prosecution bring the charges and destroy this woman's life in the first place? They did it because they can do it, and that is what they were telling everyone else. Prosecutors, you see, really don't care about guilt or innocence; they just love showing their authority, and since the U.S. Supreme Court has ruled that prosecutors have absolute immunity, they also know that no one in the system will hold them accountable.

In reading the article on the acquittal, I am struck by the utter arrogance that prosecutors had, and the way they dishonestly went about presenting evidence:

Following the trial, special prosecuting attorney Steve Jory said he didn't believe there was anything else the prosecution could have done differently that would have altered the outcome of the case.

"I think we presented every piece of evidence we had available to present," Jory remarked. "The case was fairly tried and the jury made its decision. Apparently they didn't believe we had enough evidence to prove our case." 
 But it gets even better:

Mazzei also highlighted the fact that the state hadn't presented any DNA evidence.
"The state took phones and [Faulkner's] computer, her couch, her comforter, bedding, a car, and no evidence ever came out of that that would prove Mrs. Faulkner was guilty," Mazzei said.

During his final statement, however, Jory told Mazzei that the prosecution wasn't able to present any DNA evidence because "you wouldn't allow your client and her husband to give (DNA) samples and we could not complete lab analysis." When asked after the trial if the court could have compelled Faulker and her husband, Scott Faulkner, to submit their DNA for testing, Jory said that it was possible, but the previous prosecutor in the Faulkner case -- former Randolph County Prosecutor Richard Busch -- had failed to do so.

When asked why he didn't later ask the court to order the Faulkners to submit their DNA for analysis, Jory simply said "there were a lot of factors" involved. (Emphasis mine)
As anyone familiar with criminal law knows, if the state wants evidence, it can get it. My sense is that the prosecutors and police did not seek DNA evidence because they knew there was none, it so leaving things in the realm of mere speculation where they could use innuendo would be more effective. (I imagine prosecutors already had convinced members of the media that Faulkner was a predator, but most journalists will believe anything cops and prosecutors say.) To claim to a jury that the state could not get evidence because the defendant and her attorney told them they could not get it fails to pass the laugh test.

But, when it comes to the use of innuendo, nothing tops this:
The state's evidence - or its lack thereof - was the subject of (Rocco) Mazzei's closing arguments Thursday.
"The state has this theory that a whole lotta text messages somehow equals guilt of sex," Mazzei said, referring to the voluminous number of text messages Faulkner sent to the 18-year-old student based on documents the prosecution subpoenaed from AT&T. "[Jory] wants you to convict her on a number of text messages. You should require the state to prove that this theory ... as it is, this theory is mere speculation. You haven't seen the content of a single text message."
 Wow! So, prosecutors told the jurors that there were a great number of text messages, but did not show their content to jurors in hopes that they would be able to use their imaginations to surmise what Faulker MIGHT have written. As anyone familiar with teacher-student sex cases knows, text messages in the sort of situation prosecutors were alleging existed would have been filled either with sexual innuendo or outright graphic language.

What does this mean? It means that prosecutors read the messages and realized that not one of them were sexual, so they tried to deceive jurors, instead, by lying and suborning perjury.

Lord knows how much money Faulkner and her husband and family spent defending her against charges that obviously were false from the beginning. No doubt, the West Virginia school system will take its revenge by permanently sullying her record.

And what happens to prosecutors who financially ruin innocent people just because they can do it? Nothing. These are people who viciously ruined the lives of others in an attempt to make an obviously fraudulent case look to have substance.

Will the State of West Virginia take action? Don't hold your breath. Once again, we see why prosecutors should be sued; that is the ONLY way they will be held accountable.

Are these prosecutors the proverbial "bad apples" in a good barrel? Think again; in West Virginia, the entire barrel is rotten.

Thursday, July 26, 2012

Suspicious Indictments in Marion County

There are few people more likely to rush to judgment when criminal charges are made than police officers and prosecutors that regard themselves to be the avengers of wronged victims. A rush to judgment almost always ends in tragedy with innocent people convicted and criminals running free.

What even is worse is when those "crusades" decide that a crime has been committed that in reality is non-existent. Mike Nifong went after the Duke Lacrosse players long after he was told that there was no evidence that anyone had raped Crystal Mangum. Likewise, Tonya Craft was railroaded even though she had molested no one, something that "judge" Brian House and his two henchman, Len "the man" Gregor and Chris "Cruisemaster" Arnt understood from the beginning.

From what I can tell, something similar is happening in Marion County, although I am reluctant to say that the detective involved is fundamentally dishonest like what we see in the Lookout Mountain Judicial Circuit. Nevertheless, I am seeing a number of red flags that I believe need a hard and suspicious look from others.

Last month, a Marion County grand jury indicted Glenn Webster on 45 counts of child abuse and molestation, with the investigating detective being Beth Schindel. The story was in the Chattanooga TimesFreePress, and was the standard kind of piece one sees in such cases. The writer, Ben Benton, referred to the accuser, who is related to Webster, as the "victim," and not the "alleged" victim, as he should have done.

(Granted, the media in Chattanooga pretty much rushes to judgment in these kinds of cases. Witness how Channel 9 tried to convict Craft in its broadcasts, and even after the verdict, the WTVC news director told me that Craft very well could be guilty. In other words, according to some local media, the accusations are proof of guilt, a narrative that is not permitted to be disturbed under any circumstances, and certainly cannot and should not be dislodged by the facts.)

Benton's story mentions that Webster is a triple amputee (missing two legs and an arm), and that he has been well-known as a volunteer to the local Boy Scouts. I must admit this is interesting, First, how does a triple amputee do what was alleged, especially given that it should not be difficult for someone to get away from him?

Second, child molesters do not just do it to one kid. No, they almost always leave a trail, and what better place for a real child molester to do so than working as a volunteer with the Boy Scouts? I have not heard anything from other children or their families with whom Webster came into contact, and I would be quite interested to know whether other youngsters are making similar claims.

Unfortunately, the courts and the legislatures of this country have ruled that when it comes to rape, child molestation, and sexual assault, no corroborating evidence is needed for a conviction. The simple word of an accuser is all that is needed. In the Duke Lacrosse Case, a grand jury indicted Reade Seligmann for rape even though he had ironclad proof he was more than a mile away from the venue where the non-rape occurred. And I can guarantee you that a jury in Durham would have convicted Seligmann had the case come to trial, despite the evidence.

There was another story involving Schindel that also has made me highly suspicious of her investigative integrity, one involving the discredited "Shaken Baby Syndrome." The Marion County Sheriff's website says this about Schindel:
Detective Schindel works on a wide range of cases from property crimes to drug cases. While she has been successful in solving and convicting criminals in these situations, bringing justice to child sex crime and rape perpetrators remains a very high priority. Detective Schindel has put many offenders in such cases behind bars. Her goal is to be the voice for the victims in the courtroom and work every case aggressively. (Emphasis mine)
 While the words were written in praise, they also tell me that Schindel almost surely decides that the accusation is "proof" of guilt, and then she simply tries to pound the square evidence peg into the round hole of facts. Single-minded people like this are likely to aggressively put innocent people into prison and not lose sleep over their tactics.

Again, I don't know Schindel, and I don't know if she is a female version of Tim Deal, but I cannot be hopeful about her commitment to due process or the assumption of innocence. And then there is the "shaken baby" case, again from the TFP:
The "suspicious" death of a 3-month-old boy on Saturday triggered an investigation in Marion County, Tenn., and authorities say they're waiting for autopsy results to show whether a criminal act led to Colin Russell's death. 
The baby's father has been named a "person of interest" in the case, but no charges have been filed, according to investigators.
The story goes on:
Detective Beth Schindel spent several days in Nashville while Colin was being treated. She said medical scans and a magnetic resonance imaging scan done last week showed the baby had retinal hemorrhaging and brain trauma.  
Those injuries are similar to those found in cases of shaken-baby syndrome, she said.
Except that so-called Shaken Baby Syndrome might well be yet another medical hoax that activists and the media and courts have foisted upon innocent people. A lengthy New York Times article last year by Emily Bazelon laid out the hard facts that a lot of people in the medical community now reject that diagnosis -- a diagnosis that possibly has sent hundreds and maybe thousands of innocent people to prison. Bazelon writes:
A dozen years ago, the medical profession held that if the triad of subdural and retinal bleeding and brain swelling was present without a fracture or bruise that would indicate, for example, that a baby had accidently fallen, abuse must have occurred through shaking. In the past decade, that consensus has begun to come undone. In 2008, the Wisconsin Court of Appeals, after reviewing a shaken-baby case, wrote that there is “fierce disagreement” among doctors about the shaken-baby diagnosis, signaling “a shift in mainstream medical opinion.” In the same year, at the urging of the province’s chief forensic pathologist, the Ontario government began a review of 142 shaken-baby cases, because of “the scientific uncertainty that has come to characterize that diagnosis.”
Before going further, I will add that in the Whitwell investigation, there also is evidence of broken ribs suffered by the child. However, until I know more, the fact still stands that there is considerable question about SBS. Bazelon writes:
 As the diagnosis of shaken-baby syndrome took hold in medicine, and prosecutors began to bring charges based on it, doctors testified that shaking could generate the same terrible force as throwing a child from a second-­story window. It turned out they were wrong. In 1987, a neurosurgeon named Ann-Christine Duhaime published a paper that included the autopsy results of 13 babies with symptoms associated with shaken-baby syndrome. In all of them she found evidence of trauma that was actually caused by impact. She teamed up with biomechanical engineers to create infant-sized dummies equipped with sensors to measure acceleration.“We shook them as hard as we could, and we thought something was wrong, because the accelerations we measured were unexpectedly low,” Duhaime says. Instead, the force level shot up when the testers released the dummies after shaking them, even if they hit a soft surface like a bed or a couch.

