Nifong Awards Go To: Greg Damm and Kimberly Frayn
In United States v. Chapman, (opinion here; via Volokh) a unanimous three-judge panel of the Ninth Circuit Court of Appeals, in an opinion joined by ultra-conservative judge Diarmuid F. O’Scannlain, concluded that gross prosecutorial misconduct occurred in a federal trial:
The government egregiously failed to meet its constitutional obligations under Brady and Giglio. It failed to even make inquiry as to conviction records, plea bargains, and other discoverable materials concerning key witnesses until after trial began. It repeatedly misrepresented to the district court that all such documents had been disclosed prior to trial. The government did not admit to the court that it failed to disclose Brady/Giglio material until after many of the key witnesses had testified and been released. Even then, it failed to turn over some 650 documents until the day the district court declared a mistrial and submitted those documents to the court only after the indictment had been dismissed.
The Court of Appeal concluded:
This is prosecutorial misconduct in its highest form; conduct in flagrant disregard of the United States Constitution; and conduct which should be deterred by the strongest sanction available.
However, if you read the opinion, you will never learn who these people who deserve “the strongest sanction” are.
Fortunately, I will say what judges will not say. According to official court records (here and here), Greg Damm and Kimberly Frayn were the prosecutors who committed “prosecutorial misconduct in its highest form.”
Will the Nevada State Bar take notice of this prosecutorial misconduct? Will Greg Damm and Kimberly Frayn be punished?
I am personally going to mail a copy of this opinion to the Nevada State Bar association. I will also be following-up with them.
I will let you know whether the Nevada State Bar takes lawyer misconduct seriously.
June 14th, 2009 at 5:08 am
The sad thing is that federal prosecutors are among the worst offenders time and again. They have found they can get away with any kind of legally unethical behavior, as well as criminal behavior. Yet, why do they persist? They persist because they know they never will be punished for it.
In short, federal prosecutors are a law unto themselves. When ambitious and small-minded people — the very kind of people who gravitate to the position of U.S. attorney — find that they are not subject to any laws at all, then why are we surprised — and shocked — when we find out that they abuse their positions?
June 14th, 2009 at 12:45 pm
I agree Mr. Anderson.
So the best thing to do is to work to change the system. Complain, write, picket, run for office to spread the word. But be sure to continue to post here and send me articles that expose the federal criminals.
christopher@independentamerican.org
The Declaration of Independence says: “Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.”
The evils we now live with are still sufferable. I have won in court many times. If 10% of the population would fight back in court and run for office and defy unconstitutional laws and refuse to follow the religion of Marxism and fight the Federal government using the Religious Freedom Restoration Act to protect their God Given Rights and other protections we could take back America from the Marxists and Fascist.
The problem is SUVs and Big screen TVs are more important to most people than their liberty.
Bobby Kahre sued Greg Damm in a Biven action. Just think how we could restore constitutional government if we just followed the legal remedies available like Bobby Kahre did. but it takes the guts of a hero like Kahre to do it.
The Federal Government is currently looking to silence people that wrote to the LVRJ blog. I am one of those people. I contacted the ACLU to help me fight back. So should EVERYONE that wrote in. Freedom of speech and the press are at stake.
We do not need to throw off this government. It was God given. We need to fix it peacefully and by using the law itself against the criminals, like Damm, that now infest our government.
Always fight any traffic ticket. Always fight back in court against the government. Always run for office. Always write articles for Independent American News that exposes government corruption.
The freedom you save my be that of your children or grandchildren. So fight back peacefully by putting down the remote and stop voluntarily being a serf.