Published on: Thursday, September 17, 2020

A New York federal judge sharply criticized federal prosecutors for misleading the Court and failing to turn over important evidence in a criminal case to the defense -- and then ordered the whole office to read her 34-page opinion on the botched case (article available here). Previous coverage of the underlying case and the dismissal due to government misconduct covered here. The Court found “serious and pervasive issues related to disclosure failures and misleading statements to the court." The exculpatory evidence included documented evidence of one prosecutor suggesting, in the middle of the trial, that they “bury” key evidence, to which another prosecutor agreed.

"With each misstep, the public faith in the criminal-justice system further erodes. With each document wrongfully withheld, an innocent person faces the chance of wrongful conviction. And with each unforced government error, the likelihood grows that a reviewing court will be forced to reverse a conviction or even dismiss an indictment, resulting in wasted resources, delayed justice, and individuals guilty of crimes potentially going unpunished,” the Court wrote.