Thursday, June 22, 2017

Is it ethical for a prosecutor to solicit a guilty plea from an exonerated prisoner in order to save their ass and prevent the state from being sued?

In Nevada, a man spent 29 years ON DEATH ROW - luckily, the state did not expedite his execution, as two recent cases with likely claims of innocence were.

Charles Robins, of Arizona, was arrested and went to prison, on death row, at the age of 19.

Of course, Charles Robins is black - African Americans predominate the death row population in the United States.

Charles Robins was convicted and sentenced to death for allegedly beating to death a 6-month-old child of his girlfriend.

Now new evidence emerged that the child may have died of childhood scurvy, a disease with symptoms mimicking symptoms of child abuse.

Since there is a question whether a child has died, in a 29-year-old case, where the body has long been buried and evidence destroyed - of a natural death, that is "reasonable doubt" that must prevent a criminal conviction.

But, that is not so in Charles Robins case.

He did not come out a free and exonerated person.

He came out a convicted murderer with time served.

Because prosecutors in the case considered it ethically possible to play on emotions of a person who was on death row for 29 years - obviously wrongfully - by re-charging him after the conviction was overturned, and offering him a plea bargain that he could not turn down: still plead to an unlawful killing and time served.

I wonder what Arizona State Bar has to say about behavior of prosecutors in this case?

Anything?

Is it suddenly ethical in Arizona to solicit a guilty plea to a murder in a case where reasonable doubt is spelled out by the new evidence - using the defendant's desire to get out of prison after nearly 30 years on death row?

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