
Protest over Citizens United but applicable to other decisions as well from takomabibelot at flickr.com
A bitterly divided Supreme Court on Tuesday tossed out a jury verdict won by a New Orleans man who spent 14 years on death row and came within weeks of execution because prosecutors had hidden a blood test and other evidence that would have proven his innocence…
Justice Thomas described the case as a “single incident” in which mistakes were made. He said Thompson did not prove a pattern of similar violations that would justify holding the city’s government liable for the wrongdoing. Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Anthony M. Kennedy and Samuel A. Alito Jr. joined to form the majority.
However, Thompson’s lawyers showed that at least four prosecutors knew about the hidden blood test. They also showed evidence of other, similar cases in New Orleans in which key evidence was concealed from defense lawyers.
Prosecutors, like other government officials, have a degree of immunity under long-standing precedent when they are performing their legitimate duties as prosecutors. I’m trying to fathom what legitimate duty a prosecutor has in hiding blood tests to make sure an innocent man goes to jail, let alone gets executed.
But hey, 14 years out of your life and nearly being killed for a crime the prosecutor’s office knows you probably didn’t commit so it hides evidence?
No biggie to five of our callers of balls and strikes, all Republican appointees.
That’s Republican Justice. A license to future prosecutors to commit unfettered persecutions.



38 Comments












Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About Firedoglake
This is a tough one. Since the reasoning was the DA was off the hook because there was no patern of wrongdoing and Thomas basically found that what the DA did was not wrong because it supposedly only happened once, then the DA’s office can never be found guilty because if they did it 1000 times it would not be pattern of wrong doing because it is not wrong because each incidence is not in fact an incident. It’s enough to make your head explode.
In fact Louisiana has one of the highest rates of wrongful incarceration. This is one of the most bullshit supreme court rulings in a long time–and that’s saying something. I feel terrible for this man. What a disgrace.
The coathanger court rules in favor of injustice. No wonder Scalia rearended another driver in order to rush to injustice.
Morning all.
Seems like all hell has broken loose lately.
I’m shocked that the treasonous traitors kennedy, thomas and scalia are soooo lawless …. Not
Those punks will be infamous in history, along with the other two scum that overthrew the Constitution in 2000.
See thomas wrote the opinion but he has a conflict of interest because if Justice would prevail in his tax perjury he would argue that it was 20 incidences over 20 years so he isn’t morally bankrupt, as it seems.
4 other prosectors knew about the hidden blood test. That IS a pattern.
So what do you do when the Supreme Court makes a villian turn?
What are people expected to do next?
By the way, this is Cesar Chavez day, not much celebrated. Fortunately, when i worked for Sen Yarborough he went on the UFW march to Austin to demonstrate for decent working conditions, and signed a picture of it for me.
post on it here;
http://my.firedoglake.com/ruthcalvo/2011/03/31/cesar-chavez-day/
Good morning, pups. It’s Collins and Kristof today. In “Let There Be Light Bulbs” Ms. Collins says the little old light bulb has provoked some heated debate in Washington this year. Mr. Kristof, in “Democracy Is Messy,” says Egypt is messy, and Islamists are gaining ground. But keep your seat. Young democracies are always chaotic.
Here they are.
The coffee, tea and hot chocolate are ready, and I’ve got banana pancakes for breakfast. Well, it’s not raining yet… Yesterday it poured down buckets for the better part of the day, and it looks like were in for more rain today. It’s getting tiresome, particularly after the horrendous hail storm last weekend. Have a great day.
Thanks, Marion, anything worth having, even veggies, getting bashed by the teabaggage – and it’s tiresome. You can send some of that wetness here, tho, we’ve come close to setting records for driest March ever.
It is also a conspiracy, chargeable under RICO in all probability.
Well except for this this court and this administration and this country.
Hey, I had not realized that Yar. is part of your past….Interesting times, Id say.
Yep, first job after college. One of Texas’ finest. ever.
interesting how “the tea party” claims they hate government when they try forcing corporations and robber barons into paying their own bills but when it comes to willful incarceration and deliberate efforts to execute people they know are innocent, why then the government is just fine and dandy
interesting
Why they keep using those government roads and sewers, I just don’t understand.
Pigs is pigs.
First, this is sickening. The fact that this happened alone – that any prosecutors were willing to hide the evidence and let the guy be executed – should put an end to the death-penalty debate.