Later experiments confirmed this finding and have made some doctors and biomechanical engineers skeptical that shaking alone can cause severe brain damage or death. At the same time, the experiments have not ruled this out, Duhaime says. Among other things, the dummies are not live children, and while their heads and necks can exhibit the effects of acceleration, impact on brain tissue is still hard to model. 
Radley Balko, whose name has been mentioned many times before in this blog, also has taken on this questionable diagnosis:
...in the Washington University Law Review, DePaul University law professor DeborahTeurkheimer argues that the medical research has now shifted to the point where U.S. courts must conduct a major review of most SBS cases from the last 20 years. The problem, Teurkheimer explains, is that the presence of three symptoms in an infant victim—bleeding at the back of the eye, bleeding in the protective area of the brain, and brain swelling—have led doctors and child protective workers to immediately reach a conclusion of SBS. These symptoms have long been considered pathognomic, or exclusive, to SBS. As this line of thinking goes, if those three symptoms are present in the autopsy, then the child could only have been shaken to death.
Moreover, an SBS medical diagnosis has typically served as a legal diagnosis as well. Medical consensus previously held that these symptoms present immediately in the victim. Therefore, a diagnosis of SBS established cause of death (shaking), the identity of the killer (the person who was with the child when it died), and even the intent of the accused (the vigorous nature of the shaking established mens rea). Medical opinion was so uniform that the accused, like Edmunds, often didn't bother questioning the science. Instead, they'd often try to establish the possibility that someone else shook the child.
But now the consensus has shifted. Where the near-unanimous opinion once held that the SBS triad of symptoms could only result from a shaking with the force equivalent of a fall from a three-story to four-story window, or a car moving at 25 mph to 40 mph (depending on the source), research completed in 2003 using lifelike infant dolls suggested that vigorous human shaking produces bleeding similar to that of only a 2-foot to 3-foot fall. Furthermore, the shaking experiments failed to produce symptoms with the severity of those typically seen in SBS deaths. 
The research implies that human beings simply cannot shake a baby to death without an accompanying impact to the head. SBS cases, however, frequently show no external injuries. This suggests that other causes are at work. Additional research has shown babies to be lucid up to 72 hours before classic SBS symptoms set in, casting doubt on the long-held theory that the child's caretaker at the time of death (or loss of consciousness) was the likely killer.
Balko goes on:

Last year, Discover magazine published a provocative article laying out much of this new research. Notably, the magazine found several specialists who have since changed their minds after testifying for the prosecution in multiple SBS cases. (At a post-conviction hearing for Edmunds, all of her defense experts said that when the case was tried in 1995, they would have testified for the prosecution.) One of those specialists is Ronald Uscinski, a student of Ayub Ommaya, the scientist whose research on monkeys in the late 1960s is thought to be the origin of the SBS diagnosis. When Uscinski went back and reexamined the study, he found no support for the way Ommaya’s research is currently being being used in the courtroom. 
"When I put all of this together, I said, my God, this is a sham,” Uscinski told Discover. "Somebody made a mistake right at the very beginning, and look at what’s come out of it."
Now, I doubt seriously that Schindel or any prosecutor in Marion County would care to read any of this literature, since it would mean fewer murder prosecutions for them. Prosecutors love to convict, and from what I have seen from the area where I used to live, few, if any, prosecutors care if the defendant is guilty or innocent. To them, everyone is guilty no matter what the facts might tell us.

Furthermore, I doubt that any attorneys that represent people in Southeast Tennessee or Northwest Georgia who are charged with SBS actually know that the whole diagnosis is under attack by medical professionals and researchers. (And if Brian House's courtroom, I doubt scientific literature even would be permitted to be used by the defense, given House's open hostility to anyone charged with a crime.)

As I said at the beginning, I don't know Glenn Webster or anything about him. I don't know his family, the accuser, or anyone else associated with the case, but I will say up front that I am very, very suspicious. Reading about Schindel does not make me think that there is an investigator who actually cares about getting it right. She seems to be satisfied with a strategy of the ends justifying the means, even if the ends is the conviction of innocent people.

Saturday, May 26, 2012

Another Big Lie from the Authorities: Innocent People Don't Plead Guilty

Ten years ago, Brian Banks, a high school football star from Los Angeles with a promising future, pleaded "no contest" to raping and kidnapping classmate Wanetta Gibson in a school stairwell. Despite the evidence to the contrary, Banks' attorney advised the youngster to plead "no contest" (which essentially is a guilty plea) with the assurance that he only would get 18 months, as opposed to a possible 41 years if he was found guilty.

Banks and his family did the math and he pleaded, and five years later, he still was in prison. After being released, the girl finally admitted to having lied, but did not want to publicly admit the truth because her mother had sued the Los Angeles School District and got $1.5 million. Having essentially stolen the money in the first place, they did not want to be faced with giving it back.

The various news stories have turned it into something in the human interest category, as though it were a heart-warming account instead of the cold-blooded lie that essentially took a young man's life from him. As I see it, the media is missing the real story, which is this: the entire system of "justice" in California, despite huge holes in the girl's story, was ready to assume that she was telling the truth, the whole truth, and nothing but the truth.

Why? As in the Duke Lacrosse Case, the various players in the system discarded forensic evidence, timelines, and the very Laws of Time and Space to rush to a judgement of GUILTY, but the rush is not simply a psychological event, but also a legal one, and one can trace a lot of the rush to federal law, and specifically the Violence Against Women Act.

In 1974, Congress passed the Mondale Act and the ultimate result was a huge rash of cases in which authorities were REQUIRED to rush to judgment no matter how outlandish the charges of child abuse and molestation. The Mondale Act and Violence Against Women Act were similar pieces of legislation, in that they promised federal help and money (lots of money) to states that were aggressive in pursuing child abuse/molestation charges and charges of rape and sexual assault against women.

Besides the money, Congress also stipulated that states change how they approach due process and how they viewed evidence. Before the VAWA, for example, many states required that with rape charges, there also be corroborating evidence because it was too easy for people to make false accusations. In order to be in compliance with both the VAWA and the Mondale Act, however, states had to just accept the word of a "victim," no matter how outlandish or dishonest the story might have been. In the Wonderland of federal law, the accusation alone is all the proof the authorities need for conviction.

To the feds and all of the activists that were behind these laws, no story would be considered outlandish, because everyone knew that all men were rapists or potential rapists and that all parents actually were secret child molesters (or at least those parents and men who did not have the proper political connections). We know the results, and they are ugly.

To the Progressive mindset that is behind the modern governing philosophy, both child abuse/molestation and rape were "epidemic" until Congress and the U.S. Department of Justice stepped in to put an end to the violence. Thus, any criticism of these laws or any attempt to restore due process of law or to demand that the rules of evidence actually require real evidence is seen as an attack on women and children.

Without the Mondale Act, there is no McMartin Case, no Little Rascals, no Tonya Craft, and no Creative Frontiers. There is no rash of false accusations of abuse/molestation in child custody cases, no Joal Henke and his "I just remembered" perjury, and James Combs does not plead guilty to a felony for something he never did.

Without the VAWA, there is no Duke Lacrosse Case because the investigation would have been very, very different. And Brian Banks would not have spent five years in prison, and thousands -- yes, thousands -- of other people would not have been falsely accused.

In the United States today, defendants face mountains of charges, courtesy of how prosecutors operate, so that conviction on any one of them can result in decades in prison. People come to understand that the system is stacked against them and that in this country, neither judges nor prosecutors nor those that govern consider innocence to be a legitimate defense.

Despite what one might see on the various "CSI" shows or see on TV or the movies, police no longer do real investigations. In cases of accused rape, sexual assault, child molestation or child abuse, police ARE REQUIRED BY LAW to "investigate" as though the charges are true, which means the bias always is toward "proving" guilt. One should not be at all surprised that this federally-mandated method of "investigation" bleeds off into other cases such as robbery and murder, which guarantees not only that there will be a spate of wrongful convictions, but also that the system will be utterly biased toward keeping such convictions from being overturned, no matter how obvious it might be that the defendants were railroaded. 

As for Brian Banks, a number of people engaged in criminal behavior, beginning with Wanetta Gibson. However, the police and prosecutors engaged in false accusations and false charges, people lied to a grand jury that indicted, and prosecutors lied in court. Banks' attorney encouraged him to accept an outcome at odds with justice, and Gibson and her mother stole more than a million dollars from taxpayers, as did their attorney, who got at least a half-million dollars from the theft.

Unfortunately, false pleas are not limited to just these kinds of cases. I have a good friend who pleaded guilty to a number of things that both he and the prosecutors knew he did not do, but did so because had he not done so, prosecutors would have brought vague charges against him in the federal court in Washington, D.C., and he being a Jewish Republican, did not want to face a jury of mostly African-American Democrats.

That is the system we now have, and it cannot and will not be fixed. No "reforms" will work because too many people make too much money and the voices of justice and responsibility are drowned out by those who dominate our political and legal institutions.

Thursday, February 23, 2012

The False Confession Industry

When questions arose about whether or the teens that allegedly assaulted and raped a female jogger in Central Park years ago were wrongfully convicted, conservative columnist Ann Coulter remarked that of course the convictions were correct. Why? Police had the teens' confessions, she wrote, which should have eliminated all future questions regarding justice in that case.

Indeed, most people believe that a confession is the Gold Standard of criminal evidence, and that a confession should trump everything else, including forensic evidence (such as DNA matches) and even the Laws of Time and Space. Author David K. Shipler has an intriguing article on the New York Times op-ed page that goes into some detail about false confessions and the smarmy tactics police and prosecutors use to get them.

