| 00:00:11 |
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MINUTES. >> GOOD MORNING EVERYBODY. WE ARE ABOUT TO START THE SECOND PANEL ON PROSECUTORIAL MISCONDUCT. I LIKE TO INTRODUCE THE MODERATOR. MY DEAR...
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| 00:00:39 |
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AFTER GRADUATING, WAS A LAW CLERK FROM THE HONORABLE FRIEND 12. SHE THEN WENT TO THE LAW FIRM OF SHAPIRO AND THEN CAME TO THE PUBLIC DEFENDANTS SERVICE...
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| 00:01:44 |
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OUR PANEL. SOME OF OUR PANELISTS ARE STILL AT LARGE. BUT I HAVE ISSUED A FEW LAURENTIIS FOR THEM AND THEY SHOULD BE BROUGHT TO US SHORTLY. ONE OF THE...
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| 00:04:01 |
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HER WORK, SHE TEACHES AT YALE LAW SCHOOL SHE IS
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| 00:04:04 |
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THE AUTHOR OF A BOOK ENTITLED THE WALL, THE JURY AND IN 1989 THE MASSACHUSETTS BAR VOTED HER THE BEST FEDERAL JUDGE IN BOSTON. SO MOST APPROPRIATELY WE...
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| 00:07:46 |
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MYSTERIOUS WHICH IS NOT ALWAYS THE CASE. EVEN THOUGH THE TERM PROSECUTORIAL MISCONDUCT IN A JUDGE OPINION OR SOMETHING LIKE THAT. I WOULD IF PREFER TO...
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| 00:09:20 |
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WHAT YOU ALREADY BELIEVED FROM YOUR EXTENSIVE EXPERIENCE. >> OUR FOCUS IN UNDERTAKING THIS STUDY WAS THE PROBLEM OF WRONGFUL CONVICTIONS. CALIFORNIA...
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| 00:09:48 |
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WE DECIDED OUR COMMISSION WOULD NOT BE A COMMISSION THAT 640 YEARS AND THEN ISSUES A FINAL REPORT AND FADES AWAY INTO THE SUNSET. OUR TERROR JOHN VAN...
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| 00:13:18 |
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THE INDIVIDUAL DEFENDANT'S RIGHTS ARE NOT BEING VIOLATED IF THE PERSON IS CONVICTED AS A RESULT. WHAT ROLE YOU SEE GIF JUST PLAYING IN EFFECT POLICE...
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| 00:13:56 |
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WORDS, IF WE HAD MORE RATIONAL SENTENCING SYSTEM IN GENERAL, THIS DISCUSSION, THOUGH SERIOUS, WOULD NOT BE QUITE AS SERIOUS AS IT IS NOW AND THE CITY...
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| 00:19:55 |
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MEASURES THAT THE OFFICE CAN TAKE TO ADDRESS PROBLEMS OR AT LEAST HIS REPOSITORY MISCONDUCT A VERY PROPER DISTRICT ATTORNEY OVER 36 YEARS IT WAS HENRY...
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| 00:22:15 |
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CONJUNCTION WITH THE INNOCENCE
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| 00:22:18 |
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PROJECT OF INVITING THEM IN TO REVIEW ALL THE CASES THAT HAD DNA AVAILABLE FORTUNATELY IN DALLAS COUNTY THOSE CASES WHERE DNA WAS AVAILABLE WE KEPT...
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| 00:25:40 |
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OF OCCASIONS AND FALSE CONFECTIONS AND INEFFECTIVENESS OF COUNSEL AND LEVERAGE, ALL OF THOSE THINGS YOU ARE FAMILIAR WITH, WHAT IS THE STRENGTH OF THE...
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| 00:26:21 |
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THAT CAN BUT I WOULDN'T CLASSIFIED AS THE PROSECUTOR ACTING IN BAD SO WE ARE STILL GOING THROUGH THE 200 DNA EXONERATION IS TO GET ALL THE TRANSCRIPTS...
