While many say that the justice system is designed to secure a fair outcome through tried and true methods that protect each individual’s rights, there are some who consciously fight against the justness of this system. In a recent example, a California prosecutor was caught in a web of his own lies when trying to get a defendant to serve time for additional crimes not included in their original confession transcript. What did the prosecutor do to make sure that additional information was in there? He simply wrote in two new lines on the defendant’s confession, pretending his own words were the defendant’s.
Normally, you would expect the prosecutor to fix his error before the defendant was sentenced to serve time for this false confession, but not in this case. In the middle of working out a plea deal with the prosecution, the accused’s defense encouraged him to accept the deal based on the false evidence, not realizing it was fabricated. While the prosecutor had plenty of time to correct his lies and falsification, he did nothing, seeing it as a success in his books.
Defense Wins a Dismissal Despite Opposition
The crime was not discovered until the defense requested a copy of the original recording that the prosecutor had allegedly pulled his transcript from. At this point, the prosecutor admitted that he had added some of the most incriminating statements to the transcript himself. In response to the defense’s motion for dismissal of the indictment of their client, the prosecutor tried to play it off like a joke, saying that it was only a light jest between two lawyers. This alone should be enough for outrage.
Thankfully, a California judge responded in that way, finding that the prosecution’s actions were “egregious, outrageous, and…shocked the conscience.” The judge and many others feel that behavior like this from prosecutors only dilutes the protections that individuals have under the constitutions and further corrupts the justice system.
How would you expect California Attorney General Kamala Harris to respond to this? Instead of seeking to hold her prosecutor accountable, she appealed the decision of the dismissal and argued against it. This is just further proof that trusting the government, especially prosecutors, to seek a fair and just outcome is not safe. Defendants must understand that the prosecution is only seeking to prove their guilt, not their innocence. Sadly, it appears that some prosecutors are also willing to sacrifice the truth in order to get their “fair” outcome.
If you have been arrested for a crime in Honolulu, do not take your charges lightly! You need to fight them with the help of a criminal defense attorney. Contact The Law Office of Kevin O'Grady, LLC for counsel.