Court says U.S. attorney can’t shield prosecutor’s misconduct

San Francisco Chronicle ^ | 2/15/12 | Bob Egelko, Chronicle Staff Writer

[SmithL]

When a federal appeals court issued a ruling describing a prosecutor’s misconduct that forced a halt to a drug-trafficking trial in Tucson, the U.S. attorney’s response was to ask the court to erase the prosecutor’s name from the published decision.

Bad move. After republishing the name of the errant prosecutor, Jerry Albert, the court pointed a finger at the U.S. attorney’s office and said it was time to start taking responsibility for the misdeeds of its employees.

“When a prosecutor steps over the boundaries of proper conduct and into unethical territory, the government has a duty to own up to it and to give assurances that it will not happen again,” the Ninth U.S. Circuit Court of Appeals in San Francisco said Tuesday.

But in all of the U.S. attorney’s legal filings, the court said, “we cannot find a single hint of appreciation of the seriousness of the misconduct. … Instead, the government attempts to shift blame” to the defense lawyer in the case.

The appeals court is known for liberal rulings, but this decision was written by one of its most conservative judges, Carlos Bea, joined by two fellow Republican appointees.

[SmithL]

Bea, Carlos T.

Born 1934 in San Sebastian, Spain

Federal Judicial Service:
Judge, U.S. Court of Appeals for the Ninth Circuit
Nominated by George W. Bush on April 11, 2003, to a seat vacated by Charles E. Wiggins; Confirmed by the Senate on September 29, 2003, and received commission on October 1, 2003.

Education:
Stanford University, B.A., 1956
Stanford Law School, J.D., 1958

Professional Career:
Private practice, California, 1959-1990
Judge, San Francisco Superior Court, California, 1990-2003

[bigheadfred]

When a prosecutor steps over the boundaries of proper conduct and into unethical territory, the government has a duty to throw their butt in prison.

[Mind-numbed Robot]

Maybe there is hope for the 9th, yet.

[Pontiac]

But the court said Jorgenson, the trial judge, will still have the option of dismissing the case if she decides the prosecution needs to be punished for Albert’s misconduct. The court said Jorgenson can also take disciplinary action against Albert.

This prosecutor needs to spend a few weeks in the county jail.

Punishing prosecutors by letting a criminal off the hook, what kind of discipline is that? Oh the poor guy’s pride is irreparably damaged.

This prosecutor not only misled the defendant in to admitting to a lie that was never uttered in court but also mislead the judge and the jury.

The whole buddy system of judges, prosecutors and defense lawyers does not well serve the public. The kind of wrong that it takes before they discipline their own is ridiculous.

[Usagi_yo]

I’m always up for a good shellacking of a government official. Please though, somebody walk me through the actual misconduct?

[DJ MacWoW]

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[Lurker]

This prosecutor needs to spend a few weeks in the county jail be hung by the neck until he's dead, dead, dead.

Fixed that for you.

[Lurker]

Please though, somebody walk me through the actual misconduct?

The author of this piece was kind enough to include a link to the decision as well as a synopsis in the article. Why don't you try clicking through and reading them for yourself?

[bigheadfred]

This prosecutor needs to spend a few weeks in the county jail be hung by the neck until he's dead, dead, dead.

The author of this piece was kind enough to include a link...

teehee

[SeaHawkFan]

The 9th Circuit strays far from the constitution way too often; but to be fair, they often get it right is cases like this.

[Usagi_yo]

Really? You couldn’t write 3 lines to clue me in but you had enough time to express scorn because you thought I didn’t read the article?

I read the article, I read the synopsis. I don’t understand what was done.