Why Albany County (New York) District Attorney P. David Soares should be removed from office, immediately

One's innermost, most important views are often revealed the best in a critical situation threatening the person's well-being.

Albany DA Soares' point to oppose the new amendments (they are bad, and I oppose them on my own grounds, which I published yesterday) for creation of a Commission for Prosecutorial Conduct is, among others (his letter was not published in full, just mentioned) this:

“That investigation may include hearings attended by the defendant at which the prosecutor, victims, witnesses, and police officers may be compelled to testify about sensitive aspects of the defendant’s ongoing case,” Soares wrote. “These consequences will chill lawful prosecutorial conduct, impair prosecutorial discretion, and interfere with the operation of District Attorneys’ offices.”

So, DA Soares PRESUMES GUILT of the defendant by presuming that complaining witnesses in criminal cases are "victims" - before the conviction by a jury.

So much for the Albany defendants' constitutional, due process, right for an impartial prosecutor.

And, so much for the defendant's right to equal protection of law - with, at the very least, a defendant in a civil case who is entitled, under New York law, to a fullest discovery of all issues, even if the civil case is based on allegations of defendant's criminal behavior, as in, let's say - assault or battery.

Then the defendant has a right to:

• depose his accuser (not a victim yet, before the final decision of the court) before trial;
• have the accuser answer, under oath, interrogatories, questions of defendants about the case;
• have the accuser answer, under oath, Notices to admit, about crucial points of the case;
• disclose crucial documentary evidence about the case - where discovery laws are "liberally construed" in favor of discovery.

All of that - with much lower stakes than in a criminal case where the worst that the criminal defendant may expect is not the loss of property (as in a civil case), but the loss of liberty.

It is not DA Soares' "fault" - other than aggressive lobbying by prosecutors against the reform of discovery that would at least equalize discovery in civil and criminal cases - that such a law is already on the books.

But, IT IS prosecutor Soares' fault to call complaining witnesses in all criminal cases "victims", ahead of time, before the trial, before the verdict - thus, presuming guild of criminal defendants.

And, for this, people need to demand that Soares must step down as infit for the office of the prosecutor.