Friday, December 12, 2003

Ashcroft in contempt, case not closed

Of course AssKKKroft won't pay for his role in the case, but the government's liars lawyers may leave him stewing, as the case is in the news again.

The convictions of the defendants in the Detroit terror trial held earlier this year are in jeopardy. The Justice Department admits it withheld potentially exculpatory evidence...a letter from an imprisoned drug gang leader who alleges the government's key witness confided he made up some of his story.

The lead prosecutor, Richard Covertino, and another AUSA in the case have been replaced. Covertino's lawyer, former AUSA William Sullivan, acknowledges that his client intentionally withheld the letter.
  article

And if that's true, then it was a moronic move on the part of the prosecutor to withhold it, because that can now be used to overturn the verdict. Either he is a moron, or guilty of trying to thwart the legal process. Of course, the two choices are not mutually exclusive.

This case was plagued by misconduct from the get-go. Attorney General John Ashcroft got in trouble early on by [publicly] vouching for the credibility of Hmimssa [the government witness*] during the trial. Not only were his comments improper, (ethical rules prohibit prosecutors from giving their opinion on the quality of evidence in an ongoing case--see, for example, rules 3.6 and 3.8 of the American Bar Association Model Rules of Professional Conduct ), but it was the second time, according to defense counsel, Ashcroft violated a gag order in the case.

And that is more of the outrage of this trial. The United States' Attorney General himself was interfering with due process of the law. (See Elaine Cassel's An Administration in Contempt.)

....but hey, do what you want....you will anyway....

*Hmimssa was the government's witness who not only told the imprisoned gang leader he was lying for the government, but had told another defendant in the case that he wanted revenge on the defendants for messing up his life.

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