Bad Boys

A rogue’s gallery of misbehaving prosecutors, plus three worth praising

Radley Balko from the July 2011 issue

(Page 3 of 4)

That wasn’t the first time Hulshof had been reprimanded by a judge for his actions in a murder case. In 2009 Missouri Circuit Court Judge Richard Callahan declared Joshua Kezer innocent of the 1992 murder of college student Angela Mischelle Lawless, criticizing Hulshof for withholding exculpatory evidence and embellishing facts in his closing argument to jurors.

In 2008 an Associated Press investigation found five other cases in which Hulshof was accused of significant misconduct. And in November 2010, the Missouri Supreme Court ordered a new hearing for Mark Woodworth, whom Hulshof convicted of murder in 1995, again finding evidence that should have been turned over to defense attorneys, including a letter from another prosecutor recommending that Woodworth be released due to a lack of evidence.

Hulshof rode his tough-on-crime credentials to six terms in Congress (1997–2009) and ran as the GOP nominee for governor in 2008, losing in the general election. Today he works as a lobbyist for Polsinelli Shughart, a white-shoe law firm with offices in St. Louis, Kansas City, and Washington, D.C.

Three Prosecutors Worth Praising

Many prosecutors, of course, understand that their job is to seek justice, as opposed to convictions by any means. Here are three particularly praiseworthy examples:

The Exculpator

Craig Watkins, district attorney, Dallas County, Texas

With his election in 2006, Watkins, a former defense attorney, became the first African-American D.A. in Texas history. He inherited the office long held by legendary law-and-order prosecutor Henry Wade (the respondent in the landmark 1973 Roe v. Wade abortion case), who was rumored to boast of his ability to convict innocent men.

Upon taking office, Watkins set up what he called the Conviction Integrity Unit, a team of lawyers that works with the Texas Innocence Project to seek out and reopen cases of possibly wrongful convictions. Since 2001, 21 men convicted in Dallas County have been exonerated by DNA evidence—more than any county in the country and more than in all but a handful of states. Watkins’ staff also has helped free prisoners in cases where non-DNA evidence has emerged that points to their innocence. There is now a remarkable tradition in Dallas in which former exonerees attend the final hearing of the latest exoneree and welcome him to life on the outside.

In 2010 Watkins was narrowly re-elected, defeating his challenger by a little over one percentage point.

The Snitch Snitcher

Earle Mobley, commonwealth’s attorney, Portsmouth, Virginia

In 2009, 28-year-old Ryan Frederick was put on trial for the murder of Chesapeake, Virginia, police Det. Jarrod Shivers, who had been part of a team that broke into Frederick’s home during a marijuana raid. Frederick, who had no prior record and who later said he thought he was being robbed, shot and killed Shivers during the raid. Frederick’s case turned on whether the jury believed him when he said he feared for his life and had no idea that the men raiding his home were police. During the trial, Prince William County Commonwealth’s Attorney Paul Ebert called a jailhouse snitch named Jamaal Skeeter to the witness stand. Skeeter claimed that Frederick had confessed to him in jail that he knew Shivers was a cop and that Frederick had boasted about killing him.

Skeeter was well-known to prosecutors as an opportunist who would say anything to get a break on his own (long) rap sheet. Mobley, a prosecutor, brought this information to Ebert’s attention. When Ebert didn’t call Mobley as a witness, Mobley reached out to the defense. It was an extraordinary move. It’s one thing for a prosecutor to have the integrity to not use unreliable jailhouse informants himself. It’s quite another to call out another prosecutor for doing so in the midst of a high-profile trial.

Mobley had warned other prosecutors about Skeeter in the past. He also has filed motions against police officers who miss hearings and publicly reprimanded cops and prosecutors who take shortcuts. “We have a sworn duty as prosecutors to make sure there’s a fair proceeding,” Mobley told The Virginian-Pilot. “You have to disclose everything under the rules.”

Page: < 1 23 4 >

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Sinic|6.27.11 @ 12:11PM|#

It's entirely too early in the week for this.

|6.27.11 @ 12:50PM|#

Actually, if you read all the way to the end he tries to tie a hopeful bow on top of the nutpunch package.

