The article “16 prosecutors left misconduct rebukes off judicial bids” (Page 1, March 1) was misleading. I was accused of not including a particular case in my judicial application, when in fact I did include the case. You failed to write a full and complete article, let alone a fair one.
When I heard I was to be included in the article, I contacted your reporter, who saw that I included the case in my judicial application, yet the story was written in a way that suggested that I did not disclose it.
The case involved the armed robbery, shooting and ultimate paralysis of the manager of the Zephyr Ice Cream Shop. I prosecuted two of the defendants. The conviction on the shooter was reversed for jury selection despite the fact the trial court found the jury was selected properly. I was never mentioned in any appellate court opinion nor was my conduct specifically commented upon by any court.
Though your article discusses full disclosure, you failed to mention that I cited this same case in the very next question in the 16-page judicial application, and I pointed that out to your reporter. My comment to him was, I should have cited the case in response to both questions but did not because I included it in the very next question on the application. I should also note that I answered all of your reporter’s questions in the conversation, which lasted approximately 60 seconds.
My professional conduct has never been criticized, and I have maintained a good reputation in a profession that is constantly under attack. Regrettably, speaking to your reporter to ensure complete disclosure proved futile and makes me wonder why I even bothered to speak with him when the result was, at best, distortion of the facts.
Prosecutors have defense attorneys, rules of the law and a judge to preside over the system in which we seek justice and fight for the rights of the victims, who, oftentimes cannot speak for themselves. We make split-second decisions in court, some tactical, some evidentiary. There is always the right to appeal a conviction. Even with newly discovered evidence, however, the revelation of a perjured defense witness or even unethical or illegal conduct of a defense attorney, the victim cannot appeal a not-guilty.
In all likelihood, you will continue to comment upon our conduct as prosecutors. It will sell papers, and you may win some awards. But as you comment on us, at least get your story straight and write a full, fair and complete story. Just as no one wants overzealous prosecutors winning trials at all costs, society should not want overzealous reporters trying to win awards and sell papers at all costs.
