Prosecutor Investigating Archdiocese Is Known for Novel Legal Ideas
The prosecutor investigating the Los Angeles archdiocese for its response to pedophile priests is known for his creative use of legal theories.
U.S. Attorney Thomas O’Brien has pursued cases that might never have been brought in other jurisdictions and used theories that some criticize as overly aggressive, the Los Angeles Times reports.
The story gives some examples. O’Brien used a law intended for use against civilian Defense Department employees to prosecute a soldier for the killings of four unarmed Iraqi civilians. The ex-Marine was acquitted. His office claimed the rights to any items carrying the trademarked emblem of a motorcycle gang. And he prosecuted Lori Drew, a Missouri mother accused in a MySpace hoax that led to a 13-year-old girl’s suicide. Jurors convicted Drew of three misdemeanors but apparently rejected arguments by prosecutors that she violated a law barring computer hacking.
In the priest case, the theory is that church leaders accused of covering up priest abuse may have violated a federal statute barring conspiracies to deprive others of honest services. The statute was originally used to prosecute corrupt politicians and has also been used against corporate executives. Some courts have interpreted the law to require a kickback and some have ruled it requires a violation of state law, the Times says.
A U.S. Supreme Court cert petition claims the law is “hazy” and violates the Constitution, according to the story.
O’Brien spokesman Thom Mrozek told the Times that O’Brien pursues innovative legal theories “in the pursuit of justice.”
But Rebecca Lonergan, a University of Southern California law professor who once worked for O’Brien, isn’t sure. “There are two possible motives,” she told the newspaper. “One is to do the right thing. The other is less meritorious, which is attention grabbing.”
Updated at 2:26 p.m. to modify headline.
