Prosecutorial Misconduct

Southern California Tops Deep South in New Death Sentences Amid Mounting Evidence of Misconduct

Riverside County, California is "the buckle of a new Death Belt," says Professor Robert J. Smith of the University of North Carolina at Chapel Hill, producing 7 death sentences in the first half of 2015. This, Smith says, is "more than California’s other 57 counties combined, more than any other state, and more than the whole Deep South combined." Los Angeles County has produced 33 death sentences since 2010 - the most in the Nation - and 5 Southern California counties (also including KernOrange, and San Bernardino) are among the most prolific 15 counties nationwide in producing death sentences in that time period. Meanwhile, there has been a dramatic drop in new death verdicts in the Deep South, which Smith notes formerly produced the most death sentences. No one has been sentenced to death in 2015 in Georgia, North Carolina, South Carolina, Virginia, or Texas. However, the Southern California counties "have more in common than overzealous use of the death penalty," Smith says. Prosecutor's offices in these counties face charges of rampant misconduct, including deliberately withholding favorable evidence and lying to courts. The entire Orange County District Attorney's office was recused from a recent capital prosecution as a result of extensive misconduct. Its Deputy District Attorney Erik Petersen recently resigned and left the state after he came under scrutiny for the use of an illegal jailhouse informant program to secure testimony against defendants. In Riverside County, federal courts overturned a murder conviction earlier this year because a prosecutor lied about whether an informant received incentives for testifying. Kern and Los Angeles prosecutors have also been cited for repeated acts of misconduct. (Click image to enlarge. Map shows counties that handed down the most death sentences in 2014.)

Texas to Execute Lester Bower After 30 Years on Death Row, Despite Errors and Doubts as to Guilt

UPDATE: Bower was executed as scheduled. EARLIER: Lester Bower is scheduled to be executed in Texas on June 3, after spending more than 30 years on death row. Judges have denied relief on several issues raised by Bower, including a claim that prosecutors had withheld evidence from the defense supporting Bower's consistent assertion that he is innocent. Bower was convicted of the 1983 murder of four men in Grayson County, Texas. He says he met with one of the men to purchase an ultralight aircraft, which the others helped him disassemble and load into his truck. The evidence against him was circumstantial: calls made to the man selling the aircraft and Bower's possession of the same type of ammunition used in the killings, which prosecutors had told the jury was extremely rare. After Bower's conviction, his lawyers obtained records from the FBI and prosecutors indicating that the ammunition was not as rare as prosecutors had said, and of an undisclosed tip that the murders may have been connected to drug trafficking. Later, a woman came forward saying that her boyfriend and his friends had committed the murders after a drug deal went wrong. The wife of one of the other men corroborated her story. In a recent filing, Bower's attorneys said, "This is a case in which there is a significant lingering doubt regarding guilt or innocence." Three Supreme Court justices have said that Bower should have a new sentencing hearing, as a result of what they called a "glaring" constitutional error that impaired the jury's consideration of mitigating evidence.

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