Of course, in the immortal words of "Rowdy" Roddy Piper: "Lady, that's like pouring perfume on a pig."

|6.27.11 @ 12:17PM|#

Attorneys on both sides of criminal litigation should be sanctioned for unethical behavior. As often as it occurs. Prosecutors appear to regularly avoid sharing exculpatory evidence, for instance.

|6.27.11 @ 12:55PM|#

Who prosecutes the prosecutors?

Anonymous Coward|6.27.11 @ 1:22PM|#

Other prosecutors, of course.

Michael Ejercito|6.27.11 @ 1:33PM|#

And vigilantes.

Tuscaloosan|6.27.11 @ 12:25PM|#

Kristi Fulgham is no longer on death row. The MSSC overturned her death sentence last October, and the victim's family did not want another penalty hearing. Because only a jury can hand down a death sentence in Mississippi, that meant the judge could sentence her to life without parole as a maximum punishment.

Thanks for the reporting, and sorry to quibble with facts. I've kept up with this case fairly closely since the victim was my neighbor at the time of the murder.

|6.27.11 @ 2:03PM|#

Attorneys on both sides of criminal litigation should be sanctioned for unethical behavior. As often as it occurs. Prosecutors appear to regularly avoid sharing exculpatory evidence, for instance.
@ I paid $32.67 for a XBOX 360 and my mom got a 17 inch Toshiba laptop for $94.83 being delivered to
our house tomorrow by FedEX. I will never again pay expensive retail prices at stores. I even sold a
46 inch HDTV to my boss for $650 and it only cost me $52.78 to get. Here is the website we using to get
all this stuff, BetaSell.com

Tuscaloosan|6.27.11 @ 12:28PM|#

And if you are interested in the latest from Forrest Allgood, how about the prosecution of a mother who miscarried for depraved heart murder?

http://thusbloggedanderson.blo.....stice.html

Jay S|6.27.11 @ 4:28PM|#

Better yet, Allgood will not file felony charges against a woman who hit a cyclist, got out of her car to see what happened, and ran over the cyclist again. (They're saying the charges should be for the second time, not the first)

http://www.cdispatch.com/news/.....?aid=11859

|6.27.11 @ 12:35PM|#

1. Prosecutorial misconduct should be a Felony offense
2. You forgot Hunter Brush of Smith County, Texas. Featured in the books,"Chasing Justice" and "Smith County Justice"

|6.27.11 @ 12:43PM|#

1. Prosecutorial misconduct should be a Felony offense

You misspelled "Absolute immunity" there.

Try this instead:

Prosecutorial misconduct must be protected by absolute immunity to preserve our freedoms and protect the children.

There, that's more in line with recent Supreme Court rulings....

|6.27.11 @ 12:48PM|#

Not sure they're immune if they do anything unethical.

Michael Ejercito|6.27.11 @ 1:28PM|#

And what stops vigilantes from shooting them- or blowing up their offices at the busiest time of the day?

Federal Dog|6.27.11 @ 5:21PM|#

He also forget the sleazy and fraudulent Dan Ford, who (in Bernard Naran's case) withheld exculpatory evidence; threatened witnesses; and urged conviction because (he argued) gays rape children.

I misspelled Baran.

ALERT ALERT|6.27.11 @ 12:53PM|#

***ALERT ALERT ALERT***

Stephen Metcalf has issued a "response" to his critics: http://www.slate.com/id/2297590/

***END ALERT END ALERT END ALERT***

Almanian|6.27.11 @ 12:56PM|#

Thank you, Alert Citizen!

Better China|6.27.11 @ 1:06PM|#

Too bad prosecutors aren't this over-zealous when it comes to corporate crimes.

This would be awesome!

If only there were roving lethal injection vans in America. Sadly, there would never be one assigned to Wall St. Personally, they should circle all government buildings and corporate financial buildings 24/7. Instead drug users, sodomites, and transients would get a free ride on the death bus. Damn you, Facist America...