Second, I don’t get SCOTUS’s reasoning. Thomas is arguing that because “Thompson did not prove a pattern of similar violations” and that because key evidence was hidden only in the case of this one person who spent 14 years in prison and was nearly executed, it’s ok?
Besides, from what I’ve read about this case, a pattern was presented to the Court and the Justices apparently just ignored it (not that I see how it matters in the case of what was done to this person).
The next step is to go after the individuals themselves. Do the prosecutors get to do something so heinous and avoid culpability/liability? I think not.
and of course they love those government greenbacks, I wonder what they will think when the government allows the corps to more even more of their cancer and bronchitis into our kids air
oh, wait, they won’t be educated enough to even know it since they won’t be able to afford schools once those government schools are gone
it’s all about their priorities I suppose, their priority is allowing corps to use us up without any compensation and what’s wrong with a little de-populating?…we have far too many people living on the planet, especially since we want to allow corporations to use the planet up
it’s priorities
Air and water belong to the corporate welfare queens, so forget them.
Justice Thomas, in his autobiographical works, demonstrates more self-loathing than his critics could surpass with their disgust at the injustices he enables. He is getting back at himself; everyone else is collateral damage.
In a lifetime of effort not to be who he is, he has tried to distance himself from any semblance of the common man, let alone a kinship with the downtrodden, the wronged, the weak. He has succeeded.
Think again, they just walked scott free.
Recusal from any basic human decency.
Prosecutors are not immune from their intentional misconduct: it can send them to jail or the poorhouse, or take their bar licenses.
In an effort to blindly support those in power when in conflict with those without, Justice Thomas and his colleagues exorcise that potential misconduct away. All misconduct is accidental, not wrongful or malicious; it should not be punished. It certainly shouldn’t be the cause for compensation or apology. That monotonous chant is echoed in the boardroom, by the physician’s insurer, sometimes by the neighbor next door (when it’s Karl Rove), and always by the White House.
The only thing he would recuse himself from.
Prosecutors, like other government officials, have a degree of immunity under long-standing precedent when they are performing their legitimate duties as prosecutors
Another reason why Government should NEVER be allowed to run our health care system..
I’m just wondering if the wrongfully incarcerated man is black. Not that it matters in the depravity of the injustice, but it would likely influence the S.C. decision.
Could you please explain the connection.
The “conservative” judges did this because they harbor a deep hatred and contempt for powerless people. Yes, I know how crazy that sounds, but it is my conclusion after many years of observation.
Yes, he’s black.
Only someone who is paid not to understand the facts in front of his or her face could so consistently fail to understand the facts right in front of your face.
You wrote:
What part of legitimate duties do you not understand? Do you not know what legitimate means?
Forget the paid troll. He’s the bargain basement variety.
During a teacher/union bashing show on Oprah, she made a comment about teachers having job security (in their union contracts) and I’m paraphrasing here, “who has a quaranteed lifetime job?”. My immediate thought was the Supreme Court. Now their are so many crazy’s in Gov that we need a way to test them for drugs and mental illness.
Those prosecutors should be prosecuted and jailed.
There should be time limits on how long Judges, Supreme Court judges, etc serve.
Yes, there’s a difference between Democratic and Republican appointees. On the other hand, it would be nice if Democrats stopped voting for appointees like Scalia and Roberts.
Oprah said what?!? I knew she was the first cheerleader in chief for Obama and as a result bears a lot of responsibility for the mess this country is in, but she went public on teacher bashing? Not that I paid much attention to her before, but this makes her dead to me forever.
That’s the real problem, isn’t it? Senate Dems have more in common with Repubs than they do with us, and accept at face value the Repub nominees’ guarantees that they will decide with restraint and on the merits of the case. Which as we know is bullshit. Then again, the most progressive justices on the court were last appointed by Clinton. The jury is still out on Obama’s picks -and I trust Kagan very little.
makes me wonder if there were any prior offenses in Thompson’s past. Legally, that should have absolutely no bearing on the case, but the Reichwingers will make the argument if he was a habitual criminal (and because he’s black that’s their default assumption anyway) that he got the death sentence for a crime he never got convicted on, but which he should have been found guilty. Which is absolute bullshit, but that’s how they rationalize an innocent man being sent to death row…
(edited for really poor wording above =)
It’s a well known fact that prosecutors use the DP as a tool for their own career advancement. When they elect to go for the DP they know they will attract a conservative jury. Conservative juries are much more likely to convict. Prosecuting attorneys are often political career climbers with great ambition for themselves. They have to build a portfolio of succesful convictions to be a contender for political office. So to them it only matters that they win, not that justice was served.