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| 00:31:17 |
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EXONERATE IN INDIVIDUAL. THE PROSECUTOR IS AWARE OF IT. THE DEFENSE HAS ASKED FOR IT. AND THEY DON'T HAVE AN OBLIGATION EITHER UNDER AN INNOCENCE PROTECTION...
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| 00:32:10 |
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TO GET A BAR DISCIPLINARY RULE THAT SAY IF A PROSECUTOR IS SITTING ON CLEAR AND CONVINCING EVIDENCE OF INNOCENCE THERE IS SOME KIND OF ETHICAL OBLIGATION...
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| 00:34:04 |
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TRIAL ATTORNEYS, AS WELL AS WHAT FBI AGENTS, D AGENTS OR DO IN CONNECTION WITH THE PROSECUTION OF THE CASE. THEY GET REFERRALS FROM JUDGES, DEFENDANTS,...
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| 00:35:19 |
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OR DISCIPLINE WHEN APPLIED TO HIS OR HER DEPUTIES BUT NOBODY OUTSIDE THE OFFICE WOULD EVER BE AWARE OF THAT. YOU HAVE AN ATTORNEY WHO ENGAGES IN MISCONDUCT...
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| 00:37:25 |
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WHERE AN ATTORNEY'S MISCONDUCT OR INCOMPETENCE RESULTS IN A MODIFICATION OR REVERSAL OF THE JUDGMENT. >> THAT BILL WAS THE PROBLEMS OF MAKING MONITORING...
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| 00:37:37 |
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MISCONDUCT WITHIN A CRIMINAL CASE WHICH MEANS YOU ARE CHOOSING THE CRIMINAL GETS OFF BECAUSE THE CONSTABLE AIRED WHICH IS A DIFFICULT SET OF PRESSURES...
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| 00:37:55 |
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HARMLESS ERROR IS THAT IT BECOMES THE STANDARD OF CONDUCT WITHIN THE PROSECUTOR'S OFFICE. IT IS NOT A QUESTION OF WHAT THE RULES REQUIRE YOU TO DO BUT...
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| 00:38:13 |
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LOOK AT EVERY APPELLATE DECISION IN CALIFORNIA OVER A 10 YEAR. OR A CLAIM OF PROSECUTORIAL CONDUCT HAD BEEN RAISED. WE FOUND THAT IN 21 PERCENT OF...
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| 00:38:30 |
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MISCONDUCT. BUT IN ONLY 53 OF THE CASES WAS THE
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| 00:38:34 |
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CONVICTION REVERSED. AND ALL 53 OF THOSE CASES THERE SHOULD HAVE BEEN A REPORT TO THE STATE BAR. WHAT WE FOUND WAS A ZERO, NONE OF THOSE CASES HAD...
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| 00:40:24 |
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SCIENTISTS CALL CENTERED THAT APPEARED IN YOUR ONLY LOOKING AT REPORTED DECISIONS OF PROSECUTORIAL OVERREACHING OR DEFENSE INCOMPETENCE WITH JUST REPORTED...
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| 00:43:03 |
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BAD ACTORS, BUT A LOT OF PROSECUTORIAL MISCONDUCT ARE BEING PERPETRATED BY INDIVIDUALS WHO AT LEAST START OUT WITH THE BEST INTENTIONS. WHAT GOES WRONG?...
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| 00:43:49 |
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A CONVICTION. AND SO THEY BOWED TO THAT PHILOSOPHY AND A LOT OF TIMES THE END OF WITHHOLDING EVIDENCE THAT THEY SHOULDN'T. IT ALSO GOES TO THE PROSECUTOR...
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| 00:45:06 |
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IN SOME STATES SYSTEMS BUT THAT CAN ALSO LEAD TO SHEER VOLUME
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| 00:45:11 |
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OF CASES AND THE WORKLOAD WHICH TWO PEOPLE NATURALLY BEING SLOPPY AND NOT PAYING AS MUCH ATTENTION. THAT CAN ALSO BE, PERHAPS NOT INTENTIONAL, BUT...
