Legal Ethics

Prosecutors Who Withhold Evidence Should Be Jailed, Texas DA Says

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Wrongful convictions of 45 Texas defendants since 2001 reportedly have cost the state $8.6 million.

And in 22 of those cases, prosecutors withheld evidence from the defense, reports the Dallas Morning News. If they do so intentionally, prosecutors should potentially be disbarred and even jailed, says the Dallas County district attorney, Craig Watkins.

The suggestion is a very unusual one for a prosecutor to make, according to Bennett Gershman, a law professor at Pace University in New York and a former prosecutor himself. “I couldn’t give you five cases in the last 40 years of criminal charges against prosecutors.”

However, Watkins is far from the only official who feels that extraordinary action is called for to deal with an extraordinary situation.

A Summit on Wrongful Convictions is planned for noon to 5 p.m. Thursday, May 8, on the Senate floor in the State Capitol building in Austin. “The Summit will mark the first time any state’s criminal justice leaders have initiated a high-level meeting themselves to address wrongful convictions. Texas State Senator Rodney Ellis is spearheading the Summit, and Innocence Project Co-Director Barry Scheck will attend. The Summit will be open to the public,” reports the Texas Death Penalty Blog.

As discussed in an earlier ABAJournal.com post, a total of 18 defendants have been freed in Dallas County since 2001 after DNA testing determined them to be innocent. Most recently, James Woodard, 55, was freed last week after serving around a quarter-century for the rape-murder of his girlfriend. He could have been released earlier, on parole, but refused to admit his “guilt” in the crime.

The 60 Minutes news show did a segment on Woodard’s case which was televised yesterday, the Innocence Project notes in a blog post. An article on the CBS News website discusses the case and provides links to 60 Minutes video, and the program can also be viewed via the embedded link below.


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