Wednesday, August 17, 2011

Reprimand For Prosecutor's Disclosure Violation

A Virginia prosecutor has agreed to a public reprimand for failing to disclose evidence in a criminal matter, according to this report from the Williamsburg Yorktown Daily:

[Prosecutor] Addison faced misconduct charges from her prosecution of Carlos Chapman, Marquis Edwards and Kwaume Edwards in the 2006 shooting death of Michael Tyler. Michael Morchower, the lawyer defending accused shooter Kwaume Edwards, alleged that Addison negotiated a plea agreement with Chapman’s lawyer, Doug Walter, for his testimony against his co-defendant Kwaume without notifying the defense. Morchower filed a motion for a new trial in May 2007, and Kwaume was acquitted.

In her agreed disposition, Addison acknowledged that she had violated two rules. First, she failed to make a timely disclosure to the defendant’s counsel of evidence that could negate the guilt of the accused, mitigate the degree of the offense or reduce the punishment. Second, she violated the rules of professional conduct.

During the conference call hearing, [Bar Counsel] Montgomery said she was satisfied with the disposition because Addison has no prior record of misconduct.

The report also states that the prosecutor, who serves as Commonwealth's Attorney, is running for reelection. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/08/a-virginia-prosecutor-has-agreed-to-a-public-reprimand-for-witholding-evidence-in-a-criminal-trial-according-to-this-report.html

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