Justice, isn't that a tricky concept? Throughout the course of our blog we've come across several people that have run afoul of the law and discussed their subsequent prosecutions. We take for granted that those whose responsibility it is to charge these people and subsequently try them in a court of law are themselves operating above board and to the letter of the law that they swore to uphold. Unfortunately, as we have discovered, that isn't always the case.
Throughout the last couple of years of digging through files pertaining to the cases that I've written about, I've seen law enforcement officers and prosecutors making everything from simple mistakes to flagrantly breaking the law. I've been reluctant to write uncover the majority of these findings because of threats made have been made both indirectly and directly against myself. So I sit here today and ask myself, what about this notion of justice? Does it only apply when it's being administered by the government against it's citizens? What about when the shoe is on the other foot? What are we to expect to do when the one breaking the law is say a prosecutor or a cop? I've alluded to several different "hypothetical situations" over the last year and a half or so, rest assured there are no "hypothetical situations", everything I've described as such actually happened.
From our very own State Attorneys website, we find this header...
It can't be any clearer than that, "Justice Starts Here". Is that really the case? If I come forward that with proof that an assistant state attorney from that very office coerced a witness into wearing a body wire while they were discussing a legal matter with their attorney clearly violating the attorney client privilege, what should we expect to happen? Will that prosecutor be singled out for committing this most egregious crime against a fellow attorney, breaking the very moral and ethical codes that they swore to uphold as an attorney let alone a prosecutor? Or will I become the bad guy for exposing this nefarious deed?
Without exception, every attorney (including several prosecutors and a sitting Judge) that I've spoken to about this prosecutor ordered "body wire at attorneys office" has reacted the same way, first with doubt over such a thing actually occurring then with disgust. Unequivocally everyone that I've told this story to has said that if it can be proven, its a disbarable offense for the prosecutor involved with the possibility of criminal charges against those behind the wire.
So we're left with the conundrum of whether or not to go ahead with this "body wire at attorneys office" business. Do we go ahead and uncover the evidence we have of such a thing occurring? If so which law enforcement agency do we share this information with? Or maybe we should just prepare a bar complaint and let the Bar decide how to handle it? What do you guys think?
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