Mara Leveritt writes today fior The Daily Beast
about prosecutorial misconduct
in several states, including by an Arkansas prosecutor whose withholding of evidence put Tim Howard
on Death Row for 16 years. He's scheduled for a new trial.
Leveritt writes that misconduct can be serious enough that a death sentence is reversed, but — as yet — no Arkansas prosecutor has ever been found to have violated lawyer ethical conduct rules by the Supreme Court committee that polices the legal profession.
Seem strange? It does to Leveritt, who's been informed the last finding of no misconduct by Prosecutor Tom Cooper,
who's now a judge, seems to turn on a suggestion the error was "inadvertent."
No doubt most defendants facing a judge would love to murmur the word “inadvertent” and be graciously forgiven. But that doesn’t work in America’s courts—unless you’re a prosecuting attorney.