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Sad truth is our prosecutors don't always wear white hats

By David T. Johnson

POSTED: 01:30 a.m. HST, Jan 12, 2014

~~<p>In the ongoing federal trial of six persons accused of trafficking methamphetamines, U.S. District Court Judge Leslie Kobayashi recently ruled that despite Assistant U.S. Attorney Jonathan Loo's repeated failures to disclose evidence to the defense that he was legally and ethically obligated to disclose, she will not dismiss the case against the defendants.</p>
<p>Kobayashi's remedy for this serious prosecutor misconduct amounts to little more than a soft slap on the wrist. She is allowing a few witnesses to be recalled and the jury to be told about the prosecutor's misconduct, and she is referring Loo to the Department of Justice's office of professional responsibility which, truth be told, seldom does anything to hold wayward prosecutors accountable.</p>
~~

In the ongoing federal trial of six persons accused of trafficking methamphetamines, U.S. District Court Judge Leslie Kobayashi recently ruled that despite Assistant U.S. Attorney Jonathan Loo's repeated failures to disclose evidence to the defense that he was legally and ethically obligated to disclose, she will not dismiss the case against the defendants.

Kobayashi's remedy for this serious prosecutor misconduct amounts to little more than a soft slap on the wrist. She is allowing a few witnesses to be recalled and the jury to be told about the prosecutor's misconduct, and she is referring Loo to the Department of Justice's office of professional responsibility which, truth be told, seldom does anything to hold wayward prosecutors accountable. Login for more...



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