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August 23, 2007

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» "Bad Prosecutors" blog names worst of 2007 from Trial and Error
On the list is the recently disbarred Mike Nifong, U.S. Attorney General Alberto Gonzales and Charles Foti (who attempted to prosecute Dr. Anna M. Pou, a doctor in New Orleans accused of euthanizing patients left behind in Katrina's wake; a... [Read More]

» I hereby link to the “Bad Prosecutor Award.” from Appellate Law
It’s a good read, because there are a lot of corrupt, stupid, and megomanical prosecutors out there that hardly get unsung national attention. They are the unsung heros of incompetence and oppression. This award is a chance to reward them [Read More]

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Comments

Barbara

To see this list is wonderful and to see Bill Peterson on it makes it even more wonderful. We need to let people know and a list like this makes it easy to read and understand. I started my blog "Barbara's Journey Toward Justice" after I read Dennis Fritz's book "Journey Toward Justice" Dennis Fritz is the other innocent man in John Grisham's book, "The Innocent Man".I am sure you heard about each case. Bill Peterson was the DA. I will link to you with a story from my blog about your post and website.. I will also bookmark you.

Mooser

I've been wondering about this. When I saw the calibre of the prosecuters who were fired or on the way out, had to ask "What kind of prosecuter do they like?"
Is this post the answer?

Incertus (Brian)

Dishonorable mention needs to go to District Attorney Reed Walters of Jena, LA. Of course, that prosecution hasn't been completed yet, so it's entirely possible he'll make next year's list.

senior

Foti is bad; awful, even. However, DA Eddie Jordan is even worse. It's impossible to find justice in this town with the evil trifecta of Nagin, Riley, and Jordan leading the charge. And then when shit goes down, we have to appeal to the State AG... Foti. It's awful.

floridasally

Leura Canary surely deserves honorable mention for her prosecution of the governor of Alabama at the behest of Karl Rove. Don't know how to post a link, but the stories are easy to find via Google.

Gritsforbreakfast

Friends, I wish I had found your blog before now, or I would certainly have had more Texas prosecutors to nominate for the honor.

Only 4 of the top ten from Texas? You may even receive censure from the DA's Association for that sleight since they take great pride in behavior such as you describe. Surely it was an oversight not to include people like Bexar DA Susan Reed, Williamson DA John Bradley, or Harris County DA Chuck Rosenthal. How about Rick Roach, for heavens sake, a hang em high Panhandle DA busted for an intense, long-term meth addiction? I could go on.

In fact, except for Nifong, who's a no-brainer, I think otherwise we could have had a Texas sweep. Next year I'll watch closely and earlier for your call for nominations. ;) best,

Actually, a Disgusted Prosecutor

How about Ron Howen? Did you miss the murder of Sammy and Vicki Weaver at Ruby Ridge, and the U.S. Attorney's efforts to cover it up and frame innocent men? To deliberately withhold exculpatory discovery? To lie in pleading after pleading? The guy dug a hole so deep and knew it that he not only lost the trial (think about what that means, when you take into consideration the power of the DOJ), he couldn't even complete it.

Gone from Lake County.....

Please check this story out. This is an ongoing case in Lake County, California. Shame on the DA!!!!
http://abclocal.go.com/kgo/story?section=i_team&id=5569012

The Vast Majority Of Us Are Good

These idiots do create such a burden on us to make sure we always stay out of even the gray areas.

Anyone know if someone gives out awards to the 10 Worst Defense Attorneys. Or, would that pool be too hard from which to pick winners?

Thomas Torlincasi

Anyone that needs more examples of Charles Sebesta's history of Prosecutorial misconduct is welcome to contact me. I was the last person prosecuted at trial by this guy, and he lied, cheated and witheld evidence before trial, at trial and afterwards. He orchestrated transcript changes, and withheld exculpatory evidence, persons subpoenaed including the then sheriff no-showed with no CONSEQUENCE. The dispute was not even part of his jurisdiction, nor was the alleged victim from that Jurisdiction. Neither was I of course... I never personally received any money from the contract dispute, but I did get 10 years and fines. In fact I spent 109 days in Burleson county jail right next to Anthony Graves who awaits trial from this #1 worse prosecutor. There are so many examples of wrong doing its nuts....