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| 00:45:58 |
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ARE CLEARLY CASES WERE MISTAKES HAPPEN AND IT WAS A RESULT OF SLOPPINESS OR INADVERTENCE. WE ARE TALKING ABOUT EXAMPLES OF ALL OF US CAN SITE WHERE...
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| 00:46:17 |
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PAPER OR SPECIFICALLY I'M SURE BERRICK AND SITE. IN MOST CASES WE DO HAVE A PROSECUTOR ENGAGED IN OR EASILY EXPLAINED AND IN THOSE CASES, YOU ARE LIMITED...
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| 00:47:11 |
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WILL ACCOUNT FOR IT I WILL BE REVEALED. THE PROBLEM IS THIS IS COMPLETELY LOW VISIBILITY DECISION MAKING AND UNLESS INTERNAL WITHIN THE PROSECUTOR'S...
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| 00:50:36 |
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THAT WERE CAUGHT TRY LOGGING AND MAKING UP RESULTS SOLUTE AS FOR SOUTH FOR DECADES, HOW COME THE DEFENSE ATTORNEY DAN CATCH HIM AND HOW, PROSECUTORS...
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| 00:55:32 |
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REMAINING IN THAT? >> THAT DEPENDS ON THE TIME FRAME LOT OF THE THINGS THAT BARRY WAS DISCUSSING OUR YEARS AFTER WHICH IS NOT AS PROBLEMATIC FROM A...
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| 00:55:57 |
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COULD VERY MUCH HARM ONGOING INVESTIGATIONS IF THAT INFORMATION THAT IS IN THE ENTIRE CASE FILE IS THINGS THAT ARE LARGELY IRRELEVANT TO THE PROSECUTION...
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| 00:57:32 |
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BOTH SIDES. WHEN WE LOOK AT DEFENSE LAWYER AND COMPETENCE WAS REALLY SURPRISING. MARK CONVENTIONS WERE BEING REVERSED IN CALIFORNIA BECAUSE OF PROSECUTORIAL...
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| 00:59:19 |
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THAN IT IS. IF THE INFORMATION HAD BEEN TURNED OVER TO THE DEFENSE THAT COULD HAVE MADE USE OF IT AND COULD HAVE DISMISSED SINCE THEY WERE IN POSSESSION...
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| 00:59:53 |
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THE DEFENSE LAWYER DID ASK. I HEAR THERE ARE WITNESSES THAT I FIND OUT ABOUT ONE OR TWO. HOW MANY ARE THERE? SO THEY PRODUCED EIGHT OF THEM AND SAT ON...
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| 01:00:44 |
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GOING TO GET THE MESSAGE, SOMEBODY IS GOING TO LOOK AT WHAT YOU'RE DOING AND IT COULD COST YOU YOUR TICKET. >> PART OF THE PROBLEM, THIS IS VERY INTERESTING,...
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| 01:01:13 |
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THE PROSECUTOR'S OFFICE FIRST AND THERE IS A PREMIER THE SENTENCING STAND ON THAT VERY OFTEN TIMES THE DISCOVERY IS NOT SO SUBSTANTIAL AT THAT POINT...
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| 01:02:45 |
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| 01:04:26 |
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| 01:05:25 |
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| 01:05:27 |
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| 01:05:29 |
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| 01:05:35 |
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| 01:05:42 |
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| 01:05:46 |
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| 01:08:48 |
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| 01:10:44 |
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| 01:11:13 |
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| 01:11:18 |
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| 01:11:26 |
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| 01:11:58 |
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| 01:13:53 |
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| 01:14:17 |
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| 01:14:21 |
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| 01:15:52 |
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| 01:15:57 |
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| 01:17:54 |
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| 01:18:15 |
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| 01:18:40 |
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| 01:21:19 |
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| 01:22:34 |
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| 01:22:40 |
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| 01:23:55 |
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| 01:23:57 |
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| 01:24:27 |
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| 01:24:50 |
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| 01:26:06 |
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| 01:26:52 |
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| 01:28:09 |
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| 01:28:10 |
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| 01:30:29 |
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| 01:30:34 |
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| 01:31:21 |
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| 01:31:42 |
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.