Beginning with the interrogation of a juvenile police tricked into confessing to a crime he didn't commit (it seems that the boy was in juvenile lockup when the murder of a policeman was committed, although that little fact did not stop police from trying to get him convicted), Shipler notes that jurors don't like to believe that innocent people would falsely confess, and judges don't want to believe it, either. Yet, they do. Writes Shipler:
False confessions have figured in 24 percent of the approximately 289 convictions reversed by DNA evidence, according to the Innocence Project. Considering that DNA is available in just a fraction of all crimes, a much larger universe of erroneous convictions surely exists. If nearly a quarter of overturned convictions involves a false confession, police interrogations are creating an epidemic of injustice.
And who confesses? He notes:
If you have never been tortured, or locked up and verbally threatened, you may find it hard to believe that anyone would confess to something he had not done. Intuition holds that the innocent do not make false confessions. What on earth could be the motive? To stop the abuse? To curry favor with the interrogator? To follow some fragile thread of imaginary hope that cooperation will bring freedom?

Yes, all of the above. Psychological studies of confessions that have proved false show an overrepresentation of children, the mentally ill or mentally retarded, and suspects high on drugs or drunk on liquor. They are susceptible to suggestion, eager to please authority figures, disconnected from reality or unable to defer gratification. Children often think, as Felix did, that they will be jailed if they keep up their denials and will get to go home if they just go along with the interrogator. Mature adults of normal intelligence have also confessed falsely after being manipulated.
One of the most egregious cases of false confession involved the wrongful conviction of Martin Tankleff, who at age 17 was alleged to have brutally murdered his parents. Tankleff was in prison for 17 years until his conviction was overturned a few years ago, and it turned out that police and prosecutors hid exculpatory evidence in order to better secure a conviction.

The Tankleff case hits home because I am good friends with a person who was working with the lawyer who finally was successful in securing Tankleff's release from prison. Legal documents that I read long before they became public were quite chilling.

First, there was another suspect who clearly had motive to kill the Tankleffs and he had a reputation for violence. Second, had personal ties with a police detective who just happened to be involved with the Tankleff case and was in a good position to lead investigators away from the real killer. Third, the nature of the evidence itself demonstrated that Martin was not the likely killer.

Yet, none of that mattered to police and prosecutors. They wanted a conviction, and Martin was a convenient target. Writes Shipler:
A cunning lie generated a false confession from Martin Tankleff, 17, who found his parents one morning in their Long Island home slashed and stabbed, his mother dead, his father barely alive. The boy called 911 and was taken for questioning. Getting nowhere, Detective K. James McCready decided on a trick. He walked to an adjacent room within hearing distance, dialed an extension on the next desk, picked up the phone and faked a conversation with an imaginary officer at the hospital. He went back to the son and told him that his father had come out of his coma and said, “Marty, you did it.” In fact, Seymour Tankleff never regained consciousness and died a month later.
Martin soon confessed to the killing (and he managed to get the details of the murder wrong, but that didn't matter to police and prosecutors), and although he quickly recanted, the confession was allowed during the trial and the jurors dutifully convicted an innocent man.

As is often the case in American life today, where there is government wrongdoing, often there is someone to make money from it. With false confessions it is John E. Reid & Associates. One of the "tricks" that Reid teaches is how to slip in a Miranda warning without the person being interrogated realizing what is happening. In other words, Reid teaches police and other "interrogators" who to manipulate and lie, knowing that these things often bring about false confessions. However, convictions, not truth fills the bottom line for Reid.

While I would agree that most people in prison are guilty, nonetheless the realization that probably thousands of people languishing behind bars are innocent is not something that decent people should tolerate. Once upon a time, we depended upon police and prosecutors to be the agents that would investigate and find out what the truth really was.

Unfortunately, those days are long behind us. Truth no longer matters, and it no longer matters with the people who claim always to be telling the truth, and whose lies have horrible and bloody consequences.

Thursday, October 13, 2011

Texas prosecutor (now a judge) enables a murderer to kill again (while pursuing the wrong suspect)

It is hard to describe Texas and its system of state-sponsored homicide and its out-of-control prosecutors except to say that prosecutors and judges in the Lone Star State must be taking lessons from Buzz Franklin, Chris "Cruisemaster" Arnt, Len "The Man-Racist" Gregor, and "judge" brian outhouse. However, a former prosecutor who now is a judge, not only engaged in prosecutorial misconduct, but his misconduct virtually guaranteed that a woman would be murdered.

The case centers around the wrongful conviction of a man for murder and, as this article in Forbes demonstrates, by deliberately (yes, deliberately, given the evidence) going after the wrong man, the prosecutor, Ken Anderson -- now Judge Ken Anderson -- made sure that the real murderer was not impeded, and two years later the killer struck again. The article notes:
AUSTIN, Texas -- Caitlin Baker was 3 when her mother, Debra, was beaten to death and left naked in bed in her Austin home. Although the pain of the loss has faded in the 23 years since, her anger that her mother's killer was never caught has not.

Less than two years before that January 1988 slaying, unbeknownst to all but a few people until recently, the mother of another woman bludgeoned to death in bed during an attack at her home about 15 miles away told an investigator that her 3-year-old grandson watched a "monster" do the killing, not his father, as police suspected. She urged him to pursue other leads, but her daughter's husband, Michael Morton, was instead convicted of murder and sentenced to life.
There is much more to this sickening story. In the original case that Anderson prosecuted, there was the usual aspect of the prosecution ignoring evidence that led to another killer. (Like the drunk looking for his keys under a street lamp instead of where he dropped them because the "light is better" under the lamp, Anderson was like most prosecutors in that he went for the easy conviction and the truth be damned.)

Anderson's misdeeds included hiding exculpatory evidence (a favorite tactic of prosecutors throughout this country) and lying (something prosecutors do all the time):
Investigations have been ongoing into the actions (or lack thereof) by the prosecutor in this case because there is reason to believe that evidence which would prove that Morton was innocent was withheld by the district attorney’s office of Williamson County.

The evidence withheld includes: (1) the eyewitness account of Morton’s young son, who said that the killer was not his father; (2) the victim’s Visa card found later at a store in San Antonio; (3) a cashed check, made out to the victim, with an apparent forged endorsement on the back where it was cashed almost two weeks after the homicide; and (4) the bandanna found at the crime scene with DNA evidence on it (which has been the basis of the vacated conviction).
Why did Anderson withhold this crucial evidence? Like any typical prosecutor, he wanted to win and knew that prosecutorial immunity protected him, and once he had focused upon Michael Morton, he wanted to do what he could to pound square pegs into round holes.

So, Morton went to prison where he sat there for 25 years until the courts ordered him to be free. However, this is not a typical story of "new evidence exonerates innocent man." No, it was a case of one of Anderson's successors, Williamson County District Attorney John Bradley who, according to Time Magazine, is "a well-connected ally of Texas Governor Rick Perry" and "who fought tenaciously for six years to keep Morton behind bars."

I'll get back to the Bradley-Perry-Anderson show, but in the meantime, there is even more to this sickening story. Two years after the murder of Morton's wife, another woman, Debra Baker, was murdered in the same way that Morton's wife had been killed, a crime that police and prosecutors did not bother to solve. (Was it because in solving it, they would have been forced to take a hard look at the Morton case? I would not be surprised, given the depraved nature of police and prosecutors in this country today.)

Lest one think I am exaggerating, DNA evidence from both crime scenes implicate the same man:
New DNA testing linked the killings of Debra Baker and Christine Morton to another man with a prison record in several states. Police have not publicly identified the suspect, whom they are trying to locate, but his genetic links to both slayings led to Morton's release from prison last week after nearly 25 years behind bars, and his formal exoneration by an appeals court on Wednesday.
However, we are fortunate that Morton's attorneys were able to find the DNA, given the efforts of Rick Perry's allies, of Bradley and Anderson to suppress evidence. Again, the record shows:
In early 2005, Morton’s attorneys sought DNA testing on a blood-stained bandana found outside the Morton home on the day after the brutal murder, which took place on Aug. 13, 1986. Court records show that Bradley, who was appointed by Perry in 2001 and was not Morton’s original prosecutor, sought to prevent that testing from ever taking place and tried to limit its effect on the case.

At first, Bradley argued that testing the bandana would open the floodgates to an indeterminable amount of new evidence. “One has to wonder whether petitioner would file another motion at some future date seeking additional testing of even more items,” he wrote in October of 2005. In a 2009 filing, Bradley argued that the bandana was irrelevant because it was found “a football field’s length” from the Morton’s house, and that if any DNA testing did take place “it should not incorporate the possibility of a match of any DNA profile recovered from the bandana to a known offender.

District attorneys vary widely in their willingness to consider new evidence, but Bradley’s efforts make him an outlier. The Innocence Project says it has to fight a prosecutor’s objections to DNA testing in less than half of its cases, and most resistance dries up quickly. Death penalty opponents are particularly critical of prosecutors who resist DNA testing. Steve Hall, director of the StandDown Texas project, called Bradley’s behavior in the Morton case “abhorrent.”

Morton’s attorneys ultimately prevailed on the DNA issue in May 2010. A 2011 lab report showed that blood on the bandana matched Christine Morton’s DNA, and that DNA from a hair on the bandana matched that of a convicted felon in California, as well as DNA recovered at the site of a similar, unsolved murder of another Texas woman.