My wife and I lost everything, Millions of dollars were at stake, and we even lost two babies during this period. Employess lost jobs, investors lost their holdings....locals lost Tax revenues....etc etc.

Concerned RI Resident

I have information on a federal prosecutor who I would nominate to be on the list for 2007. He is NOAA proecutor Charles Juliand. Mr. Juliand issued Gregory Duckworth of RI a $910,000.00 fishing fine for fishing with a suspended permit. This was dspite the fact his vessel had VMS and never left the dock. The only time Mr. Duckworths vessel left the dock was when Mr. Juliand gave him permisson to do so. Juliand then issued the $910,000.00 fine for fishing with a suspended permit. This was $130,000.00 per day for seven days. The boat was tied to the dock for the frst five days and was given permision to be used by him for the last two. Go figure.... ignoring all evdence of innocence

He should be added to the list

To te previos post.... Sounds like this guy Julind definately belongs on the top 10 list for corrupt prosecutors.

curious

I just read (2) letter to the editor in the November 2007 issue of Commercial Fisheies News. Both letters dealt with the NMFS and their "witch hunts" to convict innocent fishermen. One involved the Glouester Fish Aucion and the other was about a RI fisherman given a 1 million fine. Apparently he is suing for 25 million. I just wonder if Charles Juliand is the prosecuor in these two cases? It sounds like his MO.

Debra

I'd like to nominate Robert Ahsens of Missouri in the above case. Thanks primarily to his actions, an Innocent man has undergone five trials - up before the MO Supreme Court right now,SC 87859.

Debra

The Missouri case concerning Robert Ahsens. Robert Ahsens was the original prosecutor on the Walter Barton case. Walter Barton was charged with the murder of Gladys Kuehler, 81. Ms Kuehler was stabbed, beaten, and sexually assaulted.

The evidence against Walter Barton is a few spots of blood on his clothing, a cheque that the victim wrote for him that day, and a telephone call that he took in the trailer. Jailhouse witnesses, it goes without saying. The testimony of an expert witness, who was not an expert witness. So far, this case has had five trials, three judges, two prosecutors, both of whom committed the same misconduct.

The evidence – Walter Barton was collected by the victim’s granddaughter, Debra Selvidge, to help her gain entrance to the victim’s trailer when she was receiving no answer from her grandmother, when she called her on the phone. Walter Barton was with Debra Selvidge when they did eventually gain entry and found the victim’s body in the bedroom. He pulled her back when she went to touch the body, and they slipped. Walter told the Sheriff, Jack Merrit, that he slipped, and he guessed that’s how he got the small amount of blood on him. Debra Selvidge testified twice, and demonstrated on one occasion to the police, exactly how they’d fallen. She later retracted that statement, said that she had been confused.

Debra Selvidge gave a motive as robbery, alleging that the proceeds from a car sale were missing. However, the victim’s checkbook, jewellery and purse (with money inside) were all still by the victim’s bedside, where she was found. Whether the sale money existed, has never been proven. The checkbook contained a check made out to Walter Barton for that day, but Mr Barton states that he never saw the check, and never received it. He had asked Ms Kuehler for a loan so that he could buy some gas for his car, which was stranded three miles away. He had a paycheck coming, but needed to pick up his car to collect it. Ms Kuehler had several visitors that day, and told Mr Barton that was fine, but could he come back later to pick the check up as she was tired, not feeling too well, and going down for a nap. In the event, other friends took Mr Barton up to his place of work to collect his paycheck, and believe that he was still wearing the same clothing that they’d seen him wearing earlier that day. Mr Barton was sleeping in his car at the time, and all his possessions were in the car, three miles away. The check was found three days after the crime, and there are no usable prints to confirm that Mr Barton ever had possession of the check. The check was found in good condition only 1 and ½ blocks away from the trailer, despite 21mph winds the previous day, and when Mr Barton was already in custody.

Mr Barton freely said that he had taken a call in the victim’s trailer at 3.15pm. He was just leaving and Ms Kuehler had gone to the bathroom when the phone rang. He took a message, and left. The caller, Bill Pickering, states that he could hear no undue stress of any kind in Mr Barton’s voice, the call was normal. Ms Selvidge originally testified that she had spoken to her grandmother for twenty five minutes after 3.00pm, confirming Mr Barton’s alibi of leaving at 3.15pm. She later retracted this statement, changing the version of events to her making two calls,and receiving no reply on the second call.


