Behenna and more — Court-Martial Trial Practice Blog

In September 2010, USA Today published the first of several articles about prosecutorial misconduct. In that article they discussed Nino Lyons who was convicted in a case where the prosecutors:

covered up evidence that could have discredited many of Lyons’ accusers. They never revealed that a convict who claimed to have purchased hundreds of pounds of cocaine from Lyons struggled even to identify his photograph. And they hid the fact that prosecutors had promised to let others out of prison early in exchange for their cooperation.

As we’ve discussed both types of information must be disclosed.

USA TODAY found a pattern of "serious, glaring misconduct," said Pace University law professor Bennett Gershman, an expert on misconduct by prosecutors. "It’s systemic now, and … the system is not able to control this type of behavior. There is no accountability."

Sentencing Law & Policy notes that USA Today has published again on this topic regarding holding (or the lack of) holding errant prosecutors accountable. Here is a link to USA Today with a list of the items. Of interest is the discussion of 201 identified instances of misconduct.

Here is a link to information about the Hyde Amendment. It doesn’t apply to courts-martial.

Beat Navy! says:

December 10, 2010 at 8:42 am

One thing that I hope that ACCA will address in Behenna is the TC’s closing argument when she says there is no evidence to support the defense theory. When she knew there was – and the duty of candor to the tribunal must be analyzed.

December 10, 2010 at 8:44 am

One thing that I hope that ACCA will address in Behenna is the TC’s closing argument when she says there is no evidence to support the defense theory. When she knew there was all along. I hope there is a good discussion in the opinion on the duty of candor to the tribunal and how it must be analyzed in the Behenna case.