DNA wasn’t the only potentially exculpatory evidence that Bradley tried to wall off. Morton’s lawyers had long wondered about the original prosecutors’ decision not to seek testimony from the chief investigator in the case, Sgt. Don Wood of the Williamson County Sherriff’s office. But when they filed a Public Information Act request in 2008 to view Wood’s files, Bradley tried to block the release. TIME reviewed a flurry of correspondence about the records request between the Innocence Project, the sheriff’s office, and the Texas attorney general’s office. A 2008 letter from the AG to the sheriff’s office notes that, “The Williamson County District Attorney’s Office is a party to the litigation and has requested that the information be withheld.”

Again, when Morton’s attorneys ultimately prevailed, they found compelling evidence that their client was innocent: a transcript of a phone call in which Morton’s mother-in-law told Wood that Morton’s three-year-old son had witnessed a different man commit the murder, and a hand-written message to Wood dated August 15, 1986, showing that Christine’s credit card had been recovered at a jewelry store in San Antonio two days after the murder. With the new evidence he sought to block made public, Bradley capitulated and freed Morton last week.
This is depraved behavior from a man voted by Texas district attorneys several years ago as the "top prosecutor" in Texas. (If anything, it demonstrates just how dishonest and utterly depraved prosecutors and "law enforcement" in Texas really are.)

Unfortunately, there is even more, and this deals in the infamous Cameron Todd Willingham execution in which it is strongly suspected that the State of Texas executed an innocent man:
At the same time that Bradley was showing his penchant for stonewalling evidence in the Morton case, Perry appointed him to another sensitive position. By 2009, several studies had been conducted suggesting that the 1991 house fire that killed Cameron Todd Willingham’s three daughters was not arson and that the experts who sealed Willingham’s conviction with testimony to the contrary had based their investigation on outdated techniques.

The Texas Forensic Science Commission, a state organization tasked with ensuring that forensic investigations adhere to the highest scientific standards, began reviewing the evidence. But in late September 2009, Perry fired three commission members, including its chairman, just days before they were scheduled to hear testimony from an outside arson expert who had determined that the evidence against Willingham was based on shoddy science. Perry chose Bradley to take over the commission, and he quickly cancelled the testimony, effectively burying the investigation.
Again, we are dealing with utter depravity and one of the people responsible for the State of Texas covering up its misdeeds is Rick Perry, who now wants to be President of the United States. A well-known Baptist minister recently endorsed Perry from his pulpit, and I have the sinking feeling that the minister is quite aware of the perfidy outlined in this post -- and could not give a damn.

Just like the churches in the LMJC that have helped enable people like "judge" brian outhouse and Len Gregor, we see that the churches in Texas are placing their stamp of approval upon behavior that in the Old Testament would have resulted in men like Bradley, Anderson, and Perry being stoned to death. And apparently, they want those anti-Christian "standards of justice" to be the standard for the USA. All I can say is God help us.

Friday, September 30, 2011

The Northwest Georgia Conference on How to Commit Perjury (and get away with it)

Despite the fact that Northwest Georgia is one of the most heavily-churched areas in the nation (and it even features a Christian college, Covenant College), it also is a place where the police and judicial systems are so utterly corrupt that they are beyond any repair. And when dishonest people get together for a conference, well, things happen that fall into the category of "You Can't Make Up This Stuff."

On October 3 and 4, the Northwest Georgia Child Abuse Conference will be held at The Colonnade in Ringgold. Not surprisingly, the Usual Suspects will be there and three men who are experienced in suborning perjury and lying to juries will be featured speakers. If you love perjury, then you don't want to miss this conference that will tell you how to lie in court, make up outlandish stories, and pretend you are "saving children."

In fact, this conference is aptly named, for people who coach children to lie under oath and to give false testimony against their mothers and fathers and teachers indeed are child abusers. So, if you want a career in legal child abuse, then this is the place to start.

Because this conference is one big howler, featuring child abusers from all over the State of Georgia, I will concentrate upon just one session, and it is self-explanatory: Overcoming Defenses in Child Molestation Cases. The presenters? Chris Arnt, Len Gregor, and Alan Norton. (I guess Buzz Franklin could not make it, as he must be engaged in something else, like writing stupid press releases.)

I will include the conference blurb on this session, which you don't want to miss:
Child molestation cases are outside the norm for the average citizen. Defense attorneys often will take advantage of the general public’s misperceptions concerning such cases. The presentation will to teach those who investigate child molestations cases to be cognizant of such defenses and properly prepare with such defenses in mind.
In case one does not understand the language of these "professionals," here is an interpretation:
Prosecutors are desperate to keep exculpatory evidence out of child molestation trials, and they also are desperate to keep the defense from exposing prosecution lies. Given that fact, this session will teach budding prosecutors how to lie to jurors, how to get judges to make outrageous rulings in order to deny the defendant a fair trial, and it will give demonstrations on how to bully witnesses. Of extreme importance in this session will be a segment on how to employ the non sequitur when the defense starts blasting holes in your case, in hopes that jurors will buy into your diversion tactics.

This session also will include interview techniques if you lose so that when you are interviewed by the media, you can continue to lie, blame jurors, and try to push your view that no accused ever should be allowed any kind of defense. The prosecutors also will show you how to lie about the credentials, testimony, and qualifications of the defense expert witnesses, and of special importance is the segment on trying to convince jurors that your own "experts," most of whom have no credentials or field of relevant study (except for taking a five-day course), really are more qualified than the other experts who have spent their entire careers studying this material, and who have doctorates and often have engaged in extensive post-graduate study.

The final part of the session will involve how to make false comments to jurors, how to lie about the testimony of expert witnesses, and how to disrupt the work of the defense, all with help from friendly judges. The sum total of this session will be teaching attendees how to make sure that truth never enters the courtroom so that you can get wrongful convictions and boost your careers. Len Gregor also will give conferees a demonstration on how to run to one's car following a verdict of "not guilty" and hide one's face from the media by using a notebook.
Lest anyone think I am exaggerating, do the following comparison:

On the prosecution side, we had Suzi Thorne, who at the time was studying for an on-line college degree with Kaplan University, a for-profit diploma mill. According to Arnt, Gregor, and Norton, Thorne (who did attend a five-day training class) was eminently qualified to testify as an "expert" in child sexual abuse. Furthermore, despite the fact that Thorne never has written about child sexual abuse in any publication, and despite the fact that she never has read any publications in any reputable journal, professional or academic, on this subject, Arnt, Gregor, and Norton believe she is eminently qualified to testify.

Furthermore, despite the fact that Thorne clearly committed perjury during the Tonya Craft trial (and there is no doubt about this), Arnt, Gregor, and Norton want people to believe that her testimony ALWAYS is true and perfect. Compare Thorne to a witness that Arnt, Gregor, and Norton claim is a "liar" and a "whore of the court," Dr. William Bernet of Vanderbilt University.

Dr. Bernet has his medical doctorate from Harvard University Medical School (which tends to have higher academic standards than Kaplan University's undergraduate program) and is widely published and widely respected in his profession. This is a man who has published in top journals and is asked to speak at conferences and sessions all over the world. (Yeah, he is not good enough to speak at the Northwest Georgia conference, but everyone knows that the Lookout Mountain Judicial Circuit is a world-class example of honest police, prosecutors, and judges.)

Lest one think I am exaggerating, let me remind readers of what Arnt and Gregor did during the Tonya Craft trial:
  • Arnt lied to jurors about the testimony of Dr. Nancy Fajman of Emory University, telling jurors that Fajman said she saw evidence of sexual abuse when, in fact, Fajman said she saw NO physical evidence of sexual abuse. All of the jurors caught this lie, and maybe Arnt will tell conferees how to do a better job of covering up lies;
  • Arnt and Gregor desperately tried to keep Dr. Fajman, Dr. Ann Hazard, Dr. Nancy Aldridge, and Dr. Bernet from testifying, and after their testimony, they told jurors that these were unqualified witnesses and that they were nothing but "liars" and "whores of the court" who lied for money. I am not kidding. They actually said that;
  • They regularly had ex parte meetings with "judge" brian house before and during the trial, and reported none of them to the defense, despite the requirement by the Code of Ethics of the Georgia State Bar, which means that these are people who believe they are not bound either by law or ethics.
When Tonya Craft came into the courtroom for the verdict, Arnt and Gregor stood to the side snickering at her and making snide remarks. (No doubt, their presentation also will include how act professionally during a trial while at the same time trying to emulate the members of Delta House from the movie "Animal House.") There is a reason that "judge" brian house turned ashen when he read the verdict and Arnt and Gregor ran from the courthouse instead of acting like mature adults and talking to the media.

No doubt, these men will share with conferees why it is important for prosecutors to act like spoiled children, and why it is so important that the courts of the LMJC perform like the courts of bastions of freedom and liberty like North Korea. They also will stress the importance of teaming with the judge in order to have a rigged trial, although they might claim afterward that the judge was a "pointy-headed liberal" who was too lax toward the defense. They will give techniques in making improper and prejudicial pre-trial statements to the media and maybe they might REALLY go to the Dark Side and give tips on how to contact jurors during the trial in order to intimidate them into voting guilty. (I'm just imagining the last point, but given that these men already have demonstrated that they have no problem in suborning perjury and openly violating the Rules of Ethics that supposedly govern their behavior, I doubt seriously that Chris Arnt and Len Gregor would frown upon anyone on the prosecution side illegally contacting jurors. Prosecutors elsewhere have done it and, if anything, these men have demonstrated that they are willing to engage in extreme prosecutorial misconduct.

