From: pts_2@webtv.net (Pts 2)
Subject: Re: US 'legal' system...
Date: Sun, 13 Jul 2003 12:14:12 -0500 (CDT)
Message-ID: <22621-3F119364-6@storefull-2275.public.lawson.webtv.net>

Tilman Hausherr wrote: "Prosecution misconduct is standard operation and almost no one ever gets disciplined."

Actually that's a very good point Tilman.

The problem there is the lawyer profession is self-regulating. They get to judge each other in Bar complaints. Prosecutors are not above the law, in that they can be charged with crimes in a criminal case, or civil actions filed against them. However, that takes lotsa money, large kahunas, and unbiased judges to hear the cases. And one can not forget Judges come from the ranks of lawyers.

Ever notice in under water documentary films that sharks don't eat sharks? Professional courtesy!!! :-))

I 1999 I filed a complaint against the prosecutor in my case w/ the Kentucky Bar Assn. on the grounds of misconduct and malicious abuse of the legal system for failure disclose ulterior motives of his only complaining witness. After a closed door tribunal, the KBA came back in early 2000 with it's decision that there was going to be no discipline rendered. But it did not state that he was innocent or guiltless. They didn't close the case either, but left it open for further and new evidence.

Immediately after the KBA decision, that prosecutor was furious and complained to the local judge on April 10, 2000 and wanted to yank a pre-trial diversion agreement we had in retaliation. He got an arrest warrant for me issued in June. They railroaded a conviction in August 2000 and sentenced me to 5 years in prison. That was appealed and we won.

Since then, this same prosecutor was caught in 2002 misrepresenting himself as a "county" employee to the State of R.I. when he was NOT. Fact-gathering is still ongoing and the BAR complaint will be re-opened soon. A gutsy tort lawyer could take this clown to the cleaners and get him disbared and held accountable for the devastation caused by his underhanded conduct. However, doing this pro se' will probably not bear any fruit and just make him all pithy again and drum up some new crime to charge me with.

Discipline Tilman? Some of us don't sit back and just watch the misconduct and try to do something about it. It's a daunting task though.

<sigh>

So I am glad you brought this up.

FYI,

Tom <><><><><><><><><><><><><><><><><>