Commie America is Best America! lol

|6.27.11 @ 4:04PM|#

Martha Stewart was convicted of perjury for saying that she didn't commit a crime for which the prosecutors declined to charge her. She was clearly attacked because she was a Brand Name and a successful businesswoman. The 'crimes' she was accused of (but not tried for) committing were related to stock prices. Please explain to me, in small words, how this is not a Prosecutor abusing his power in a corporate case?

|6.28.11 @ 9:50AM|#

Because she actually did what they said she did?

Alpheus|6.28.11 @ 1:25PM|#

Whatever happened to "innocent until proven guilty"? If she was guilty of what the prosecutor claimed she did, then convict her of it!

|6.27.11 @ 1:17PM|#

What about the despicable Elliot Spitzer? He used frivolous lawsuits and criminal charges for pure political gain.

Prosecuting prostitution rings while frequenting prostitutes is hypocritical but not damaging.

Along the way, however, he ran the man who built AIG out of power (eventually NY lost every case they threw at Greenberg). When the replacement for Greenberg turned out to be an idiot, the company and much of the American economy collapsed.

Prostitutes & Johns|6.27.11 @ 10:20PM|#

Come again.

Either commercial sex constitutes a crime or it does not, and Mr. Spitzer's connections and money can not change that fact.

He has either knowingly sent innocent men and women to jail, or he is de facto even if not de jure a felon.

There is no middle ground here.

|6.27.11 @ 1:23PM|#

You would think that these fatheads would understand that prosecuting the innocent means that the guilty go free.

Unless they just don't care.

Gee, somebody explain to me how we need big government running the system to ensure fairness.

some guy|6.27.11 @ 2:26PM|#

If the misbehaving prosecutor was duly elected, then we are all to blame?

Matrix|6.27.11 @ 4:19PM|#

Well, the public probably does not hear anything about prosecutorial misdeeds. And even if they do, they are likely forgotten. Seriously, though, why aren't there anti-candidate ads on TV to point to these abortions of justice as perfect reasons not to reelect these prosecutors?

Matrix|6.27.11 @ 4:18PM|#

In their minds, the person is guilty of SOMETHING, even if not the crime they are on trial for, so they deserve whatever sentence is given.

In my mind, the prosecutor deserves to be drawn and quartered, and I don't mean figuratively.

Federal Dog|6.27.11 @ 5:25PM|#

They don't care, They care about winning a point. That's all.

And if you prove that they were in fact wrong, and that an innocent person has taken the offender's place in prison?

They will ignore the fact they destroyed someone's life and family, and simply state that they are "convinced" the guy is nonetheless guilty, and that their own actions were just.

They then walk away, counting the money they made from destroying that person's life and family.

|6.28.11 @ 4:52PM|#

"...prosecuting the innocent means that the guilty go free."

You assume that all crimes have victims, and some level of justice need be weighed. Bad assumption.

Michael Ejercito|6.27.11 @ 1:26PM|#

Did anyone forget the formula for mixing fuel oil with ammonium nitrate?

|6.27.11 @ 1:29PM|#

1:1 Oh wait, that's matter and antimatter.

Michael Ejercito|6.27.11 @ 1:32PM|#

I find it odd that people in Egypt, Syria, Libya, Oman, etc. are much less intolerant of injustice than we are.

|6.27.11 @ 1:43PM|#

Their TV stations all suck.

np|6.27.11 @ 1:47PM|#

Well unfortunately their definition of justice can be very different. What you don't hear from the mainstream media is that Egypt is actually a lot worse now. Trials are swiftly done in military courts. A 17 y.o. guy was sentenced to death. In revising their constitution it was reaffirmed to be based on Islamic law. A english speaking girl who has been documenting the 'revolution' was interviewed by the BBC and told them that she has lost all hope over the last few months saying that the situation has actually gotten worse, despite the BBC's leading question of "but haven't things improved?" twice.

Anonymous Coward|6.27.11 @ 10:53PM|#

B-b-b-but...Arab Spring!

np|6.27.11 @ 1:36PM|#

I would go much further than simply having accountability hinge on misconduct or unethical behavior.