Will they answer questions about the Tonya Craft trial? If they do, I'm sure they will spout the line that they have been giving everyone:
  • Craft was guilty and got away with it;
  •  Defense objections were frivolous, as all defense attorneys really should expect prosecutors to scream in the face of witnesses, yell about someone's "boobs," throw books down on the table while the defense is making its case;
  • The jurors were fooled by the idiot expert witnesses like Dr. Bernet and should have been impressed by experts like Holly "Roll Your Eyes and Make Noises" Kittle and Suzy "Perjury" Thorne;
  •  The jurors were too stupid to recognize that Arnt and Gregor are brilliant prosecutors and that when jurors all caught Arnt lying about Dr. Fajman's testimony (and all of the caught it), well, they were so stupid that they could not recognize that Dr. Fajman was speaking in code that only a brilliant guy like Arnt could understand;
  • The defense shamelessly carried on a campaign in the media and the blogosphere that prejudiced the case and "deprived the state of a 'fair trial'." This despite the fact that the defense operated under a gag order and the defense had NO contact with the "blogosphere," and that Tonya Craft was on trial, not the state, which is under the legal obligation to present a fair trial. (So much for the State of Georgia performing its obligations.)
What Arnt and Gregor and Norton won't tell the conferees is that some of the prosecution witnesses have admitted privately that they were lying, and that in the case of Sarah and Joal Henke, their testimony in trial conflicted 180 degrees from what they had testified under oath in depositions a year before. In other words, these men will tell conferees everything -- but the truth.

As an added attraction, Chris Arnt will give pointers on how to have fun on a cruise! Enjoy the conference!

Tuesday, July 19, 2011

Is this another Craft/McMartin case?

The headlines are quite familiar to those of us who have been in this country post-Mondale Act: "Molestation investigation shuts down _______ school." (Of course, it always seems to be a private school, as I don't recall the government going after government schools or daycare centers.)

While I think that the writer for the Sacramento Bee in this story at least tries to give another side to the story in writing about the McMartin case, although she does not give full justice to how bad those accusations were and why they were bogus. As I read her article, however, I cannot help but wonder just how bad this investigation really is and I cannot help but wonder if we have another Craft/McMartin situation.

Before explaining my position, however, I cannot help but note that it was also a McClatchy-owned newspaper (like the Bee), the Raleigh News & Observer, that jump-started the false accusations in the Duke Lacrosse Case, as the newspaper published one false story after another. (The N&O even distributed the infamous "wanted" poster of the lacrosse players with a Sunday edition, thereby lending credence to what was found to be an utterly dishonest investigation.) One hopes that McClatchy has learned a lesson about rushing to judgment, but given that most journalists are anxious to jump off the cliff whenever police and prosecutors tell them to do so, I'm not confident that ANY mainstream paper can handle such a story.

Here are some excerpts from the story, and I will explain afterward why my b.s. detectors are on full alert:
Officials shut down a private Citrus Heights elementary school Monday and suspended its license pending a sweeping investigation into allegations that its principal molested children over the past 15 years.
And:
In its complaint, the Social Services Department alleges that Adams, whom students referred to as "Mr. Bob," touched female pupils on their chests and vaginal areas, touched their bodies under their shirts and down their pants, and "secluded" female children under a computer desk and lay with them on a mat in his office.

The complaint also names office administrator Cynthia Higgins, alleging that she failed to report the principal's behavior after receiving complaints. It says a volunteer, Irma Mertens, saw Robert Adams touch a girl's buttocks after inserting his hand under her swimsuit and told Higgins about it.
OK, now I have some questions:
  • How does something like this go on for 15 years and NO ONE report it? No one else witnessed the kind of behavior that we see? Sorry, people, but child molesters don't just do this in complete anonymity for 15 years without people getting suspicious, especially in an open setting like a school.
  • What are the cirumstances under which Mertens made the claim? For example, Sandra Lamb and Sherri Wilson wanted to "get back" at Tonya Craft, and had the means to do it through Chris Arnt, who had hoped to be able to ride a "big case" to a higher political office. Did Mertens actually see this? Was she on the "outs" with Adams or someone else? The article does not say, but I would be quite interested to know some of the background.
  • How is it that parents would rave about the school for years? Would they have been THAT blind? Would not have kids and parents have been talking?
  • Did he allegedly go after both boys and girls, for if that is the claim, then we know it HAS to be suspect, as real child molesters go for one or the other. (Yes, I know, the Usual Trolls will claim that Adams is that one-percent exception. Yeah, everyone accused ALWAYS falls into that one-percent category, which is interesting, since one-percent means one out of a hundred, not everyone.)
One has to understand that I have no confidence at all in the police and social services to handle these cases. What happened in the LMJC in Tonya Craft's case happens all over the country. Given the current political climate, it is very, very rare for government police, government prosecutors, and government social workers actually to do their job and conduct honest investigations.

Believe me, the police and prosecutors in Citrus Heights already have made up their minds, and now the social services interviewers are going to try to manipulate the children they interview in order to obtain the results that they want to get. I will GUARANTEE that this will NOT be an investigation carried out by honest brokers. Honest brokers no longer exist in any sizable numbers in the various U.S. government systems of "justice."

People familiar with the Craft case, or, for that matter, Brad Cooper's case, already know the drill. Police and prosecutors begin with a conclusion, and then they manipulate the "evidence" in order to prove that one really can easily drive square pegs into round holes.

Don't forget that it was the State of California that touched off the whole modern Molestation Witch Hunts, first with Ed Jaegels in Bakersfield, California, and then the McMartin Case. Janet Reno in Miami joined in the chase later, and it was off to the races from there.

This would not be possible, except that judges often are in on the fix, as they were in the Craft and Cooper cases. I hope that things are different in this one, but right now, I have the sickening feeling that everyone is going to jump off the same cliff once again.

Monday, July 18, 2011

The Newest Outrage in Arizona

It looks as though the situation involving false charges against the son of Carola Jacobson is not over, even though it should have ended months ago. Carola has sent me an email with the latest prosecutorial/government outrage from a state (Arizona) that seems to lead the country in being outrageous:
As I think you know the judge ordered that the state has to pay for our expert, well, she has not been paid due to "budget cuts". The prosecutor does not want to dismiss until she has interviewed the expert and not surprisingly the expert will not talk to the prosecutor until she has been paid. So I guess we are moving forward with a trial date at the end of September. They seem to have enough money to persue a b.s. case but can't pay for the expert which was ordered to be paid for by the state by the judge. Doesn't that leave you scratching your head???
This kind of Catch-22 is not unusual for people who have dealt with the courts in this country, and Maricopa County is especially bad. Notice that the prosecutor is not even trying to do any research on this case or is trying to apply even basic common sense.

No, the modern American prosecutor is told to hold onto a case and never assume innocence, no matter how ridiculous the evidence. The idea is to use the powers of the office to string out people, and then "bleed 'em and plead 'em," as prosecutors like to say.

I hope that people reading this will not be silent. I'm going to do what I can to publicize this latest outrage.

Tuesday, July 5, 2011

The Nifong Times

Other than the Durham Herald-Sun, no newspaper in the country disgraced itself in the Duke Lacrosse Case more than did the New York Times. This is a paper that claimed an obvious deus ex machina report written by a police sergeant who took no notes in the case was a vital piece of evidence. (One would guess the report was "evidence" in a crime if one understands that the Durham Police Department helped fabricate the charges and had its officers lie to grand jurors, and prepare false documents, which actually is criminal behavior.)

This is a paper that claimed that police had discovered what would amount to a "magic towel" that would wipe away the DNA of one person and keep another. This is a paper whose reporters, columnists, and editors seemed to believe that Political Correctness means that one can suspend the laws of time and space when left-wing "values" are at stake.

After the Duke case imploded and left egg all over the faces of NYT staffers, there was a promise by media people in general and the folks at the NYT in particular to "do better" the next time. That was a lie, a huge lie, as the very institutional nature of modern American journalism simply does not permit reflection, only reaction, and the reaction is done by people whose tunnel vision worldviews only make things worse.

Along came the rape and sexual assault allegations against former International Monetary Fund head Dominique Strauss-Kahn and -- Guess what? -- the NYT and other newspapers and media outlets run over the same cliff that they did in the Duke case, from the early rush to judgment and the usual platitudes about power and poverty to the media frenzy at the "perp walk." As in the Duke case, when the facts came out, the NYT once again looked to be a ridiculous rag.

So, what does the paper do? It puts out pro-prosecution propaganda. Yes, it was the PROSECUTION that found the discrepancies in the accuser's statements. And, on the editorial page of July 5, columnist Joe Nocera put out every ridiculous platitude that one could imagine in praising D.A. Cyrus Vance, Jr.

Before looking at the guy's ridiculous column, I remind readers of the recent column by Eric Margolis, a writer and thinker I respect much more than Nocera. Margolis reminds his readers that the revelations by the prosecution were not done in the name of "doing the right thing," but rather because the defense was about to lay out the facts, and the prosecutors didn't want to be shown up:
It is unprecedented for prosecutors to discredit their own star witness. The city’s red-faced DA, Cyrus R. Vance Jr., probably did so because of rumors that the defense, which had assigned a number of crack investigators to check into the maid’s background, was about to go public with the embarrassing information.
(Interestingly, I had said the same thing in my previous column on this sorry case.)

Enter Nocera. After giving the typical NYT view of the case, he declares:
For the life of me, though, I can’t see what Vance did wrong. Quite the contrary. The woman alleged rape, for crying out loud, which was backed up by physical (and other) evidence. She had no criminal record. Her employer vouched for her. The quick decision to indict made a lot of sense, both for legal and practical reasons. Then, as the victim’s credibility crumbled, Vance didn’t try to pretend that he still had a slam dunk, something far too many prosecutors do. He acknowledged the problems.

Lévy, himself a member of the French elite, seems particularly incensed that Vance wouldn’t automatically give Strauss-Kahn a pass, given his extraordinary social status. Especially since his accuser had no status at all.