Evidence – there is no DNA evidence to connect Walter Barton to the crime, even with the sexual assault. There was penetration, but they couldn’t confirm that she had been penetrated with a penis. There was DNA available – a hair found on the victim’s stomach, and blood cell debris from when the victim fought back. The hair is neither Ms Kuehler’s, or Mr Barton’s. The blood cell debris is consistent with Ms Kuehler, but it has not been stated that it’s an exact match. The expert witness, William Newhouse testified that he had appeared in other blood spatter cases, and this was found to be untrue. The Barton case is the only blood spatter case in which Mr Newhouse has testified, his speciality being Firearms and Tool Marks. He performed no testing, no re-enactment, and could provide no scientific thesis for his conclusions. He specified that these were High Impact blood spatter spots, only to be found from being the perpetrator and standing close enough when the weapon penetrated. (Incidentally, High Impact is Machinery and gunfire impact speeds, not knife penetration.) Mr Newhouse has previously been referred to as no more than a ‘paid gun’ by one judge on a prevous case in which he testified.

Walter Barton has now undergone five trials. The first trial was a mistrial, the second a Hung Jury. The fifth trial in March 2006, was also requested for mistrial because of the testimony of Jack Merritt – testimony, incidentally, of which has been warned about on a previous occasion. During these trials, Mr Ahsens repeatedly used Jailhouse witnesses, only one of which, remains. False motives have been leaked to the media prior to the trials, to supply a motive for Walter Barton having committed this murder, all of which have been proved unfounded and fabricated. The murder weapons have never been found, and the State have not even attempted to explain how their defendant could commit a bloody and heinous murder and then remove the weapons sight unseen in an inhabited and relatively busy trailer park – with no access to his car, or change of clothes available.

The remaining Jailhouse Witness, Kathy Allen. Evidence was withheld from the defence on the true criminal history of Ms Allen, and the fact that a deal was made with a judge in another County on which she was due to appear for more charges. The charges were dropped in exchange for her testimony, and the Trial Judge also wrote to the same court commending Ms Allen for testifying against the defendant on the case over which he was presiding. Nevertheless, Ms Allen was used again in March 2006 by the ‘new’ prosecutor, Ron Cleek, and this time she received new clothes in exchange for her testimony.

After the trial in March of last year, Mr Barton’s wife and friends raised a petition online to highlight the anomalies that were apparent to them, but seemingly not to the State. Shortly after its creation, it was viciously attacked by someone we deemed a ‘troll’ who felt strongly about this case. It became excessive, extremely personal, and this person went on to attack any person they could find who’d recently signed the petition. It appeared that they did not welcome the facts highlighted on the petition, and wanted it removed, failing that, to discredit anyone associated with the case who stood in support of Walter Barton. The attacks were persistent, with several a day – the one day with relief being 9th May, 2006, when this person seemed to be offline.

It may be of no relevance, but this person while in a fit of pique on May 29th 2006, decided to disclose evidence to prove their claims that the petition had no right to be raised. One cane was found at the murder scene on the bed and a previous defence team had been adamant that this was the beating weapon involved, but it had never been tested. The ‘troll’ revealed that the victim did have two canes – as she was 81, 240lbs with a degenerating disc, this sounds highly probable.

Walter Barton is innocent and Robert Ahsens has a lot to answer for – sadly, he probably never will.

RI Resident

You should publish a list of worse Judges. The number (1) and (2) positions would be shared by Coast Guard CALJ Ingolia and ALJ Waler Brudzinski. The judges were were appaently involved with "predetermined veditcs of guilt" in many cases. This is an intriguing account of corruption. It is a "kick to the nuts to the entire judical system,a kick in the nuts to the US Constitution and a kick to the nuts to every American." This scadall was exposed with the sworn testiomony of ALJ Jeffie Massey. You can read about it in "Justice Capsized" and "Maritime Judiciay Under Fire" from the Baltimore Sun (on the internet). Further info can be found in the Gulf Coast Mariners Association. Ingolia and Budzinski have been named in lawsuiuts totaling millions of dollars. The most amazing thing is these two individuals are still in their current positions and invoved in adjudicating current cases. Congress has vowed to remove the AJs from control of the Coast Guard and place them in an independent agency within 1 year of July 31, 2007. (No time like the present to protect innocent victims.) The US Department of Justice tried to get the lawsuits dismissed on the grouds of judicial immunity. The motion was denied and the lawsuits are progressing forward. (Nice try US Dept. of Justice,,,, next time why not worry about the victims who were denied a fair trial insted of covering up these crimes by attempting to proect the judges.

