First Prosecutor Ever Facing Jail For Wrongful Conviction

For the First Time Ever, a Prosecutor Will Go to Jail for Wrongfully Convicting an Innocent Man

 

” Today in Texas, former prosecutor and judge Ken Anderson pled guilty to intentionally failing to disclose evidence in a case that sent an innocent man, Michael Morton, to prison for the murder of his wife. When trying the case as a prosecutor, Anderson possessed evidence that may have cleared Morton, including statements from the crime’s only eyewitness that Morton wasn’t the culprit. Anderson sat on this evidence, and then watched Morton get convicted. While Morton remained in prison for the next 25 years, Anderson’s career flourished, and he eventually became a judge.

In today’s deal, Anderson pled to criminal contempt, and will have to give up his law license, perform 500 hours of community service, and spend 10 days in jail. Anderson had already resigned in September from his position on the Texas bench.

What makes today’s plea newsworthy is not that Anderson engaged in misconduct that sent an innocent man to prison. Indeed, while most prosecutors and police officers are ethical and take their constitutional obligations seriously, government misconduct–including disclosure breaches known as Brady violations–occurs so frequently that it has become one of the chief causes of wrongful conviction.

What’s newsworthy and novel about today’s plea is that a prosecutor was actually punished in a meaningful way for his transgressions.”

 

Granted he’s only doing ten days but it’s a start .

 

 

 

 

 

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Prosecutors Attempt To Further Stifle NRA T-Shirt Teen Jared Marcum’s 1st Amendment Rights

Podunk Prosecutors Seek Gag Order Against Eighth-Grader Arrested Over NRA Shirt

 

 

” The case of the rural West Virginia eighth-grader who was suspended and arrested in late April after he refused to remove a t-shirt supporting the National Rifle Association just keeps getting weirder.

According to local CBS affiliate WOWK-TV, the student, 14-year-old Jared Marcum, was back at the Logan County Courthouse on Monday for a hearing because prosecutors Christopher White and Sabrina Deskins were seeking an emergency gag order.

In seeking the emergency gag order, the podunk prosecutors argued that Marcum’s interest would best be served if he, his attorney and his father are prevented from speaking about the case in the press.”

 

 

 

 

 

 

 

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2010 – 80,000 Denied Guns For Lying … 44 , Yes 44 , Charged

Hypocrisy On ‘Paperwork Prosecutions’ Highlighted By Reese Case

 

 

” “Nearly 80,000 Americans were denied guns in 2010, according to Justice Department data, because they lied or provided inaccurate information about their criminal histories on background-check forms,” The New York Times reported in January. “Yet only 44 of those people were charged with a crime.”

“How many prosecutions “have you taken up for failing a background check since you’ve been U.S. Attorney?” Graham asked Walsh, who admitted “Off the top of my head, I’m not aware of any.”

“What kind of deterrent is that?” Graham challenged. “Why aren’t we prosecuting people who fail a background check?”

“It’s a paper thing,” Chief Flynn shot back when it was his turn to answer questions. “I want to stop the 76,000 people who are buying guns illegally. If you think we’re going to do paperwork prosecutions, you’re wrong.” ”

 

   These laws obviously don’t work so let’s pass more  , maybe one of them will . What a way to run a country . So much for “Land Of The Free” .

  So if next to none of these violators merited prosecution does that mean they have the same friends as David Gregory ?

Related articles

• Anarchy Is Their Goal … Any Excuse To Maintain Their Power (youviewed.com)
• Should the government go after gun buyers who fail background checks? (washingtonpost.com)
• Pressure Mounting on President, Attorney General Regarding Lack of Prosecutions for NICS Denials (nraila.org)
• Police Chief Battles With GOP Senator Over Gun Background Checks: ‘You’re Wrong!’ (mediaite.com)

The Government Is Our Adversary … No Ifs , Ands , Or Buts

DoJ Admits Aaron’s Prosecution Was Political

 

 

 

 

” The DOJ has told Congressional investigators that Aaron’s prosecution was motivated by his political views on copyright.

I was going to start that last paragraph with “In a stunning turn of events,” but I realized that would be inaccurate — because it’s really not that surprising. Many people speculated throughout the whole ordeal that this was a political prosecution, motivated by anything/everything from Aaron’s effective campaigning against SOPA to his run-ins with the FBI over the PACER database. But Aaron actually didn’t believe it was — he thought it was overreach by some local prosecutors who didn’t really understand the internet and just saw him as a high-profile scalp they could claim, facilitated by a criminal justice system and computer crime laws specifically designed to give prosecutors, however incompetent or malicious, all the wrong incentives and all the power they could ever want.

