Tuesday, July 15, 2008

The Latest in Alabama

Scott Horton, American Lawyer, Commentary: Has a U.S. Attorney Knowingly Prosecuted Innocent People? (on law.com here) - The article discusses some recent prosecutions in Alabama.

In addition to the issues raised by the article, one can't help but notice that the prosecutor is making no comment.  A prosecutor can be placed in an awkward position of not being able to make a comment to explain his or her position of what happened in a case, as the prosecutor is bound by ethics rules.   But on the other side of the coin is the fact that prosecutors are not reluctant to issue press releases when they indict an individual, even before the jury has weighed in on guilt or innocence.  It is rare that you see a prosecutor issue a press release following a jury trial telling how the jury found the individual or company not guilty.  In a system where a prosecutor serves as a minister of justice, one has to wonder if prosecutors should be required - when the defendant wants this to happen - to issue a statement of the "not guilty" finding by a jury in cases where the prosecutor had issued a press release telling of the indictment.

(esp) 

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Comments

You are correct in the premise that a silent US Attorney, when faced with allegations, only fuels the inquisitive thought process that something is really amiss.

Our case received national attention and FBI phone calls when we placed our allegations online in Affidavit form and filed a formal complaint.

Now others are reaching out and the word is spreading because the Public Corruption Unit was disbanded after our complaint was filed.

Silence is not golden when it involves the highest of authorities actions being in question.

There are plently of qualified candidates, especially career prosecutors within the ranks, that can handle the job and stand tall to an inquiry.

The issue of appearing above impropriety when you are a key element of our National justice system is sacrosanct!

Posted by: Laser Haas | Jul 15, 2008 6:43:17 PM

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