State bar suspends prosecutor in handling of Tucson murder case
The State Bar found Wintory committed wrongdoing by repeatedly communicating by phone with a confidential intermediary who had been appointed to assist the defense in uncovering mitigation evidence as part of the death-penalty case.
It also found that Wintory did not inform the court, his co-counsel or his supervisors of the extent of his conversations with the confidential intermediary.
If a 90-day unpaid vacation is the Bar punishment for prosecutorial misconduct in an Arizona death penalty case, it follows that no punishment at all is meted out for prosecutorial misconduct in a non-death penalty case.
Prosecutorial misconduct is often habitual. Perhaps even almost always habitual.
We don’t change the content of our characters as often as we do our socks.
It would likely take more than 90 days to review each case that Richard Wintory was involved in, but Pima County Attorney Barbara LaWall should order those reviews, and be prepared to fire Wintory and ask the Bar for permanent disbarment should so much as one more incident see Sunshine.
LaWall knows that the decided law in Brown v Board of Education is that anything separate is inherently unequal, and therefore unconstitutional, and that it’s only a matter of time before Americans get just as angry – and organized – over separate but equal justice as they did separate but equal facilities.
The days are numbered for lawbreaking prosecutors and their supervisors – worse case – facing oh-so-gentle wrist slaps for offenses that land others in federal penitentiaries.
Congress already has numerous reasons to impeach the majority of U.S. Supreme Court Justices. Their decision to preserve separate but equal justice in 2011 in Connick v Thompson is but one more check mark in the “just do it” column.