But that is exactly why Vance should be applauded: a woman with no power made a credible accusation against a man with enormous power. He acted without fear or favor. To have done otherwise would have been to violate everything we believe in this country about no one being above the law.
For starters, the prosecutors lied about the strength of their case. What they had was a woman who was a good actor, and who had engaged in sex with DSK. Hey, if a politician were to be charged with rape for every sexual escapade, then Ted Kennedy would have died in prison.

But Nocera doesn't stop there. No, channeling what the NYT crowd was saying about the Duke case, he declares:
As for Strauss-Kahn’s humiliation, clearly something very bad happened in that hotel room. Quite possibly a crime was committed. Strauss-Kahn’s sordid sexual history makes it likely that he was the instigator. If the worst he suffers is a perp walk, a few days in Rikers Island and some nasty headlines, one’s heart ought not bleed. Ah, yes, and he had to resign as the chief of an institution where sexual harassment was allegedly rampant, thanks, in part, to a culture he helped perpetuate. Gee, isn’t that awful?
What is Nocera saying? He is declaring that because DSK was wealthy, there was nothing wrong in bringing false charges against him. Where have we heard that before? Try reading the NYT columnists on the Duke case, and you will see the similarities in thinking.

The real problem is that facts no longer matter at the NYT, only ideology. It was ideology that gave the NYT license to help Rudy Giuliani commit felony after felony in his pursuit of Wall Street figures and the pursuit of ideology that permitted the NYT to give a free pass to the brutal predations of Elliot Spitzer, a.k.a., Client #9.

Like the Bourbons of France, the journalists at the NYT learn nothing -- and they forget nothing.

Friday, July 1, 2011

The false accusation case against Dominique Strauss-Kahn collapses

To the surprise of no one who has done even a smidgen of due diligence in the sexual assault case against former International Monetary Fund head Dominique Strauss-Kahn, the New York Times and other news outlets are reporting that the whole thing is falling apart because the accuser has been spinning more stories than did Crystal Mangum of Duke Lacrosse case fame. His release on his own recognizance (after originally being held on $5 million bond) is the last step before this case officially is trashed, I believe.

Shortly after Strauss-Kahn's arrest, Kerwyn and I were discussing the case and as she laid out the facts, it was pretty obvious that from the start, the police and, more important, the Manhattan district attorney's office, were telling Mike Nifongesque lies. Remember that he supposedly left the hotel immediately after the attempted rape, being in such a rush that he left his cellphone behind in an attempt to quickly get out of the country?

It turns out that he checked out of the hotel in an orderly fashion, went to the airport, and then called the hotel to see if they could deliver his cellphone to him. None of his actions seemed to be those of a man desperately trying to leave the USA, although given the state of "law enforcement" in this country, I can't blame him for wanting to get the heck out of this place.

Even those lies from the police and prosecutors aside, it gets even better, much better. However, we first must travel down a short memory lane, courtesy of our friends at the Grey Lady, who always are outraged, OUTRAGED at the mere accusation of sexual assault or sexual harassment. Let us look at the various statements coming from the DA's office right after the arrest (this is significant because of what the NYT NOW is claiming about Manhattan DA Cyrus Vance, Jr., and his underlings):
Artie McConnell, assistant district attorney, at Mr. Strauss-Kahn’s arraignment in Criminal Court on May 16:

“The victim provided very powerful details consistent with violent sexual assault committed by the defendant, which establishes all the necessary elements of the crime he is charged with.”

“She made outcries to multiple witnesses immediately after the incident, both to hotel staff and law enforcement. She was then taken to the hospital and was given a full sexual assault forensic examination. The observations and findings during that exam corroborate her accounts.”

Mr. McConnell at a bail hearing on May 19:

“The complainant in this case has offered a compelling and unwavering story about what occurred in the defendant’s room. She made immediate outcries to multiple witnesses, both to hotel staff and to police.”

“The victim was given a complete and expert forensic examination and the findings from that examination are consistent with her account. The Crime Scene Unit processed the hotel room and the scene, and while those scientific tests have not been completed, the preliminary indications are that forensic evidence that supports the victim’s version of events may be found.”
Of course, what sexual assault claim would be complete without the editorial page angst that came from the opinion folks at the NYT? Here is Maureen Dowd, who never seems to be without a stupid and poorly-informed opinion:
In the wake of the Dominique Strauss-Kahn scandal, as more Frenchwomen venture sexual harassment charges against elite men, the capital of seduction is reeling at the abrupt shift from can-can to can’t-can’t. Le Canard Enchaîné, a satirical weekly, still argues that “News always stops at the bedroom door,” but many French seem ready to bid adieu to the maxim.

As Libération editor Nicolas Demorand wrote in an editorial: “Now that voices have been freed, and the ceiling of glass and shame has been bashed in, other scandals may now arise.”

After long scorning American Puritanism and political correctness on gender issues, the French are shocked to find themselves in a very American debate about the male exploitation/seduction of women, and the nature of consent.
Just as the NYT immediately jumped to the conclusion that Reade Seligmann, Collin Finnerty, and David Evans had raped Crystal Mangum, writers at the paper quickly assumed that the Strauss-Kahn accuser was telling the unvarnished truth. The letters that the paper saw fit to publish were full of the rush to judgment. This piece by Linda Martin Alcoff, a philosophy professor in New York, was pretty typical of the mindset of the NYT crowd.

In other words, it was assume guilt first and always believe the prosecutors, especially when they are prominent Democrats like Vance who have political ambitions. But, as in the Duke case, truth has carved a bit of a wedge in the NYT's narrative:
The sexual assault case against Dominique Strauss-Kahn is on the verge of collapse as investigators have uncovered major holes in the credibility of the housekeeper who charged that he attacked her in his Manhattan hotel suite in May, according to two well-placed law enforcement officials.

Although forensic tests found unambiguous evidence of a sexual encounter between Mr. Strauss-Kahn, a French politician, and the woman, prosecutors now do not believe much of what the accuser has told them about the circumstances or about herself.

Since her initial allegation on May 14, the accuser has repeatedly lied, one of the law enforcement officials said.

Senior prosecutors met with lawyers for Mr. Strauss-Kahn on Thursday and provided details about their findings, and the parties are discussing whether to dismiss the felony charges. Among the discoveries, one of the officials said, are issues involving the asylum application of the 32-year-old housekeeper, who is Guinean, and possible links to people involved in criminal activities, including drug dealing and money laundering.
I have no doubt that the story that police and prosecutors fed the media -- that this large, naked man jumped from the bathroom and forced this poor, African immigrant to give him oral sex -- is utterly false. First, keep in mind that she is from Guinea, and is a French speaker. Second, I suspect that the encounter not only was mutual, but she planned it in advance, and most likely with some of the people with whom she is associated.

The article continues:
According to the two officials, the woman had a phone conversation with an incarcerated man within a day of her encounter with Mr. Strauss-Kahn in which she discussed the possible benefits of pursuing the charges against him. The conversation was recorded.

That man, the investigators learned, had been arrested on charges of possessing 400 pounds of marijuana. He is among a number of individuals who made multiple cash deposits, totaling around $100,000, into the woman’s bank account over the last two years. The deposits were made in Arizona, Georgia, New York and Pennsylvania.

The investigators also learned that she was paying hundreds of dollars every month in phone charges to five companies. The woman had insisted she had only one phone and said she knew nothing about the deposits except that they were made by a man she described as her fiancé and his friends.

In addition, one of the officials said, she told investigators that her application for asylum included mention of a previous rape, but there was no such account in the application. She also told them that she had been subjected to genital mutilation, but her account to the investigators differed from what was contained in the asylum application.
I smell a setup from the beginning, one that even a semi-competent investigator would have found. However, given that the original investigation was done by the New York police and the DA's office, competency really is not in the job description; however, being able to act in an ideological manner that fits with the mentality at the NYT IS part of the job.

Nonetheless, the NYT continues to protect Vance and his crew, declaring:
In recent weeks, Mr. Strauss-Kahn’s lawyers, Benjamin Brafman and William W. Taylor III, have made it clear that they would make the credibility of the woman a focus of their case. In a May 25 letter, they said they had uncovered information that would “gravely undermine the credibility” of the accuser.

Still, it was the prosecutor’s investigators who found the information about the woman. (Emphasis mine)
Right. It seems that no one at the NYT has managed to deal with what is obvious: If government investigators had found this damning evidence on their own, then why were Vance and company continuing to claim that the accuser was truthful and that they had a strong case? In other words, if their investigators found out these things, either one of two things happened, neither of which would reflect well on NY authorities.

The first would be that investigators told them what they had found, but Vance's charges continued to spout the same narrative, hoping that their rhetoric would overcome any problems. In other words, they knew the truth but lied.

The second would be that the investigators withheld information and gave it to their superiors only long after they had found out the truth, leaving Vance and the other prosecutors in the dark. This one makes no sense, which means that if what the NYT is saying is true, then Vance and those prosecutors involved with the case should be disbarred at the very least for knowingly making false statements in a very high-profile case.

There is a third possibility, and that is that the private investigators for the Strauss-Kahn defense did their own work and presented the facts to the Manhattan DA and warned them that if they did not act, the defense would make sure that the material would be leaked in a very unceremonious way. Any way one slices this material, however, it is clear that Vance and his employees have a lot of explaining to do.

Don't expect the mainstream media to ask those questions. Vance and the editorial staff at the NYT are joined at the ideological and political hip and the paper will do everything it can do to protect him. Likewise, the fact that Strauss-Kahn over the years has had the reputation of acting as, well, one might expect from someone who is known to be sexually-boorish, I doubt that too many mainstream reporters are going to invite the rage of the Maureen Dowds.

