While many say that the justice system is designed to secure a fair outcome
through tried and true methods that protect each individual’s rights,
there are some who consciously fight against the justness of this system.
In a recent example, a California prosecutor was caught in a web of his
own lies when trying to get a defendant to serve time for additional crimes
not included in their original confession transcript. What did the prosecutor
do to make sure that additional information was in there? He simply wrote
in two new lines on the defendant’s confession, pretending his own
words were the defendant’s.
Normally, you would expect the prosecutor to fix his error before the defendant
was sentenced to serve time for this false confession, but not in this
case. In the middle of working out a plea deal with the prosecution, the
accused’s defense encouraged him to accept the deal based on the
false evidence, not realizing it was fabricated. While the prosecutor
had plenty of time to correct his lies and falsification, he did nothing,
seeing it as a success in his books.
Defense Wins a Dismissal Despite Opposition
The crime was not discovered until the defense requested a copy of the
original recording that the prosecutor had allegedly pulled his transcript
from. At this point, the prosecutor admitted that he had added some of
the most incriminating statements to the transcript himself. In response
to the defense’s motion for dismissal of the indictment of their
client, the prosecutor tried to play it off like a joke, saying that it
was only a light jest between two lawyers. This alone should be enough
Thankfully, a California judge responded in that way, finding that the
prosecution’s actions were “egregious, outrageous, and…shocked
the conscience.” The judge and many others feel that behavior like
this from prosecutors only dilutes the protections that individuals have
under the constitutions and further corrupts the justice system.
How would you expect California Attorney General Kamala Harris to respond
to this? Instead of seeking to hold her prosecutor accountable, she appealed
the decision of the dismissal and argued against it. This is just further
proof that trusting the government, especially prosecutors, to seek a
fair and just outcome is not safe. Defendants must understand that the
prosecution is only seeking to prove their guilt, not their innocence.
Sadly, it appears that some prosecutors are also willing to sacrifice
the truth in order to get their “fair” outcome.
If you have been arrested for a crime in Honolulu, do not take your charges
lightly! You need to fight them with the help of a criminal defense attorney.
The Law Office of Kevin O'Grady, LLC for counsel.