When a prosecutor conducts a criminal investigation, a prosecutor is not covered by absolute prosecutorial immunity (that invention of courts to absolve 2 out of 3 lawyers participating in the criminal process, from liability - the judge and the prosecutor, but not the defense attorney).
But, apparently, prosecutors forget that.
For example, a Louisiana prosecutor, Leon Cannizarro, this nice, smiling and handsome young man,
wanted some information from certain alleged witnesses so much that he has sent them fake "subpoenas", compelling them to come and talk to the prosecutor.
Of course, there is no such thing as a "prosecutor's subpoena", a subpoena can only be issued by the grand jury, or later, after the indictment, by the prosecutor, so that the witness would testify in court, but not to give information to the prosecutor BEFORE the grand jury and BEFORE that trial.
And, of course, if a witness refuses to testify and invokes his or her right against self-incrimination, he must be given immunity if he is compelled to testify.
And the prosecutor, of course, did not want to give any immunity. Only to pretend that he may give such immunity while knowing that when a person just comes to talk to investigators, not in front of a grand jury or a court in a criminal trial, such immunity is unavailable.
But, prosecutors can lie, can't they?
Police investigators are allowed to lie by courts.
Apparently, prosecutors acting in investigating capacity believed they can do that, too.
But, the lying gets a little bit too far when fake court documents are used to get people to talk.
What I am wondering about though is - where is the Lousiana Supreme Court and its attorney disciplinary committee in all of this?
Why aren't they prosecuting DA Leon Cannizzaro for fraud upon the court since he already admitted that his office had such a "practice", obviously, sending not just one fake subpoena, but many?
That's not enough for discipline?
Louisiana only has resources and motivation to prosecute attorneys who criticize judges for confirmed misconduct?
And, why isn't DA Cannizzaro prosecuted criminally for issuing fake court documents that he had no authority to issue?
No comments:
Post a Comment