The only way to reform the system, to make it truly about justice, is to hold the prosecutors, AND the judge (who is responsible for filtering the evidence), AND the jury (those who voted for the conviction) accountable for wrongful convictions.

Scruffy Nerfherder|6.27.11 @ 1:39PM|#

Juries can't be held responsible for evidence never presented.

Michael Ejercito|6.27.11 @ 1:46PM|#

Why not?

They can be held responsible by vigilantes with enough firepower and the will to use it.

Jersey Patriot|6.27.11 @ 1:56PM|#

Did you learn a new word today?

|6.28.11 @ 9:51AM|#

"Why not?"

Um, are you really asking why people can't be held accountable for things they were never told and information they never had? REALLY?

Zeb|6.27.11 @ 2:53PM|#

Good ideas. Except the jury part.

np|6.27.11 @ 3:05PM|#

Well I included juries partly out my own experience in one, lol. (In fact, I never want to serve again)

Given that juries do have the legal authority to nullify, they should also exercise some real discernment, some real thinking, even in spite of the judge, when someone else's life is on the line.

For example: http://reason.com/archives/200.....llificatio
Nick recounts the judge who says: "When it comes time for you to deliberate, you have to agree to apply the law as I define it. If I tell you that black is white, or that wrong is right, that's what you have to believe in reaching your decision."

But I also think jury duty should be voluntary.

some guy|6.27.11 @ 4:10PM|#

You were on a jury? Did you lie to get there? No true Libertarian (or Scottsman) could ever get on a jury without lying.

|6.27.11 @ 9:37PM|#

I got a jury notice in the mail the other day. I just put 'return to sender' on it.

Anonymous Coward|6.27.11 @ 10:55PM|#

The fastest way to get off of a jury is to explain to the lawyers involved about your deeply held belief in jury nullification.

|6.28.11 @ 7:29AM|#

Or involvement in unpleasant legal encounters with perjured police testimony.

|6.28.11 @ 4:55PM|#

And that you believe in professionally educated jurors. Send you home in a flash.

enjoy every sandwich (love the handle).

the american just-us system is about persception and the mob.
for example; if someone is serial killing the 'gobment just-us' system then finds a 'guilty' person to punish. the american mob is then satisfied. and the social engineering can continue...
nothing to see here...
move the fuck on...

some guy|6.27.11 @ 2:20PM|#

4 pages of this? I can't do it. I can't read it all. My mind would die from sheer anger.

Mensan|6.27.11 @ 4:08PM|#

Keep going. The last two pages are about good prosecutors who are actually more concerned with justice than with winning prosecutions.

Matrix|6.27.11 @ 4:14PM|#

The fact that 100% of prosecutors are not more concerned with justice than winning is frightening.

Anyone who brags about being able to get convictions on innocent people really needs to be crucified... literally!!

|6.27.11 @ 4:08PM|#

Who says vigilantism has no place in our society? Not me!

Matrix|6.27.11 @ 4:34PM|#

I doubt I would shed any tears if I woke up one morning and read the news about a prosecutor like the first few who was given lead aspirins, administered directly to the forehead.

Actually, I know I wouldn't shed any tears.

Mark|6.27.11 @ 5:02PM|#

I am less concerned about idiots who prosecutors than I am about prosecutors who prosecute people that they KNOW did not do the thing they are being prosecuted for (example, Duke Lacrosse Team case).

I am 100%, all-the-way, jumping-up-down, hooting-and-hollering IN FAVOR of putting to death any prosecutor who KNOWINGLY prosecutes someone who could not have done what they are accused of. Just kill them.

Federal Dog|6.27.11 @ 5:28PM|#

"I am 100%, all-the-way, jumping-up-down, hooting-and-hollering IN FAVOR of putting to death any prosecutor who KNOWINGLY prosecutes someone who could not have done what they are accused of."

