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Message
Orleans DA is sued over their "fake subpoenas"
Posted on 10/18/17 at 2:53 pm
Posted on 10/18/17 at 2:53 pm
LINK
this needs some federal indictments, not just a civil suit. hopefully discovery gets the information needed for prosectuions
lock
them
up
quote:
According to the suit, Cannizzaro's office has sought "material witness" warrants at least 150 times. "In a significant number of applications for these warrants," the lawsuit says, Cannizzaro's office made false statements and omitted material facts. "If prosecutors told the whole story, these warrants would never be issued."
Arceneaux says in many of those cases, prosecutors used witnesses refusal to comply with fraudulent subpoenas as justification for imprisonment.
Cannizzaro's office also sought exorbitant bonds, sometimes up to $500,000, or no bond at all to keep witnesses in custody. Jailed witnesses then had to languish behind bars for long periods before they could even appear in court to challenge their imprisonment.
this needs some federal indictments, not just a civil suit. hopefully discovery gets the information needed for prosectuions
lock
them
up
10
Posted on 10/18/17 at 2:55 pm to SlowFlowPro
They probably did something to deserve being in jail anyway.
Posted on 10/18/17 at 2:56 pm to cwill
quote:
They probably did something to deserve being in jail anyway.
one of them was a victim of rape
Posted on 10/18/17 at 2:58 pm to SlowFlowPro
There are two or three ADAs in that office that should be put on a wall and shot.
Posted on 10/18/17 at 2:58 pm to SlowFlowPro
Dude...you kinda know me, right?
Posted on 10/18/17 at 2:59 pm to cwill
yeah i couldn't turn that into a similar snarky joke so i just left it there
Posted on 10/18/17 at 3:00 pm to SlowFlowPro
Another reason for me to stay the hell away from NO.
Posted on 10/18/17 at 3:00 pm to SlowFlowPro
I guess I understand the motive of using the fake subpoenas to spur victims/witnesses to provide information, but actually jailing victims/witnesses who don't comply with the fake subpoenas? Yikes.
Posted on 10/18/17 at 3:02 pm to Damone
this is all in addition to them prosecuting PDO investigators
quote:
Prosecutors and public defenders are supposed to be adversaries in the courtroom. But prosecutors have a significant upper hand: a largely unchecked power to bring criminal charges against anyone they want. In most parts of the country, prosecutors don’t wield this tool against their own professional opponents. But in New Orleans, it’s become a pattern.
At least six defense attorneys and investigators say they faced threats of criminal charges by the Orleans parish district attorney for doing their jobs, the Guardian has found. Since DA Leon Cannizzaro took office in 2009, the attorneys have been accused of kidnapping, impersonation and witness tampering in the course of defending their clients. Each case has failed to stand up to scrutiny: all charges that have been brought were eventually dropped or overturned.
Legal experts said the practice of charging public defenders is highly unusual and raises ethical concerns.
“I can’t think of any way to justify what the prosecutor’s office has done,” said Bennett Gershman, a professor at Pace Law School who studies prosecutorial misconduct. He said prosecutors could be using their charging power to gain a competitive advantage or to intimidate defense attorneys.
Posted on 10/18/17 at 3:05 pm to cwill
quote:
They probably did something to deserve being in jail anyway.
Stalin's #2 agrees with this sentiment.
