Saturday, December 24, 2016

Orange County: California; Major Development. (Quite mind-blowing. We will certainly stay on top of this one. HL); White Elephant Case; U.S. Justice Department (the Feds!) opens investigation into allegations that the Orange County District Attorney’s Office and Sheriff’s Department systematically used jailhouse informants to elicit incriminating statements from specific inmates who had been charged and were represented by counsel in violation of the U.S. Constitution...Release; U.S. Justice Department; December 15, 2016.



Image result for "white elephant"

In the years since I started publishing this Blog I have become increasingly disturbed by the 'white elephant' in the room: Sheer, unadulterated, willful   misconduct in the criminal justice system - much  of it involving forensic evidence - committed by lab technicians,  pathologists, police officers, prosecutors and others.  Think Annie Dookhan; Think Sonia Farak; Think David Kofoed; Think Charles Smith; Think Ken Anderson; Think Gene Morrison.  I have therefore decided to run this image of a white elephant at the top of every applicable post henceforth, to draw our reader's attention to   what I see as a major problem in all too many criminal justice system's - my own included.  Harold Levy; Publisher: The Charles Smith Blog;
"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009; http://www.t-mlaw.com/blog/post/the-elephant-in-the-crime-lab/

------------------------------------------------------------

"The Justice Department today opened a civil pattern-or-practice investigation into the Orange County District Attorney’s Office and the Orange County Sheriff’s Department, pursuant to the Violent Crime Control and Law Enforcement Act of 1994. The investigation will focus on allegations that the district attorney’s office and the sheriff’s department systematically used jailhouse informants to elicit incriminating statements from specific inmates who had been charged and were represented by counsel, in violation of the Sixth Amendment.  Additionally, the investigation will seek to determine whether the district attorney’s office committed systematic violations of defendants’ 14th Amendment due process rights under Brady v. Maryland, a 1963 Supreme Court case, by failing to disclose promises of leniency that would have substantially undermined the credibility of the informants’ trial testimony. Orange County District Attorney Tony Rackauckas requested that the Justice Department review his office’s informant policies and practices and offered unfettered access to documents and personnel. “A systematic failure to protect the right to counsel and to a fair trial makes criminal proceedings fundamentally unfair and diminishes the public’s faith in the integrity of the justice system,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “Our investigation will examine the facts and evidence to determine whether the district attorney’s office and sheriff’s department engaged in a pattern or practice of violating these rights.  We are grateful to District Attorney Rackauckas for the unrestricted access he has offered to provide.” Attorneys from the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office of the Central District of California are jointly conducting this investigation."
https://www.justice.gov/opa/pr/justice-department-opens-investigations-orange-county-california-district-attorney-s-office-0