Prosecutor Goes To Jail for Direct Contempt

The New Orleans Times- Picayune reports that Judge Lynda Van Davis jailed prosecutor John Alford for direct contempt of court after he informed the judge he would not comply with her order from a May 20 hearing involving a heinous mass murder.  Direct contempt is defying an order of a court before the court.  Michael Anderson (picture) was convicted by a New Orleans jury of killing 5 teenagers;  thing is, the prosecutors did not turn over a video tape interview with the sole eyewitness or make other disclosures that dramatically impeach the prosecution's case. 

Here's the rub, this guy may have committed one of the bloodiest crimes in recent New Orleans' history which if you know anything about New Orleans, is a stretch--and now, because of prosecutorial misconduct this bad guy may end up walking to kill again.  Not good.

Benjamin Thomas Field--Bad Prosecutor

I get a news feed from a website called Legal Profession blawg which had the report from the California Bar Association concerning the heavy discipline imposed on a career prosecutor, a 5 year suspension over "prosecutoria misconduct."  The opinion can be read at the link. I read it with a real sense of horror at both the actions of Benjamin Field and the sanctions imposed on this guy. 

Apparently in California, win-at-all-costs prosecutors can actually lose their licenses to practice law.  In OurState, in Texas, in alot of places around the country this guy would be elevated to the bench, not sanctioned.  

Reading the entire opinion you do find that he was nominated for a Judgeship at one point, and Mr. Field was basically well-regarded by a lot of lawyers who are defense attorneys and Judges.  But what Field did in 4 cases: withheld exculpatory evidence, defied court orders, made flagrantly improper closing arguments, and in one instance ordered a prohibited dental exam on a minor to prove a tenuous point--all resulted in convictions being reversed and the taxpayers and citizens of California bearing the brunt of the misconduct, let alone the criminal defendants who after all had certain rights under the US and California constitutions. 

Mr. Field was a public servant and he screwed up in at least 4 cases, significantly.  He should be disciplined--but 5 years!  Harsh?  As harsh as I've ever encountered for "prosecutorial misconduct" that didn't actually rise to the level of criminal conduct by the prosecutor.

Free Pass for Drunk Cop

There will be no DUI charges for the Ogden, Utah police officer Jared Tongsaeng Ingalsbe who crashed into two power poles, four cars and a house.  According to the Salt Lake Tribune report, Officer Ingalsbe tested positive for a prescription sleep medication and alcohol.

The Salt Lake Tribune report documents some incredible bullshit from the local prosecutor, "Deputy Weber County Attorney Christopher Allred explained this week that the totality of the evidence did not support, beyond a reasonable doubt, that Ingalsbe was driving while impaired. [ARE YOU CRAZY?] Allred said he could extrapolate backward from Ingalsbe's blood-alcohol results to show it exceeded -- just slightly -- the legal limit of 0.08 at the time of the June 30 crash. But Allred said he decided that proving a DUI in court would be 'very difficult.' The crash occurred at 10:40 p.m., and Ingalsbe's blood was not drawn until 1:03 a.m., according to police reports, meaning 143 minutes had elapsed. Ingalsbe's blood-alcohol content measured 0.05 at the time it was drawn. Using a standard burn-off rate of 0.015 per hour, police and prosecutors calculated Ingalsbe's blood-alcohol content was 0.0857 at the time of the crash."

Perhaps Prosecutor Allred should find another calling, he apparently doens't feel competent to prosecute drunk drivers double up on prescription drugs.   Watch out Ogden, Utah!

Maricopa County, Arizona Prosecutorial Misconduct?

Maricopa, Arizona "County Attorney" Andrew Thomas is the Butt Buddy of Sheriff Joe Arpaio, a favorite subject, here on Bad Lawyer. 

The LA Times has a decent summary of the most recent Stalinist antics of Arpaio and his sycophant prosecutor, Andrew Thomas. 

