1 Allgood insisted on retrying Brewer anyway, arguing that bite marks on the little girl's body matched Brewer's teeth.

Forensic dentistry was all the rage up through the 1990s. Many, many of those cases are being overturned now because it turns out that the practitioners were quacks with close ties to the prosecutors.

2 This is the problem with the death penalty.  Fucking Nifongs drawing breath in the world.  I have no qualms about killing a killer.  There's just one plroblem with that.  Nifong.

3

Mississippi District Attorney Forrest Allgood should face the death penalty for this. And I'm not joking or trying to be over the top. Short of execution he did all he could do to take away the most precious liberties of innocent citizens.

And he should die for it.

 

4

Short of execution he did all he could do to take away the most precious liberties of innocent citizens.

Not to mention allowing the real killer to get off scott free.  That's the extra added bonus.

5 I have no problem with the theory of trying a prosecutor for attempted murder if he intentionally uses the process to railroad an innocent man in a death penalty case.  That said, there is a long way to go from theory to a workable practice.

6 It may be time (passed time in fact) to revisit the idea of damn near total immunity for prosecutors.

Yes, there are far more good and honorable ones than not but the damage the dishonorable ones can do is so great it maybe worth the costs in frivolous suits.

Of course there will be a trade off but that fact should not compel us to blindly accept the status quo.

7

Hmm, kinda funny how none of the articles mention what party he belongs to - wonder why that might be?  (from 2003 election results in djournal.com)

Forrest Allgood (Dem) 33,736 79% William "Bill" Bambach (Rep) 8,829 21%

8

Jim Hood is a thug. He's so wrapped up in controversy in Mississippi, he's up to his eyeballs.  Scoop on him here.

9
I guess if you are going to charge the prosecutors you'll have to charge the appellate courts, the jurors,  and the defense attorneys, too.

10

I'm in favor of criminal liability for prosecutorial misconduct. 

They basically have the power to destroy an innocent person's life:

 Suppose you are charged with a crime.  A lawyer will cost you plenty.  Even if you are acquitted, you lose. 

Suppose you are offered a plea bargain.  You get to decide how many years of your life you want to gamble on justice being done.  I'll bet more than one innocent man has pled guilty.

Suppose you are wrongly convicted and the evidence exists to exhonorate you.  If you are exhonorated, you've still lost part of your life.

Prosecutors need to be held to the highest standards.  This is minimally negligence and should result in prosecution, bing disbarred, and prison.

11 Good grief.  This is when mobs bearing flaming torches need to show up for an old-fashioned necktie party ... not at the jail but at the prosecutor's home.  Not just because he imprisoned an innocent man but because his stupendous stupidity led to the deaths of two more victims.

I know ... vigilantism is bad ... but sometimes it had desirable outcomes.

12

I guess if you are going to charge the prosecutors you'll have to charge the appellate courts, the jurors,  and the defense attorneys, too

Not if the convictions were the result of willful misconduct and deceit.  He had the DNA evidence, but didn't present or consider it because he knew it would clear the defendant.  There's no way it was just incompetance- he railroaded those guys.

Lock him the fuck up for attempted murder- he tried getting an innocent man killed, after all.  Given that there are probably a few inmates who might like to have a few words with him, I don't think he'd last long in prison anyways.

13 It seems to me that there should be a venue for investigating and removing officials w/o proving criminal intent. And there probably is.

w/o going into the Ms law, the legislature undoubtedly has the power to remove. And probably the Attorney General or Governor can suspend pending final resolution.

Proving criminal intent very difficult but I have no objections to trying. Negligence or indifference need not meet that test. Just show that reasonable actions were not taken or were thwarted by Allgood.

14

This sort of thing can happen in Mississippi, but it could never happen here in Texas. Not in Dallas. Oh, maybe once in a great while, or twice, or 28 times...

never mind.

15 These guys are pikers compared to Patrick Fitzgerald whose conduct in the Plame/Libby and Conrad Black cases set new heights for prosecutional misconduct.

16

Slightly off topic, but does anybody thing changing the law to mandate DNA evidence in a death sentence would make sense/be practicable?

17 Hmmm

18 Oh, and this

19

Aren't attorney generals elected?  Not to diminish the real outrages, but shouldn't there be an (R) or a (D) somewhere in the story?

*sigh*

20 He had the DNA evidence, but didn't present or consider it because he knew it would clear the defendant.

No, he presented evidence beyond the dna that proved to a jury beyond a reasonable doubt guilt.  Dna evidence was not widely used in the 1990s. It was extremely expensive and there was a limited number of labs performing it. By OJ's trial it was still pretty rare and the defense deliberately hired the few labs available so the prosecution could not use them to test and double test their evidence within the statutory period. By the late 90s some states and various defense projects were providing funds for testing  and actively looking for post conviction cases by asking defense attys and appellate attys to recommend cases to them.  If the defense attys could not get the funds for trial (which I don't think on it's face was unreasonable), they certainly had an opportunity to apply for it post conviction.

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