This post was edited on 10/18/17 at 3:07 pm
Posted on 10/18/17 at 3:08 pm to SlowFlowPro
quote:
The threat of imprisonment is just one of the many challenges looming over the public defender’s office in New Orleans, the most incarcerated city in the state with the world’s highest incarceration rate
A result of racist Republican leaders looking to incarcerate minorities IMO. Just look at how long they have controlled the city:
24 Benjamin Flanders April 4, 1870 November 29, 1872 1 Republican
25 Louis A. Wiltz November 30, 1872 November 30, 1874 1 Democratic
26 Charles J. Leeds November 30, 1874 December 19, 1876 1 Democratic
27 Edward Pilsbury December 19, 1876 November 18, 1878 1 Democratic
28 Isaac W. Patton November 18, 1878 December 16, 1880 1 Democratic
29 Joseph A. Shakspeare December 16, 1880 November 20, 1882 1 Democratic
30 William J. Behan November 20, 1882 April 28, 1884 1 Democratic
31 Joseph V. Guillotte April 29, 1884 April 23, 1888 2 Democratic
(29) Joseph A. Shakspeare April 23, 1888 April 25, 1892 2 Democratic
32 John Fitzpatrick April 25, 1892 April 27, 1896 2 Democratic
33 Walter C. Flower April 27, 1896 May 7, 1900 2 Democratic
34 Paul Capdevielle May 7, 1900 December 5, 1904 2 Democratic
35 Martin Behrman December 5, 1904 December 6, 1920 3 Democratic
36 Andrew J. McShane December 6, 1920 May 4, 1925 2 Democratic
(35) Martin Behrman † May 4, 1925 January 12, 1926 1 Democratic
37 Arthur J. O'Keefe January 12, 1926 July 15, 1929 1 Democratic
38 Thomas S. Walmsley July 15, 1929 June 30, 1936 3 ?1/2 Democratic
39 Albert M. Pratt June 30, 1936 July 15, 1936 Acting Democratic
40 Fred A. Earhart July 15, 1936 July 15, 1936 Acting Democratic
41 Jesse S. Cave July 15, 1936 August 17, 1936 Acting Democratic
42 Robert Maestri August 18, 1936 April 4, 1946 4 Democratic
43 Chep Morrison April 4, 1946 July 17, 1961 3 Democratic
44 Victor H. Schiro July 17, 1961 May 2, 1970 2 Democratic
45 Maurice Landrieu May 2, 1970 May 1, 1978 2 Democratic
46 Ernest N. Morial May 1, 1978 May 5, 1986 2 Democratic
47 Sidney Barthelemy May 5, 1986 May 2, 1994 2 Democratic
48 Marc Morial May 2, 1994 May 6, 2002 2 Democratic
49 Ray Nagin May 6, 2002 May 3, 2010 2 Democratic
50 Mitch Landrieu May 3, 2010 Incumbent 1 ?1/2 Democratic
Okay well maybe not, but maybe Benjamin Flanders was such a big tPOS that his effects are still being felt!
Posted on 10/18/17 at 3:09 pm to SlowFlowPro
Subpoena power is a wonderful weapon.
But it can be and is abused.
But it can be and is abused.
This post was edited on 10/18/17 at 3:10 pm
Posted on 10/18/17 at 3:10 pm to LuckyTiger
these aren't real subpoenas, though
they just made fake ones to intimidate witnesses into coming to the DAs office to talk
then, apparently, they had some of those who didn't show up arrested and held with high bonds because they didn't respond to fake subpoenas
they just made fake ones to intimidate witnesses into coming to the DAs office to talk
then, apparently, they had some of those who didn't show up arrested and held with high bonds because they didn't respond to fake subpoenas
Posted on 10/18/17 at 3:16 pm to SlowFlowPro
Thats outrageous by itself. This deserves its own thread.
Posted on 10/18/17 at 3:16 pm to SlowFlowPro
Further proof that the D.A.'s office is closer to a criminal outfit than a purveyor of justice.
Posted on 10/18/17 at 3:23 pm to NYNolaguy1
pretty sure we had one. 
Posted on 10/18/17 at 3:24 pm to SlowFlowPro
quote:
prosecutors used witnesses refusal to comply with fraudulent subpoenas as justification for imprisonment.
These prosecutors HAVE to do jail time
Posted on 10/18/17 at 3:25 pm to lsu480
i don't see how they aren't, at the least, facing ethical charges for this
Posted on 10/18/17 at 3:25 pm to SlowFlowPro
quote:
they just made fake ones to intimidate witnesses into coming to the DAs office to talk
then, apparently, they had some of those who didn't show up arrested and held with high bonds because they didn't respond to fake subpoenas
If true, this is a classic civil rights violation, not just a civil suit and either it comes from the DDA or the DA himself....no way little pissant ADA's would even dare try this stuff without Cannizaro's approval.
Posted on 10/18/17 at 3:26 pm to KiwiHead
oh he 100% defended the fake subpoenas when they were first reported on. then, after the news had legal opinions saying it was illegal, he stopped using them
quote:
Cannizzaro's office initially defended the practice. But shortly after it learned that legal experts had told The Lens that such letters were likely illegal, it announced that it would stop. Follow-up investigations revealed that Cannizzaro's office attempted to obtain an arrest warrant against a domestic violence victim who ignored a fake subpoena.
This post was edited on 10/18/17 at 3:29 pm
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