Nonetheless, we see yet another example of the Government-Media Alliance making false accusations, bringing false charges, and then ending up with egg on some collective faces. This is not the last time we will see this sorry scenario, and I only can feel for the next person who is caught in the crosshairs.

Friday, May 20, 2011

"An Absolute Honest-to-God Texas Frame-up"

People have written me on occasion asking if I were familiar with the "Mineola Swingers Club" case, and while I was, I can say I didn't know much about it. As this article in Texas Monthly demonstrates, those who did know the facts decided that the facts were not good enough, and that the only "satisfactory" outcome would be to frame the defendants. And that is what the authorities did.

The facts are fairly well-known. A group of adults supposedly had young children engage in sex behavior on stage at a "swingers club" in Mineola, Texas. The children alleged a number of wild things, but at the beginning the authorities in Woods County could see through it, but, as often happens, someone else got involved, the "child protective" workers did their guilt-assuming, suggestive interviews, and the rest was history. Innocent people went to jail.

Writes Michael Hall:
To recap, from 2005 to 2008, four Tyler children--three siblings and their aunt—all aged 4 through 7, made allegations that in 2004 seven adults, including their parents, had forced them to attend a sex kindergarten in a trailer park, where they learned to play sex games, and then took them to a swingers club in nearby Mineola, where they performed sex acts on stage in front of crowds of as many as 30 adults, who videotaped the shows. The stories told by the kids were wildly inconsistent and sometimes outright bizarre: adults casting spells, wearing witch outfits, and sacrificing chickens; one child said she had flown around on a broomstick. Every single child initially denied to social workers knowing anything about a sex kindergarten or club; it was only after multiple interviews that they started making outrageous allegations. But there was nothing to back them up: no adult witnesses and no physical evidence—no DNA, no fingerprints, not even any videotapes.

In fact, Wood County, where Mineola is located, did its own investigation, back in 2005, when just one child was talking about a sex club. Investigators (including an FBI agent), found absolutely no evidence to back up her accusations.
Unfortunately, the truth was not enough:
This didn’t stop the criminal justice machinery of Smith County. A Texas Ranger got involved and before long he was helping interview the other kids. In 2007 arrests were made; the public was outraged that a sex kindergarten and a sex club would operate under their noses. Three of the adults went to trial in 2008 and their juries, made of good country people who want nothing more than to protect their children, found them guilty in a matter of minutes. A fourth defendant was found guilty last summer.
If you wish to know why I have no hope at all that authorities will want to do what is right, the following pretty much explains the current state of "law" in this country:
I find it unfathomable that so many good people could allow and encourage these prosecutions to go forward. What happened to the lawyerly skepticism of Judge Jack Skeen and DA Bingham and the other men and women in his office?

*Why didn’t they look closer at the kids’ weird, implausible stories?

*Why didn’t they look closer at the foster mother of three of them, a woman named Margie Cantrell who moved to Mineola from California in 2004 and who has a history of manipulating her foster kids? (One of her California kids characterized her to me as “the puppet master” and said, “She brainwashes the kids to believe the stories she makes up.”)

*Why didn’t they give serious credence to the fact that not one of the seven defendants would testify against the others in exchange for a lesser sentence?

If they had done just one of these three, much less all of them, they would have realized the obvious: Nothing happened. There was no crime. There was no sex kindergarten and there were no child-sex shows at a swinger’s club. Ultimately, I can’t help but believe that Bingham knows this. Let’s put it this way: If he really believed these people put on live sex shows with children, would he really be setting them free now?

I always figured the cavalry would ride in and save the day for them. First I thought it would be the office of the Attorney General, which, in the summer of 2009 sent two lawyers to help investigate the case after Bingham tried to recuse his office from further prosecutions. But the AG’s office didn’t do anything. Then in the spring of 2010 two of the defendants had their verdicts thrown out by the 14th Court of Appeals in Houston—a process which saw the DA in neighboring Wood County file an extraordinary amicus brief in which he officially called into question everything the Smith County DA had done. “[N]o evidence was found to corroborate the stories told by the children,” he wrote.

But that was it. No cooler or wiser heads stepped in to actually free these people. In fact, those two defendants whose cases were overturned were going to be folded in with the remaining defendants (two of whom are grandparents of two of the children) into one mass trial in June. It is these six who pled guilty.
No matter how many times these kinds of cases are exposed, no matter how much research is published on problems that we find when "child protective" workers interview young children, no matter how many times that the "evidence" contradicts the Laws of Time and Space, the authorities will bring charges and compliant juries will vote guilty. Why does it happen?

It happens because people in authority are not held accountable for their actions. Protected by legal immunity and the mainstream news media, which needs these people as sources for their stories (no matter how fantastic those stories might be), the bad actors are free to lie, suborn perjury, and conspire with judges to rig trials. Protected by politicians and the U.S. Supreme Court, police, prosecutors, and "child protective" workers will pull off this scam time and again -- because they can do it.

Hall ends with this depressing thought:
Why would they do this if they aren’t guilty? Well, innocent people plead guilty all the time. They confess to crimes they didn’t commit (about a quarter of the DNA exonerations involve some form of false confession) and they plead guilty to crimes they didn’t commit. They especially do it when they are certain they will be found guilty, no matter what they do or how good their attorneys are. In these cases we’ve already seen four different juries vote guilty—in the time it takes to watch a movie. These defendants know the realities. They can go to prison for life—or they can go home. They don’t have a whole lot to lose by pleading guilty. Their lives have already been ruined—they’ll always be known for these allegations anyway.

So, Patrick “Booger Red“ Kelly told his mother that he was taking the plea. “I don’t like it at all,” she told me. “But he’s screwed here. Despite all anybody can do, he’s never going to be found ‘not guilty’ in Tyler. He’s at the end of his rope. He told me, ‘Mama, I’m tired. I’m in here for something I haven’t done. I want to go home.’”

I usually believe in the ultimate good will of good people; justice will triumph. Of course, that only happens if people actually do something about injustice. In this case decent people turned away from doing anything about a terrible wrong. They’ve got a word for that, and the word is “evil.”

In Smith County, the bad guys won.
In Catoosa County a year ago, the "bad guys" did not win when jurors saw through the lies of the authorities and acquitted Tonya Craft. But they still are on the job, still trying to frame innocent people, still lying, still suborning perjury, still fabricating "evidence." As long as people like this are in positions of power and authority, the "bad guys" will be winning.

Tuesday, May 17, 2011

Sean Lanigan is lucky: At least the Fairfax County Police didn't murder him

Fairfax County, Virginia, is a Washington, D.C., bedroom community, and most people there owe their employment either to government or to businesses that serve government workers. It also is the home of a brutal and marauding police force that is quick to gun down unarmed people and to make false accusations against good people.

The sad case of Sean Lanigan, a teacher in Fairfax County falsely accused of child molestation and the victim of police and prosecutorial misconduct, is only one of many victims in that county, where the police and prosecutors run amok because they can. But I say that Lanigan is lucky, given the fate of Salvatore Culosi, who was gunned down by a member of a Fairfax County SWAT team.

Culosi, an optometrist who bet on a few football games, had made the mistake of befriending a Fairfax County detective whom he met in a bar. David J. Baucom, the detective, decided to see if he could get Culosi to bet more money, and he finally talked him into betting $2,000 on a game, which meant Culosi could be arrested in Virginia for "running a gambling operation."

Keep in mind that this "crime" was masterminded by the police, and then the authorities sent a SWAT team to arrest Culosi. When police arrived, Culosi walked out unarmed, and then he was gunned down by officer Deval Bullock. (As this article in Reason shows, Bullock's official story was a lie, and all that he received for punishment was three weeks off from work.)

The police were not content in murdering an unarmed man (and if any of us were to shoot down -- even accidentally -- an unarmed person, we would be tried for murder, since we don't wear a blue costume and tin badge). Radley Balko's Reason article explains:
In the months that followed (the shooting), Baucum continued his investigation, badgering Culosi's grieving friends and relatives after pulling their names and numbers from the cell phone he was carrying and a computer taken from his home the night he was killed. Steve Gulley, Culosi's brother-in-law, told The Washington Post the following April that Baucum called him and menacingly asked, "How much are you into Sal for?" Scott Lunceford, a lifelong friend of Culosi's, told the Post Baucum called him and accused him of being a gambler. The calls, Gulley told the paper, smacked of intimidation aimed at discouraging a lawsuit.
In the end, the family of Sal Culosi settled with Fairfax County for $2 million, but no one at the department was prosecuted and only Bullock received a mild punishment.

Following the shooting, Fairfax Chief David Rohrer wrote a report of the incident which turned out to be fabricated. As Balko explains, in response to Rohrer's claim that the shooting was accidental, as Bullock was bumped by a car door and the gun simply went off:
The Culosis were dubious. They believed Bullock mistook the cell phone their son was holding the night he was shot for a gun. They hired their own investigators, who determined, based on the department's own measurements of the crime scene, that when Bullock pulled the trigger he was away from his vehicle and much closer to Culosi than he had claimed. Using the recorded locations of shell casings, police vehicles, and Culosi's body, they produced computer animations showing that the incident could not have happened in the manner described by Chief Rohrer's report.
Writing false reports is a crime called "obstruction of justice," but Rohrer did not have to worry about being charged.

However, in Lanigan's case, Fairfax police threw the possibility of charging people who were contradicting the story the cops wanted to be told with "obstruction of justice." (Again, if one wishes to lie, it helps to be wearing a blue costume and tin badge. After all, government workers are "heroes" in Northern Virginia.) Writes Tom Jackman, who covered this story for the Washington Post:
But when others – staff, parents – tried to tell (Fairfax Det. Nicole) Christian anything she didn’t want to hear, she threatened them with prosecution for obstruction of justice, the staff members and parents said. School district investigator Steve Kerr’s investigative report, written after Lanigan’s acquittal, confirmed those claims, noting that: “Because of the jury’s decision, the detective [Christian] advised that she will not pursue criminal charges against [staff member] or [staff member].”
In other words, in the Orwellian world of Northern Virginia, lies told by government employees in blue costumes are the truth, while the truth told by Mere Mundanes is considered to be a lie.