In sum, Arpaio and Thomas are conducting a coup in Maricopa County by arresting, prosecuting and suing all of the county elected officials, including sitting Judges--that they, Arpaio and Thomas dislike.  These elected officials are accused by Prosecutor Thomas of a massive conspiracy agasint Arpaio; and, Prosecutor Thomas has filed a racketeering lawsuit in federal court.  

Arizona Central is reporting on a rally of local attorneys against prosecutor Thomas and Arpaio.  Since the drafting of this post, last night,  Arizona Central has updated it's article.

Perhaps all of this an encouraging sign for Maricopa's citizens?  It's reminiscent of the attorney-uprising in Pakistan that led to the reinstatement of that country's Chief Justice and for the time being, the return of the rule of law in a country formerly dominated by Musharraf and his military dictatorship. 

Dictatorship is not too strong a word for what's happening in Maricopa County.  Good luck, gentlemen--Bad Lawyers all!

Curtis Flowers

This picture is of Curtis Flowers.  


Flowers is on the verge of facing his 6th murder trial in Mississippi for the "execution-style" slaying of Bertha Tardy, a Montgomery County furniture store owner and three of Mrs. Tardy's workers, thirteen years ago.  Flowers has been sentenced to death three times, four of the convictions have been overturned for blatant prosecutorial misconduct, and the fifth trial declared a mistrial after a black juror refused to convict on the evidence.  That juror, James Bibbs, a Vietnam veteran, retired school teacher, and local volunteer football referee was interviewed by the white Judge, abused in open court, arrested, and jailed for perjury!  The charges against juror Bibbs were "quietly" dropped.


For 13 years, Curtis Flowers has sat in jail.  The evidence against him based on motive, Flowers is a disgruntled former employee with a wage dispute with Mrs. Tardy, he has no alibi, on the other hand the forensic evidence against him is "wafer thin" and the eyewitness testimony is doubtful.


Here is what we know, Winona, Mississippi is one of the most racist places in the United States.  It is a place that made the cover of Time magazine in 1937 for the notorious Duck Hill lynchings and murderous southern racism.  In 1963 civil rights activist, Fannie Lou Hamer (who coined the expression,: "I'm sick and tired of being sick and tired") was arrested after being refused service at the Winona bus station lunch counter; she suffered terrible injuries from jail house beatings arranged by the racist authorities.


In addition to the treatment of the juror, Mr. Bibbs by the white Judge, the prosecutorial approach to the case been until the last trial--exclude blacks from the jury.  The US  Supeme Court has held that this tactic denies black Americans fundamental due process.  You think?


Well, our dear Mississippeans have caught the attention of the BBC and other international media.  Here's a link to the BBC story:  http://news.bbc.co.uk/2/hi/americas/8377236.stm

There's a separate website to support the cause of justice in the Curtis Flowers case:  http://friendsofjustice.wordpress.com/2009/09/08/curtis-flowers-and-the-cruel-legacy-of-montgomery-county/

The Prosecutor has an absolute right to frame you!

The Supremes hear an oral argument, today, that addresses the unfettered right of  prosecutors to frame suspects in criminal cases--or, as the prosecutors frame the issue, "there is no-freestanding right not to be framed."

Council Bluffs, Iowa County prosecutor David Richter participated in the framing of two black men who were sentenced to life without parole for the shotgun murder of a white man.  The suspects Terry Harrington and Curtis McGhee were innocent, weren't there, didn't do it--someone else did, probably a white guy.  But Richter was running for office and needed to convict someone of the crime and these two recent high school grads from across state lines fit nicely.  So Richter and the cops coached a 16 year old (criminal) on the facts to act as their star witness and an all white jury convicted Harrington and McGhee.  After 25 years in prison Harrington and McGhee were exonerated and released from Prison, now former Bush-administration Solicitor General, Paul Clement, is trying to sue Richter, et al.

But, prosecutors are immune from lawsuit for framing innocent people. "Huh?!  Are you freaking kidding me, Bad Lawyer."  I kid you not.

For more details and analysis I yield the floor to NPR's  Nina Totenberg  http://www.npr.org/templates/story/story.php?storyId=120069519