The police officers that were convicted in the post-Katrina DanzigerBridge killings have obtained reversals
of their convictions due to prosecutorial misconduct.Oh, please, please, please allow the indulgence
of Reproof. Yes? OK…
ALL CONVICTIONS INVOLVE PROSECUTORIAL MISCONDUCT!
They are omnipotent and cannot resist constant deployment of
their omnipotence.(Aside: This is the
sub-topic of an essay in progress regarding why prosecutors seek false convictions.Spoiler = because they can!)
This reversal has only been granted because the defendants
were active duty police. Hundreds of
thousands of post-conviction petitions of non-police convicts are ignored annually
in order to protect prosecutors’ privilege of misconduct.For a similar example see, Ring v. Arizona, 536 U.S. 584 (2002).
The petitioner, Ring, received extraordinary consideration
for his death penalty conviction.As a
state prison guard who killed armored car money couriers as a side job, his
appeal was given privilege commensurate with his state employment and the
entire death penalty sentencing schema was restructured.How many equivalent appeals by less
privileged defendants deserved the consideration Ring received?All of them!
So what is extraordinary about the DanzigerBridge
police killings reversal is not the ruling, nor the exposure of quotidian
prosecutorial misconduct. The
extraordinary aspect is the exposure of proper function and the result of the
appellate procedure, both of which are lacking in all non-privileged cases.