Everything that touches Kareem Bellamy’s world seems to turn ugly. His trial was ugly. The 14 years he spent in prison for murder was, naturally, horribly ugly. The vacating of his conviction and release, ugly, ugly, ugly. Four months after Judge Joel Blumenfeld vacated Bellamy’s murder conviction based on a taped confession by another guy to the murder, it turned out the tape was a phony. Ugly.
And now on appeal before the Second Circuit, challenging the dismissal on summary judgment of his suit for damages for a cool prosecution trick performed by the Queens County District Attorneys office of maintaining a Chinese wall between the handling of snitches and the prosecutors trying cases, it’s ugly yet again.
Prosecutors have absolute immunity from liability for their actions in their prosecutorial function, because the Supreme Court fears the floodgate will open and they will flee the courtroom, and the DA’s office, in tears if they were ever held accountable, even for the most intentional and egregious wrongdoing. If that were to happen, they might be hesitant in their zeal to shoot fish in barrels and society would devolve to anarchy. So prosecutors must be protected at all costs.
But there remained one tiny crack where prosecutors could be liable, based on their actions in an investigative capacity rather than the performance of their prosecutorial function.* Bellamy argued, inter alia, that the concealment of Brady material, of benefits conferred on witnesses against him at trial, was an administrative policy rather than a prosecutorial policy. EDNY Judge Ann Donnelly said “nope, ain’t happening.” Continue reading →