Posted on 09/08/2019 2:45:34 PM PDT by E. Pluribus Unum
FULL TITLE: 'Clear causal link': Lawyers accuse Kamala Harris of defying Supreme Court by hiding evidence from defense attorneys
While district attorney for San Francisco, Kamala Harris withheld evidence that could have exonerated defendants on multiple occasions, in violation of a key due process ruling by the Supreme Court.
Between 2004 and 2010, Harris’s office failed to inform defense attorneys about criminal and professional misconduct records that raised questions about the credibility of government witnesses. The lapses led to the dismissal of nearly 1,000 cases and a scathing 2010 ruling by a Superior Court judge that accused Harris’ office of breaching due process rights.
Legal scholars told the Washington Examiner that Harris’ office appeared to have violated the Supreme Court’s 1963 Brady v. Maryland decision. The ruling held that prosecutors must turn over potentially exculpatory evidence to the defense.
There is a “clear causal link between Brady violations and wrongful conviction” said Craig Trainor, a New York attorney who specializes in due process cases.
“The reasons for failure to disclose exculpatory evidence range from bad faith to inexperience to excessive caseloads to a tunnel vision to get the ‘guilty defendant’ at all costs to rank politics, as we see in Kamala Harris’ case,” he said.
Jason Kreag, a law professor at the University of Arizona and a former staffer at the Innocence Project, said Brady is also crucial because it “is designed to promote fairness in our system.”
Kreag said this was particularly true in Harris’ case. “There is no doubt that the prosecutor's case is impeached when it is built on information from people who have credibility problems, as was the case here. When that happens, prosecutors owe a duty to disclose to the defense things that can be used to impeach the state’s case. That was a failure...
(Excerpt) Read more at washingtonexaminer.com ...
It’s all about winning. They don’t care about justice. They need the wins to further their careers.
Camel haira##, was willies prostitute, given the DA job and now running for president, only in America
Whoa! Over a thousand cases??? How .any of those convicted were black?
Why was she never charged with obstruction of justice or contempt of court? A’s if I don’t already know the answer.
Additionally, she ain’t even an Article II Natural Born Citizen!!!
True. She should go back to India. A pure anchor baby. We don’t need another foreigner president.
She will open the floodgates for Indians to take all American jobs, just as she fought to remove the H1B cap and fought against Trump removing Obama’s H4EAD visa for Indians.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.