They should receive the same exact sanctions that they fraudulently tried to pin on the innocent accused.

|6.27.11 @ 7:09PM|#

I hope Rorschach is out there somewhere, preparing to lynch Allgood and the rest of the morally depraved fuckbags pulling this shit.

MooseOfReason.com|6.27.11 @ 9:04PM|#

We'll miss you, Radley.

appleaccessories|6.27.11 @ 9:57PM|#

bad boy while good music

Aimeng|6.28.11 @ 3:16AM|#

You might think that putting an innocent person in prison for a major crime like rape or murder would end or at least impede a prosecutor’s career.
A nice article, thank you for sharing...

|6.28.11 @ 7:31AM|#

Why would you think that?

موقع زفات|6.29.11 @ 8:39PM|#

thank you

زفات|6.29.11 @ 8:48PM|#

Not Funny

discount|7.4.11 @ 10:35PM|#

I don't think there's bad boy said, as long as one can positive, everyone has great potential

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thank u

Air Jordan Ol School|8.14.11 @ 9:47PM|#

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Gasas|12.5.11 @ 5:00PM|#

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Gasas

Reason.com

Bad Boys

A rogue’s gallery of misbehaving prosecutors, plus three worth praising

Sinic|6.27.11 @ 12:11PM|#

Anonymous Coward|6.27.11 @ 1:22PM|#

Michael Ejercito|6.27.11 @ 1:33PM|#

Tuscaloosan|6.27.11 @ 12:25PM|#

Tuscaloosan|6.27.11 @ 12:28PM|#

Jay S|6.27.11 @ 4:28PM|#

Michael Ejercito|6.27.11 @ 1:28PM|#

Federal Dog|6.27.11 @ 5:21PM|#

Federal Dog|6.27.11 @ 5:21PM|#

ALERT ALERT|6.27.11 @ 12:53PM|#

Almanian|6.27.11 @ 12:56PM|#

Better China|6.27.11 @ 1:06PM|#

Alpheus|6.28.11 @ 1:25PM|#

Prostitutes & Johns|6.27.11 @ 10:20PM|#

some guy|6.27.11 @ 2:26PM|#

Matrix|6.27.11 @ 4:19PM|#

Matrix|6.27.11 @ 4:18PM|#

Federal Dog|6.27.11 @ 5:25PM|#

Michael Ejercito|6.27.11 @ 1:26PM|#

Michael Ejercito|6.27.11 @ 1:32PM|#

np|6.27.11 @ 1:47PM|#

Anonymous Coward|6.27.11 @ 10:53PM|#

np|6.27.11 @ 1:36PM|#

Scruffy Nerfherder|6.27.11 @ 1:39PM|#

Michael Ejercito|6.27.11 @ 1:46PM|#

Jersey Patriot|6.27.11 @ 1:56PM|#

Zeb|6.27.11 @ 2:53PM|#

np|6.27.11 @ 3:05PM|#

some guy|6.27.11 @ 4:10PM|#

Anonymous Coward|6.27.11 @ 10:55PM|#

some guy|6.27.11 @ 2:20PM|#

Mensan|6.27.11 @ 4:08PM|#

Matrix|6.27.11 @ 4:14PM|#

Matrix|6.27.11 @ 4:34PM|#

Mark|6.27.11 @ 5:02PM|#

Federal Dog|6.27.11 @ 5:28PM|#

MooseOfReason.com|6.27.11 @ 9:04PM|#

appleaccessories|6.27.11 @ 9:57PM|#

Aimeng|6.28.11 @ 3:16AM|#

موقع زفات|6.29.11 @ 8:39PM|#

زفات|6.29.11 @ 8:48PM|#

discount|7.4.11 @ 10:35PM|#

discount|7.4.11 @ 10:35PM|#

قبلة الوداع|8.13.11 @ 2:20AM|#

قبلة الوداع|8.13.11 @ 2:20AM|#

Air Jordan Ol School|8.14.11 @ 9:47PM|#

قبلة الوداع|8.16.11 @ 2:04AM|#

Guantes de vinilo|12.5.11 @ 4:59PM|#

Gasas|12.5.11 @ 5:00PM|#

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