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Started By
Message
re: DA’s should be held accountable
Posted on 9/30/22 at 8:22 am to boosiebadazz
Posted on 9/30/22 at 8:22 am to boosiebadazz
quote:Example (there are MANY!):
Explain this further.
Case Background:
A few years back, a pediatrician was accused of touching 7y/o boy inappropriately. The complaint had flashing red warning signals all over it. The 7y/o "victim" was taking a long time in the hospital restroom. Questioned by his caregiver about it (mother was too busy to be around), he said it was because his penis hurt. Questioned about why his penis would hurt, he said the doctor rubbed it.
Hospital complaint lodged. Penis examined. No evidence of trauma. Next day mother decides to come home, gets story. Refiles complaint. This time on exam, the penis was red, slightly swollen, with "fingernail marks" on it.
Apparently, unbeknownst to the family, the MD was a peds faculty professor, meaning he NEVER saw patients without residents present.
Two prosecutors with a history of win-at-all-costs unethical conduct resulting in multiple mistrials took up the case. They ignored all caution signals, and instead threw the book at the accused doctor. Major criminal charges were filed. He was perp walked. Mugshots released. They told the state medical board the case was a slam dunk, and it should immediately suspend his medical licence. The medical board complied taking away the guy's income. The prosecutors continually leaked stories about the case to the press which were, by design, sensational and horribly damaging to the MD's previous stellar reputation.
Trial:
At trial the prosecution was destroyed. Defense established the caregiver had only left the 7y/o alone from 7am-9am on the day in question. Not only was the doctor accompanied by residents and students seeing patients, medical notes established the team was on rounds the entire time. The school conducted its own investigation and found zero evidence of even a possibility the charges could be true. That team testified as to its findings. 40 MDs and RNs testified for the defense. By closing arguments, the case was being described as an embarrassment for the prosecution.
Result:
Did I mention the doctor was white, the "victim" and prosecutor and several jury members were black? No? Well that would be because it never came up until closing arguments, when the prosecutor accused the doctor of being a racist white man who targeted the kid for abuse because the kid was black. She did that to get a mistrial, allowing prosecutors a second bite at the apple. The Judge went ballistic. She labeled the misbehavior an intent to force a mistrial "in the face of an impending judgment of acquittal." Instead, she dismissed the charges with prejudice, precluding retrial. She further issued findings in a writ stating prosecutors intentionally violated the law. The legal community referred to it as a major "benchslapping".
Consequences:
To this day, the doc encounters concerns that he is some sort of pedophile. Parents occasionally request a change of physician because "He is that guy who was in the news for doing something to a kid."
What happened to the two bastard prosecutors? Nothing! Not one damn thing! They tried to ruin an obviously innocent man. They attempted to jail him by any means, including breaking the law themselves according to the judge. What is their penalty? A judicial scolding. Nothing else.
It's absolutely ridiculous!
In fact the lead prosecutor is now working with a firm in personal injury, and is unbelievably working with the family to rekindle the case in a civil suit.
Are you still missing it?
This post was edited on 9/30/22 at 8:27 am
Posted on 9/30/22 at 10:11 am to NC_Tigah
quote:
In fact the lead prosecutor is now working with a firm in personal injury,
Sounds perfect for it; no ethics required.
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