But this HuffPo article, and what I’m hearing from sources on the Hill, suggest that that’s not true. That Ortiz and Heymann knew exactly what they were doing: Shutting up, and hopefully locking up, an extremely effective activist whose political views, including those on copyright, threatened the Powers That Be:”

HT/Instapundit

Related articles

• Aaron Swartz Laid to Rest with an Action Plan For Us (crooksandliars.com)
• Aaron Swartz’s family releases statement, blames overreaching prosecutors for his untimely death (theverge.com)
• Swartz suicide puts the focus on over-aggressive prosecutor (theverge.com)
• Anonymous attacks MIT websites after death of internet activist Aaron Swartz (guardian.co.uk)
• Aaron Swartz Another Victim Of Government Abuse Of Power (youviewed.com)
• Sign now, get the US Attorney who hounded Aaron Swartz fired (boingboing.net)
• Aaron Swartz Isn’t the First Hacker to Commit Suicide in the Face of a Federal Investigation (theatlanticwire.com)

A Caswell Victory Over “Asset Forfeiture”

Triumphant Motel Owner Slams Carmen Ortiz

 

 

 

” A Tewksbury motel owner who just beat back U.S. Attorney Carmen Ortiz’s three-year bid to seize his business has become the latest critic to accuse the Hub’s top fed of prosecutorial bullying.

“I don’t think she should have the power she has to pull this stuff on people,” Russ Caswell, owner of the Motel Caswell, told the Herald last night after a judge’s ruling in his favor.

The feds first tried to grab Caswell’s property in 2009 under drug seizure laws, citing numerous drug busts at the motel. Caswell’s defense team argued that he was not responsible for what guests did. And his lawyers found there was actually more drug activity at nearby businesses, and theorized the government was going after Caswell, who has no criminal record, because his mortgage-free property is worth more than $1 million.

“It’s bullying by the government. And it’s a huge waste of taxpayer money,” said Caswell, whose father built the motel in 1955. “This has been a huge financial and physical toll. It’s thrown our whole family into turmoil. You work for all your life to pay for something and these people come along and think it’s theirs. It’s just wrong. The average person can’t afford to fight this.” ”

 

 

   Ironic that the Federal judge in the Caswell case , Carmen Ortiz , is the same one that has been thrust into the spotlight as the prosecuting attorney in the late Aaron Swartz’s case . Swartz , it should be recalled is the internet pioneer , co-founder of Reddit that was facing up to 35 years in jail and $1 million in fines when he took his own life several weeks ago . 

Related articles

• Carmen Ortiz’s Sordid Rap Sheet (whowhatwhy.com)
• Tewksbury motel owner wins battle against feds in high-profile property seizure case (bizjournals.com)
• Triumphant motel owner slams Carmen Ortiz (bostonherald.com)
• Judge Dismisses Government Seizure Attempt Of Tewksbury Motel (wbur.org)
• Mass. motel owner wins fight to stop forfeiture (sfgate.com)
• Owner wins court battle against feds trying to seize his Tewksbury motel (boston.com)
• AFP PODCAST: U.S. Gov’t Loses High-Profile Civil Forfeiture Case (americanfreepress.net)
• Swartz didn’t face prison until feds took over case, report says (oddonion.com)
• New Questions for Aaron Swartz’s Prosecutor, Whose Career Is Filled with Cases of Picking on the Weak (alternet.org)

Prosecutor: Ga. Murder Case Uncovers Terror Plot

Partial Justice vs Bomber Kimberlin

   Via Twitchy we get some great news for Aaron Walker although he is still saddled with the gag order re: Bomber Kimberlin so it is not a clear victory for free speech just yet . 

”   ” Fantastic news: the criminal charges against blogger Aaron Walker have been dropped.

So beat feet, Brett Kimberlin. You lose.

The court listed the reason for disposition as “nolle prosequi”, meaning the prosecutor was “unwilling to pursue” the peace order violation. ”

So , while the judge was clueless , the prosecutor knew a losing proposition when he saw it .

Good for Aaron , good for US .