2nd Circuit, surprisingly, gave people a tool to pursue prosecutors who fabricate evidence in their investigative capacity, for presentation of the grand jury

The U.S. Court of Appeals for the 2nd Circuit, in a surprising move, affirmed a multimillion dollar jury verdict against a New York prosecutor (Special Assistant Attorney General) for omissions in evidence presented to the grand jury and that was used to obtain an indictment (that was dismissed down the road after a BENCH trial).

First of all, that a person was acquitted after a bench (no-jury) trial, simply by a judge, is refreshing.

Second, it shows that those who plea and do not go to trial on the grand jury indictments - or who forego indictments completely, agreeing instead to prosecution by a Superior Court Information - lose out an opportunity to be acquitted because of discrepancies in presentations to the grand jury, because only in a trial portions of grand jury minutes (the so-called Rosario material) become disclosed, otherwise they are concealed by grand jury secrecy.

Third, what is valuable in the Morse v Fusto decision, made on September 11, 2015 by the 2nd Circuit, is that omissions may be charged as fabrications, if such omissions could create a false impression of culpability in the grand jury, and if such omissions or fabrications of evidence happened during investigation by the prosecutor.

Fourth, since the distinction between no immunity and absolute prosecutorial immunity lies in the factual analysis whether the fabrication or omission occurred during the investigative stage (no immunity) or preparation-for-the-grand jury stage (absolute prosecutorial immunity), that distinction may not be made by a judge and must be submitted for fact-finding to a jury in a civil rights case.

Which, after Morse v Fusto, will translate to more settlements.

But, fifth, I wonder whether the taxpayers will have to pay the multi-million dollar jury verdict in the Morse v Fusto case, or whether the defendants who were involved in fabrications that was not part of their duties, will have to pay out of their own pockets, including for their legal defense.

Which would be more fair, don't you think?

Now, after Morse v Fusto, is the Delaware County judicial candidate, Delaware County District Attorney Richard Northup exposed to liability for presentation of evidence with "omissions" amounting to falsifications to the grand jury in the case People v Barbara O'Sullivan that Richard Northrup is relentlessly pursuing on behalf of his employee, the alleged victim's uncle who works for Richard Northrup as an investigator?