When a regular person engages in intentional misconduct, he may well get arrested, prosecuted and sentenced. When a criminal defense lawyer engages in intentional misconduct, he may be subject to the regular person routine, or just disbarred. When a prosecutor engages in intentional misconduct, chances are slim that he goes the regular person route, or even the criminal defense lawyer route. The most likely outcome is that he’s made a judge.
From Radley Balko at Reason comes the post about how Larimer County, Colorado, settled with Tim Masters for $4.1 million for his wrongful murder conviction. Master’s innocence was proven by DNA, and his conviction was obtained when two prosecutors ignored and withheld exculpatory evidence. Hey, once you’ve got your target, why bother worrying about whether he’s actually the one who did it? As long as somebody’s convicted, society is happy.
But what’s become of these two intrepid prosecutors? Radley lays it out:
But that they convicted an innocent man, withheld exculpatory evidence, were censured for it and then, after all that, moved on to be judges, is just too much to take. In fairness, I asked Radley whether judges are elected or appointed in Larimer County, and he informs me that they are appointed and thereafter subject to retention elections. That means somebody decided that Terry Gilmore and Jolene Blair represent the caliber of person that should sit in judgment of others, and appointed them to the bench.
It’s one thing for prosecutors to get a free pass on misconduct, and let there be no question but that the withholding of evidence from the defense so that they can convict an innocent person is misconduct, it’s another thing entirely to then reward that prosecutor by making him a judge. That’s too much to take. To not penalize is bad enough, but to reward prosecutors who engage in misconduct is beyond the pale.
We are constantly bombarded with the lofty platitudes about our system of criminal justice, how it may not be perfect but it’s better than any other. As if this sweet talk covers a multitude of sins that could well be fixed to make it far less imperfect, far better than others. That individuals who engage in wrongdoing are placed in a position to judge others is simply unacceptable. That these individuals invariably come out of the prosecutor’s office isn’t an accident. The government takes care of its own.
I’m with Radley when he bemoans the fact that prosecutorial misconduct is a cost passed along to taxpayers, who have a right to expect and demand better of those on the payroll. I’m with Radley when he ridicules the lack of meaningful consequences for prosecutors who abuse their authority to convict the innocent and conceal the evidence. But when these same prosecutors, who should be tossed out on their butt for what they’ve done, possibly getting free room and board in a special wing of a prison reserved for cops and prosecutors who enjoyed their job a little too much, are instead handed a black robe and told to have fun, mere ridicule isn’t enough for me.
For me, this goes way over the line of impropriety, to the point of disgust. I hope Radley’s with me when I say that the elevation of Terry Gilmore and Jolene Blair to the bench is outrageous and an affront to any dignity the judiciary still possesses. I hope that their fellow judges feel the same way.
From Radley Balko at Reason comes the post about how Larimer County, Colorado, settled with Tim Masters for $4.1 million for his wrongful murder conviction. Master’s innocence was proven by DNA, and his conviction was obtained when two prosecutors ignored and withheld exculpatory evidence. Hey, once you’ve got your target, why bother worrying about whether he’s actually the one who did it? As long as somebody’s convicted, society is happy.
But what’s become of these two intrepid prosecutors? Radley lays it out:
Former prosecutors Terry Gilmore and Jolene Blair convicted Masters on flimsy evidence (some drawings he’d made and testimony from an alleged expert on sexual deviants). They were also actually censured by Colorado Supreme Court for not bothering to look into evidence undermining their case against Masters, as well as for withholding exculpatory evidence from Masters’ attorneys. The censure was an unusual reprimand for misbehaving prosecutors. But it was largely symbolic. As noted, Gilmore and Blair won’t have to pay a dime to Masters. And both will get to keep their current jobs: They’ve both since moved on to become judges in Larimer County District Court, where they preside over other criminal cases.That they were censured, in itself, is quite amazing. Even a slap on the wrist is more than usually results from prosecutorial misconduct. That they have no financial accountability is no surprise, since our courts have clearly determined that it would be chilling to the zealous prosecutor to be held responsible for intentional misconduct. We can’t have prosecutors afraid of engaging in deliberate wrongs if we’re to have them fearless in prosecuting the innocent.
But that they convicted an innocent man, withheld exculpatory evidence, were censured for it and then, after all that, moved on to be judges, is just too much to take. In fairness, I asked Radley whether judges are elected or appointed in Larimer County, and he informs me that they are appointed and thereafter subject to retention elections. That means somebody decided that Terry Gilmore and Jolene Blair represent the caliber of person that should sit in judgment of others, and appointed them to the bench.
It’s one thing for prosecutors to get a free pass on misconduct, and let there be no question but that the withholding of evidence from the defense so that they can convict an innocent person is misconduct, it’s another thing entirely to then reward that prosecutor by making him a judge. That’s too much to take. To not penalize is bad enough, but to reward prosecutors who engage in misconduct is beyond the pale.
We are constantly bombarded with the lofty platitudes about our system of criminal justice, how it may not be perfect but it’s better than any other. As if this sweet talk covers a multitude of sins that could well be fixed to make it far less imperfect, far better than others. That individuals who engage in wrongdoing are placed in a position to judge others is simply unacceptable. That these individuals invariably come out of the prosecutor’s office isn’t an accident. The government takes care of its own.
I’m with Radley when he bemoans the fact that prosecutorial misconduct is a cost passed along to taxpayers, who have a right to expect and demand better of those on the payroll. I’m with Radley when he ridicules the lack of meaningful consequences for prosecutors who abuse their authority to convict the innocent and conceal the evidence. But when these same prosecutors, who should be tossed out on their butt for what they’ve done, possibly getting free room and board in a special wing of a prison reserved for cops and prosecutors who enjoyed their job a little too much, are instead handed a black robe and told to have fun, mere ridicule isn’t enough for me.
For me, this goes way over the line of impropriety, to the point of disgust. I hope Radley’s with me when I say that the elevation of Terry Gilmore and Jolene Blair to the bench is outrageous and an affront to any dignity the judiciary still possesses. I hope that their fellow judges feel the same way.
Discover more from Simple Justice
Subscribe to get the latest posts sent to your email.
Actually, my own opinion is that prosecutors should be disqualified from becoming judges on separation of powers grounds.
Not that that is ever going to happen. Almost every judge in the country would have to be replaced.