But, Christian's smarmy tactics did not stop with threats against witnesses with exculpatory evidence. No, it gets MUCH worse:
In addition, the accuser’s close friend and corroborating witness to the incident quickly tried to retract her story, her mother said, but Christian wasn’t hearing it. In a letter to the mother of the witness from assistant superintendent Kevin North after the trial, North confirmed that “you requested a re-interview with your daughter, which the detective declined.”

Police feel that child victims and witnesses can be manipulated or intimidated into changing their story, and the witness’s mother said Christian told her, “if she changes her story, they’re going to wonder why she changed her testimony. She said, ‘I know how to do my job. Don’t tell me how to do my job.’ ”

But when Christian and assistant Fairfax prosecutor Katie Pavluchuk approached the witness and her mother outside Lanigan’s preliminary hearing in March 2010, the girl and her mother refused to speak with them. The girl then joined the accuser in recanting the claim that Lanigan had lain on top of the accuser.

Not long after that hallway encounter, Fairfax County launched a Child Protective Services investigation into the witness’s mother -- the reasons for which have not been made public for alleged inappropriate behavior by her boyfriend. The witness’s mother was eventually cleared of any allegations of misbehavior, but also had to undergo the pressure of being investigated. The girl and her mother have since moved from the area. (Emphasis mine)
In other words, if people want to tell the truth, the Fairfax County police counter with tactics of intimidation, just as they did to Sal Culosi's parents after police gunned down their son. And even after a jury quickly acquitted Lanigan, police and prosecutors STILL are insisting that he was guilty, apparently telling each other that it was an "O.J. verdict."

In other words, the police and their social services allies did what they do best: intimidate through false accusations. (No, I don't think that the social services investigation was a coincidence.)

For all of the accolades that Jackman laid on Christian for her supposed experience, one thing stands out: she clearly fabricates "evidence." First, she is so incompetent that even when she was at the school where the alleged molestation occurred, she never even looked a the room where the alleged incident was supposed to have occurred.

This is important, because (like the tiny bathroom in the Duke Lacrosse Case that could not have fit three young men raping a woman in the way that Crystal Mangum described) the room could not fit the tumbling mats that the lying 12-year-old accuser claimed she was placed. In other words, there was a key piece of evidence that Christian ignored, but then she threatened to charge people who pointed out that issue with "obstruction of justice."

But, it gets worse. Jackman writes:
Police declined to allow Nicole Christian, the lead detective on the case, to be interviewed for this article. Several months after Lanigan was acquitted, Fairfax prosecutors dismissed another of Christian’s child abuse cases in the middle of trial, a rarity, when the detective acknowledged that she had “misstated” some key facts in her sworn testimony. (Emphasis mine)
In police vernancular, a "misstatement" actually is a lie. In other words, Christian was caught fabricating material, but she still remains on the job and no doubt will be instrumental in destroying other innocent lives.

The people of Northern Virginia consider themselves to be "progressive," and if "progressive" means the endorsement of the lying, smothering state, I guess we can say that it is a "progressive" community. Yet, for all of the sophistication these people claim for themselves, in reality there is a brutal underside to this area. Police and prosecutors are free to lie, falsely accuse, and even commit murder, and nothing ever is going to be done about it. People who choose to live there do so at their own peril.

Monday, April 18, 2011

Prosecutors and their unwritten rule: Don't drop a case no matter how bad it might be

On the 27th of this month, Carola Jacobson's son will have a hearing before a Maricopa County juvenile judge who is going to decide what will happen to the young man. As has been covered extensively in this blog, the charges against the young man (now 15) are bogus, and transparently so.

We have seen how the police interviews of the children were beyond tainted, and that the scenario which police and prosecutors claim was in the realm of physical impossibility, unless one is willing to believe that for a few days in a row, a 14-year-old boy could coerce young children (who lived elsewhere and voluntarily came to the house) into an unfinished attic and make them engage in sex play for several hours.

The main reason that the prosecution's account is not believable is that the Maricopa County authorities want us to believe that young children would do those things for hours in a place where temperatures in June would be upwards of 140 degrees. (Remember, this is Phoenix, Arizona, where daytime temperatures in June average well above 100 degrees.)

In other words, it makes no sense at all. I'm sure that the American Academy of Pediatrics might have something to say about prosecutor Noble Murphy's claim that these things MUST have happened because he says it did.

So, what is a prosecutor to do? One would think that most prosecutors would say that if there is no evidence, or if the evidence is hopelessly tainted, then all charges should be dismissed. Think again.

No prosecutor openly will admit this, for obvious reasons, but the policy of most prosecutorial offices in the United States is explained by the nihilistic phrase, "Bleed 'em and plead 'em."

WHY PROSECUTORS HOLD THE ADVANTAGES

When I was a newspaper reporter in Chattanooga more than 30 years ago, I heard the local district attorney in a speech claim that prosecutors face all sorts of unjust barriers in their never-ending fight against crime and criminals. At the time, I believed him, but no longer.

Prosecutors really hold all the cards; all of them. They can bring whatever charges they want against anyone they target because grand juries have become prosecutorial playthings. Once charges are filed, they can keep them on the books even if they have no evidence because they can use them as bargaining material.

Lest you think that perhaps they might be hindered by that thing called a guilty conscience, think again. In the recent Pottawattamie vs. McGhee case heard (but not decided because it was settled after oral arguments before the U.S. Supreme Court), the defendants, prosecutors from Pottawattamie County, Iowa, contended (and I present their exact words): "There is no freestanding constitutional right not to be framed." (emphasis added)

Not ONE prosecutor in this country made a public statement against that utterly chilling statement. The Obama administration supported it, and every association of prosecutors in the USA publicly agreed. Let me repeat what was said: Prosecutors in the United States claim that they have a right to frame whomever they want, and that no citizen can or should be able to do anything about it.

No, I am sure that prosecutors reading this blog would tell me that is NOT what is what the statement meant, but please don't feed me crap, people. The government will tell you that if a prosecutor engages in outrageous or even criminal framing of a defendant, the government has plenty of options to take against the offender, from bringing criminal charges to hauling the prosecutor before the state bar.

However, government authorities are playing a shell game. Yes, these "remedies" theoretically can be imposed. No, the government won't impose them, no matter how outrageous and outright criminal the conduct of prosecutors.

The one option that the U.S. Supreme Court has ruled that regular citizens -- including those that are framed -- DON'T have is to be able to sue the prosecutor. (The courts and advocates for prosecutors claim that lawsuits would keep them from "doing their jobs.")

The problem is that the one remedy that an individual citizen might have to rectify a grievous wrong is the lawsuit. All of the other vaunted remedies must be launched by the government itself. In other words, the government is given the power and the authority to discipline...the government.

Lawsuits can be brought by citizens and can be decided by juries consisting of citizens. Government disciplinary actions, on the other hand, are launched by the very people who stand to be harmed if their cohorts are disciplined.

Don't kid yourselves. Yes, prosecutors in North Carolina were happy to see Mike Nifong get thrown to the sharks of disbarment after his execrable conduct in the Duke Lacrosse Case, but they also knew that Nifong's disbarment potentially made all of them just a little more vulnerable to the same treatment, should they get out of line. Thus, they made a big show out of disbarring Nifong, but then made sure that other prosecutors in the state that lied and broke the law would not have to face the same fate. Nifong's disbarment actually protected the other miscreants employed by the State of North Carolina as prosecutors.

If anyone were to question their conduct, they could reply: "What do you mean saying prosecutors get away with bad acts? Mike Nifong got disbarred! What further proof do you need to know that the authorities stand ready to discipline anyone in our profession who does wrong?"

As for criminal charges, they rarely are brought and juries are loathe to convict wayward prosecutors, no matter how outrageous their conduct. Call it a belief in law-and-order, but the record stands, as no American jury ever has convicted a prosecutor of criminal misconduct.

When I spoke to a representative of the Georgia State Bar last year about the conduct of Christopher Arnt and Len Gregor in the Tonya Craft case, she told me that she believed that the prosecutors were "just doing their jobs." She then said to me, "She was acquitted, wasn't she?" as though that made everything just fine.

My response to her was: "Yes, after spending more than a million dollars to debunk charges that transparently were false and never should have been brought in the first place."

In the Duke Lacrosse Case, the three families spent close to five million dollars to defend their sons against charges that from the start were laughingly false. (The accuser, Crystal Gail Mangum, now has graduated from lying and prostitution to murder. This is the woman that Durham and Duke University held up as a near-saint.)

To put it another way, if prosecutors want to bleed someone to death, they can do it because, well, they can do it. The vast majority of people cannot afford the kind of defense needed to fight false charges, and prosecutors know it. And because they actually believe that they have a "right" to frame innocent people, and that nothing will happen to them if they do, you can bet that the profession attracts the very kind of people that one does not want to see in a courtroom in the first place.

This brings us back full circle to the case involving Carola Jacobson and her son, which I will cover in my next post. Why does "Ignoble" Murphy continue to insist that he wants to prosecutor this case? He claims it is because he "has not lost a case in seven years." In other words, it is nothing but a game to him.

However, the situation -- not that anyone in Maricopa County government would care -- is that Carola Jacobson is very, very ill, and that she had to give up cancer treatments in order to pay her son's legal bills. This situation deserves more attention, as do other cases which I will be covering soon enough.