Comments on: Us v. Them: A Prosecutor’s Perspective http://blog.bennettandbennett.com/2007/06/us-v-them-prosecutor-perspective.html the tao of criminal-defense trial lawyering Fri, 10 Feb 2012 17:39:20 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: David Tarrell http://blog.bennettandbennett.com/2007/06/us-v-them-prosecutor-perspective.html/comment-page-1#comment-152 David Tarrell Thu, 28 Jun 2007 16:13:00 +0000 http://bennettandbennett.com/blog/?p=167#comment-152 Along the lines of what I said above, TPM Muckraker has an article on what happened to an AUSA who tried to use his discretion in a death penalty case and ended up fired. The link is below. <br/><br/>http://www.tpmmuckraker.com/archives/003545.php Along the lines of what I said above, TPM Muckraker has an article on what happened to an AUSA who tried to use his discretion in a death penalty case and ended up fired. The link is below.

http://www.tpmmuckraker.com/archives/003545.php

]]> By: David Tarrell http://blog.bennettandbennett.com/2007/06/us-v-them-prosecutor-perspective.html/comment-page-1#comment-150 David Tarrell Thu, 28 Jun 2007 15:28:00 +0000 http://bennettandbennett.com/blog/?p=167#comment-150 I'm glad to hear that there are county atty offices out there that give "wide discretion," but fear that there are plenty that don't. For example, read last year's Supreme Court case Ceballos v. Garcetti and see what happened to D.A. Ceballos when he used his prosecutorial discretion to investigate an officer's affidavit. <br/><br/>I don't remember all the facts specifically, but I do remember that he:<br/>(1) investigated an officer's affidavit and found it to be falsified<br/>(2) Took steps to stop what he believed was a prosecution based on a false affidavit. <br/>(3) Was transferred to another unit shortly afterwards.<br/>(4) Was fired for speaking out against this treatment in his new "Siberian" assignment.<br/><br/>I'm glad to hear there are elected D.A.'s who afford discretion, and who dismiss when they lack a good faith belief in guilt. But I fear that there are a lot of "Nifong's" still out there, pressuring their prosecutors to push issues that gain them political advantage. <br/><br/>I love being a criminal defense lawyer, but I'm often glad I came to this side simply because the public defenders I work with seem to have a lot more discretion and fewer people looking over their shoulders than their counterparts in the county attorneys office. I’m glad to hear that there are county atty offices out there that give “wide discretion,” but fear that there are plenty that don’t. For example, read last year’s Supreme Court case Ceballos v. Garcetti and see what happened to D.A. Ceballos when he used his prosecutorial discretion to investigate an officer’s affidavit.

I don’t remember all the facts specifically, but I do remember that he:
(1) investigated an officer’s affidavit and found it to be falsified
(2) Took steps to stop what he believed was a prosecution based on a false affidavit.
(3) Was transferred to another unit shortly afterwards.
(4) Was fired for speaking out against this treatment in his new “Siberian” assignment.

I’m glad to hear there are elected D.A.’s who afford discretion, and who dismiss when they lack a good faith belief in guilt. But I fear that there are a lot of “Nifong’s” still out there, pressuring their prosecutors to push issues that gain them political advantage.

I love being a criminal defense lawyer, but I’m often glad I came to this side simply because the public defenders I work with seem to have a lot more discretion and fewer people looking over their shoulders than their counterparts in the county attorneys office.

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