Coconspirator

To the 10/2/2007 post.I believe NOAA prosecutor Charles Juiand to be a coconspiator in tampering with the judicial system. He had an active role in utilizing Coast Guard ALJs involved with corruption to achieve victory in his cases. At least some of his cases were heard by ALJ Walter J Brudziski. This name should sound familiar to everyone. Brudzinki is the ALJ who allegedly gave Christoper Dresser a predetermined verict of guilt before any evidence was put on the tabel. He further told ALJ Massey that he believed the evidence showed Dreser innocent but could not rule that way for fear of losing his job. This is supported by the sworn tesimony of ALJ Jeffie Massey. This fact would make Mr. Juliand a coconspirator to illegal judcial process. (nice) Christopher Dresser is suing for 21 million in LA District Court. Good luck Mr. Dresser

Comercial Fisherman

Congressman Elijah Cummings has vowed to dismantle the Coast Guard ALJ Judicial system because of violations of federal judicial laws, predetermined verdicts of guilt and truncation of the discovery and due process laws. NMFS and NOAA were coconspirators in this "obstruction of justice scandal. The use of a corrupt judicial system to exert pressure to have a respondent sign a "plea agreement" is nothing short of "EXTORTION". Good Ridence to this corrupt system. God Bless ALJ Jeffie Massey and Conressman Elijah Cummings. There are 3 things left to do after this corrupt system is dismantled.
(1)hold those who particpated in corruption responsible for their actions (2) remedy the harm inflicted on the inocent victims(3)make sure the new judicial system has built in safe guards to prevent it from the same fate of the current system. All that is needed for corupton to flourish is for honest men to do nothing. Thank God Congressman Elijah Cummings is an honest man of action who would not tolerate such activity.

Robert Thomas

This is about corruption. Judge Abel Limas of the 404th District Court has put me in jail for 4 months for not signing consent on my daughters passport application. The same judge has given 60 days freedom for a convicted murderer and the covict escaped. I strongley believe that the Judge is getting bribes, but no one is investigating him because of his political connection. Now he is running for election again. If he is elected it will be disgrace to the judicial system and we need to stop this from happening. You can also get more information from my website, justiceisblind.info. Please let me know whether you can help in any way.
Thanking you
Robert Thomas
956-639-5791

Sandi Aders

The Prosector, Bill Douglas in Couer d'Alene, Idaho has been apathetic towards victims in this region for years. He has been in office too long, 18 years.

The Kootenai County Sheriff's refuse to file complaints with the prosecutors office because the officers know the prosecutor won't prosecute offenders. Everyone begins to give up and crime begins to pays. The criminals know this.

My neighbor shot into our living room window, while my husband and I were eating dinner. The bullet passed right between us and hit the back door. Another bullet struck the house and was lodge into a stud.

5 witnesses heard Ed Applegate yell for my husband and shoot. He was charged with 2 felony counts. Within a few days the charges were dropped to disturbing the peace. It is probable my husband I will harmed. Applegate had made threats to blow our heads off several times.

The 2nd prosecutor assigned to the case was told by the Judge that she was placed in a very aggresses situation here. That the prosecutor needed to go back and rework and continue to investigate the case and re-file the felony charges. That going from 2 felonies to 1 misdmeanor was beyond comprehension.

Bill Douglas' office works only sex crimes. This guy has serious personal sexual issues. His office is morally corrupt. If you investigate him and his former lead prosecutor Rick Baughman you will begin to understand what his priorities are confined to.

Please help our community and deliver a new candidate for this office that will protect the people.

Thank you

Steve L Gilmore

Candidates for next years list are in the attached blog, prosecutor Gary Smith and circuit court judge Jon Webster:
http://boards.insessiontrials.com/showthead.php?s=&threadid=312644&pagenumber=1

Adam Poole

I've just got to address this one nasty myth that perpetuates among people who don't fact check. You said...

