This website is designed to inform the public of the growing magnitude of prosecutorial misconduct at both the state and federal level, but primarily arising from federal prosecutions, falling within the general rubric of violation of the Brady Doctrine. On a common sense level, it seems to be difficult to train well educated young lawyers, most of whom come to the Department of Justice (“DOJ”) from the most prestigious law schools in the country, to realize they are obligated to turn over evidence favorable to a defendant to his lawyer. Failure to do so, when proven, ordinarily results in the setting aside of a conviction tainted by the suppression of the evidence.
This case has generated a lot of public interest since Bartko was convicted following a three week trialconducted in the Eastern District of North Carolina (“EDNC”) in November, 2010..
The “OPR” Is Ineffective
There have been attempts over the last decade to focus a brighter light on federal prosecutors who have committed serious misconduct during their cases, but no one seems to be listening—including most federal courts, nor the DOJ.
Epidemic Of Brady Violations
Former chief judge of the Ninth Circuit Court of Appeals, Alex Kozinski, ruffled feathers following his dissenting opinion..
Prosecutorial Misconduct Statistics
The DOJ typically takes the position that some AUSA misconduct does occur within the criminal justice system, but it is infrequent and does not alter the outcome of convictions in the large percentage of cases. Some recent statistics from several authoritative sources will enable readers to draw their..
Role Of The Main Stream Media
For the most part, the main stream print media does its part to expose the scope and consequences of prosecutorial misconduct. As one would imagine, the media’s focus on the subject is case specific and ordinarily involves known personalities, high profile defendants, or attention getting..