At a time when some prosecutors not only fight to the death for their right to conceal exculpatory evidence, but deny it for as long as humanly possible despite the fact that a man sits in prison who, but for impropriety, shouldn’t be there, Oklahoma County District Attorney David Prater demonstrates the meaning of honor and integrity.

From his press release :

On March 15, 2012, an Oklahoma County jury convicted Billy Thompson of 1st Degree Murder at the conclusion of a trial held before the Honorable Donald Deason. The next day, I discovered that a potentially exculpatory statement made to Assistant District Attorneys Pam Kimbrough and Stephanie Miller by a witness to the original crime was not disclosed to defense counsel.

Within minutes of learning of the nondisclosure, I contacted Chief Public Defender, Robert Ravitz to notify him of the allegations. To ensure the integrity of our investigation into the alleged ethical violations of the ADAs, I invited Mr. Ravitz to jointly investigate the allegations. He accepted.

This may be the most remarkable initiative to come from the office of a prosecutor I’ve ever seen. Not only does Prater, without anyone outside his office having the slightest clue that Brady was withheld, come forward “within minutes,” but he names the individual prosecutors involved and includes the Chief Public Defender to participate in the investigation. 

In his press release, Prater includes the sort of language typically used to describe the distinct nature of the prosecutorial function:

Prosecutors must be different than any other type of attorney. We are not simply advocates, but are charged with a ministerial duty within the criminal justice system. We are duty-bound to seek justice, period. That duty includes protecting the constitutional and substantive rights of criminal suspects and criminal defendants. We must never abrogate that duty to the justice system we are privileged to serve.

The difference here, and it’s a difference with a huge distinction, is that this isn’t used in the typical prophylactic manner, making the right noises before heading off in the other direction as quickly as possible. Rather, David Prater means what he says.

To protect the integrity of this office, its dedicated employees and most importantly, our justice system, I have taken swift and definitive action. Pam Kimbrough and Stephanie Miller were terminated last Thursday. Though I am heart-broken over their loss to this office, my decision to terminate them was an easy decision to make. The gravity of their alleged ethical violation is so great that only one punishment equals their transgression. Additionally, I am forwarding our investigation to the Oklahoma Bar Association and the Oklahoma Attorney General’s office to assign a special prosecutor to evaluate the investigation for possible criminal violations.

Perhaps it would have been better had there been a culture in place that would have caused the assistants proactively to disclose Brady, despite the potential loss at trial.  But compare this to the reaction in New Orleans, where the argument coming from Harry Connick’s office, and affirmed by the Supreme Court in Connick v. Thompson, was that they were sufficiently brilliant to get convictions but so utterly ignorant as to have no clue that they were obliged under Brady to disclose exculpatory information.

Pam Kimbrough was no rookie, no throwaway who was easily jettisoned in order to create the appearance of integrity.  Via NewsOK :

Kimbrough was a veteran prosecutor who was team leader of the county’s domestic violence division. She was hired by Prater when he was elected to office.

There’s little doubt that it was indeed painful for Prater to fire her, but he did, and he did without hesitation.  It’s easy to say that unethical behavior won’t be tolerated. It’s a lot harder to do what needs to be done to make it real.

As reactions to impropriety go, District Attorney David Prater’s reflects a dedication to integrity that has never, to my knowledge, been seen before.  I will not diminish his actions by further commentary, but rather thank him for taking immediate and unambiguous steps to vindicate the violation of the defendant’s constitutional rights.

This is what it means to be an honest prosecutor.

H/T William Spielder