The former District Attorney of Dallas was allegedly proud of saying that any prosecutor could convict a guilty man, but that it took a real pro to convict an innocent man.

The actual quote is, Prosecutors in Dallas have said for years - any prosecutor can convict a guilty man. It takes a great prosecutor to convict an innocent man.

More importantly, it is a line from a MOVIE! http://www.imdb.com/title/tt0096257/quotes

There is zero evidence that anyone in that DA's office ever made that statement. The movie is based on a real case out of Dallas but the dialogue is clearly fictional.

David Morrison

God bless you for the good work you have done here. The world may have no shortage of ambitious, self-righteous hypocrites, but few have the gall to embody the Law itself. This grateful citizen here says "Thank you!"

Merideth Maurer

I stumbled across your website and just felt the need to tell you a story about one prosecutor that has ruined many lives here in Illinois. In the midst of our Govenor being arrested for charges so unthinkable, and the FBI wanting to look into Illinois' corruption further, I seen a glimpse of hope for one individual.

Back in 2003 Nicole Perry-Owens sat by her husband's side as assistant states attorney, Troy Owens being the states attorney. Nicole was running for states attorney and needed to find a way to look good to the public. Numerous cases of falsely accused citizens, missing evidence in cases, strong arming the jury are just a few of the occurances that were popping up in Boone County and later McHenry County. Most would be convicted and later be set free after their appeal.

One case in Boone County hit somewhat close to home. In 2003, a family friend's son was charged with 4 counts ranging from sexual assualt with and without a weapon. Christopher Njos, only 16 at the time, wasnt even given his Miranda rights. The whole trial was nothing but really good acting, lies, and keeping the defense from saying much to anything at all. No DNA evidence was used, no fingerprints taken, and although 3 rape tests were done....the first 2 came back negative and the 3rd wasnt done till 6 months later and was found to have semen...but whose semen was it? Troy Owens was seen going into the room where the jury was congregating at....that is illegal! I was threatened with a class 2 Felony by a Boone County police officer because I put the words "We will fight for a fair trial for Christopher Njos" on my vehicle's window before coming to the trial once. I just wanted someone to hear his family's side. I did know the victim and her family too and had to walk out of the court room on more than one occassion because I couldnt believe what I was hearing. Anytime anyone on Chris' defense took the stand, they were shut down right away. Cops lied for Nicole Owens. Christopher was sentenced to 58 years in prison on charges never proven in court. The family did not find out till after Chris was in prison, that his lawyer started his appeal but never finished. Everyone thinks DiCaprio, amongst others were involved in Owens' political scam to get elected as States Attorney. At the same time, the family found out that DiCaprio wasnt even a criminal defense attorney....he merely did wills and testaments. Later DiCaprio was disbarred for a different case, and a year or two later, passed away of cancer.

Nichole Owens did not get States Attorney, and very soon after both her and her husband took off to McHenry County and have been doing more wrong doings there. Why Troy left too boggles me, he had the job already....

My concern here is that we have tried to hire numerous lawyers to help us get Chris his appeal and everytime we get our hopes up...they get let down again.

Chris is 6 hours away from his mom and has sent out requests for transfers many times, all to be turned down. His mom was recently in a car accident, crushing her right foot. She has absolutely no way to even visit him now, if ever. Still the transfers get rejected. Troy Owens had Chris red-flagged causing nothing more than pouring salt into open wounds, only to cover their tracks of corruption.

Dan Cane, a well known attorney in our area offered to do his case pro bono, only to later say there was nothing he could do. Chris cant even get his transcripts. Im not sure if there is anything we can do to get his legal right to his appeal...but I wont stop trying!

If you google Nichole Owens corruption, you will find multiple cases similar to Christopher's. Most are already out of prison, and some took the plea bargain, just so they could go home again. Living life with a record, is better than no life in prison, right?

Any kind of legal advice in this situation would be greatly appreciated. My hopes right now is that Nicole gets charged for all her illeagal activities in the court room....and maybe, just maybe then we could have that opening to get Chris his right to that appeal.

Thank you for your time!

Merideth Maurer

Political Handicapper

Yeah it's a good thing you waited after the election. How could anyone say your list is political?

I'm guessing ommitting Democrat Paul Howard was an oversight?

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