Can you Sue Investigators?

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Hi everyone.

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Today we’re

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going to talk about the top

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four ways prosecutors abuse their power.

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This is Christina Williams

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with Just Criminal Law.

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And David Mann legal

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storytelling specialist.

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Okay.

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So four ways

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using you

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and I talked

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earlier about, ways

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that prosecutors often abuse their power.

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And people may not remember,

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you used to be a prosecutor yourself.

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So you really know from up close, like,

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what they’re supposed to do.

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And we identified four main areas

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where they don’t do

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the job they are supposed to be doing.

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So the first one was

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they may overcharge

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or inflate the charges.

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So what does that look like?

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Right?

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I mean, we see that.

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Happen all the time and it’s so.

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Frustrating.

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A very.

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Common example. Of.

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When this happens. Is say that.

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There is an allegation or someone’s.

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Accused. Of a domestic. Assault.

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And, the alleged victim is saying.

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That she was grabbed by the.

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Arm and, and the throat and that,

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That her

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boyfriend was threatening

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to push her out of the car.

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While it was going down the the.

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Road.

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And so instead. Of this just.

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Being, you know,

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the incident, well, you know.

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He grabbed her by the throat.

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The prosecutor will. Break it down into.

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He grabbed her by the arm.

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So that’s. One. Charge.

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And he grabbed. Her by the throat.

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So that’s two charge it, two charges.

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And allegedly

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he tried to push her out of the car.

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While it was going down the. Road.

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That’s a third charge.

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And so, you know, the.

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Person’s looking at with this.

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Instead of potentially one.

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Charge with the alleged.

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Grabbing, Her by the throat.

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And impeding her breath.

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They’ve now turned it

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into three different charges

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and two felonies, one misdemeanor.

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And so they really just parse out

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every little. Allegation and.

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Turn it into a charge so.

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That, you know, the person is.

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Is. Facing, you know.

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These multiple decades in jail versus.

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You know. The. Potential. Of of.

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Ten years in jail.

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And so it really is used as a tactic to.

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Try to intimidate. The.

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Defendant into taking a plea.

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Deal, because there’s this.

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Looming sentence. That’s just.

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That seems insurmountable ahead of them.

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All right.

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So it sounds like

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there are many occasions

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where they’re

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they’re adding charges

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and then adding potential jail time.

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So another one that you mentioned

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is that prosecutors are,

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bringing a case

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with insufficient evidence.

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And what does that look like? Sure.

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They bring cases where there’s.

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Insufficient evidence or.

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They haven’t reviewed the actual.

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Evidence.

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And I. Have.

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An example of a.

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Case that you actually. Helped me on.

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When we were preparing for. Trial.

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And that’s where my client was,

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in a relationship.

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It was a.

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Dysfunctional relationship, and.

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He was sober and the, alleged victim.

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Was. A very bad alcoholic.

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And they would get into these arguments

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and law enforcement would often.

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Get called to the. Apartment.

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And, in the.

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Particular case that he asked me to help.

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Him on.

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He was charged with a.

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Strangulation that is a felony.

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Charge.

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And it was based on just.

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An investigation that had gone wrong.

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Essentially,

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the rookie officer was allowed to decide

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what charges to take to the prosecutor,

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and he had two.

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Supervising officers.

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Who were. There.

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And, you know, by reviewing the evidence.

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I could see that the

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the first supervising officer suggested

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that the parties just go

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their separate ways because he.

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Didn’t think there was enough evidence

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of any. Sort of assault.

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And the second.

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Supervising officer.

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She believed that. You know, there might.

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Be at.

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Least a misdemeanor.

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Battery because, The alleged victim said.

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That he pushed. Her into the.

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Couch.

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While they were playing cards.

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And the rookie investigator was asked to.

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You know, what.

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Would you charge this. Person with?

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And he

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he kept

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talking to the alleged victim,

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kept trying to sort out.

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You know, whether or not the my client.

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Had grabbed her.

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By the neck had, you know, impeded.

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Her breathing

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and essentially asked these leading.

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Questions. To this.

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Woman who was intoxicated.

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And. Very mad and got.

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Her to say yes.

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He grabbed me by the throat.

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And I could not. Breathe.

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That was not what.

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You know, her testimony or her statement.

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Would have said if

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he hadn’t asked those follow up.

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Questions.

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She was just saying that.

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He penned her to the couch.

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And, my client was saying.

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She she.

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Was on top of me and grabbing my phone

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and throwing it, and I.

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Pushed her away.

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You know, she was intoxicated,

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and I couldn’t get her to listen to me.

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And I just.

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Pushed her. Away and told her to

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to calm down. And,

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So the the rookie decided to.

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Arrest him for a strangulation.

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Now, the officers.

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You know.

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Didn’t talk to the prosecutor

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about what they thought the the.

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Senior officer.

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Officers didn’t talk to the prosecutor.

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You know,

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when the charges were made about.

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What they thought.

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Should happen.

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They let the rookie go to the prosecutor

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and the prosecutor.

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You know, didn’t review. The.

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Evidence, didn’t

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watch the body camera, didn’t.

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See how the. Investigation unfolded.

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And just listen to the rookie officer.

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Now.

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What the other officers knew

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was that just.

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About a month and a half.

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Before this alleged.

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Incident, the same victim.

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Was overheard

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because officers were called to the.

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Apartment and.

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They could hear. What was going on.

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And the alleged victim was.

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Overheard.

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Saying,

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I’m going to tell them

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that you pushed me to the ground.

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You grabbed me by the throat

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and pushed me to the ground. And,

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my client is heard saying, but.

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I didn’t do that.

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And she was. Then heard saying, well.

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Good luck. Proving that.

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And so,

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You know, we had to

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we had to ask for all the prior.

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Contacts.

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All the prior. Reports and,

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you know, unravel this and.

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And let the prosecutor.

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Know that.

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This alleged victim had.

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Almost.

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Falsely reported or had actually falsely,

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falsely reported.

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Similar conduct.

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Just six weeks before. But.

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You know, at that point in time,

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my client had been in jail

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for four months. Before.

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I could get the.

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Prosecutor to look at it.

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He had lost his job.

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You know, he. Was.

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Obviously in a position where he had.

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To hire.

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An attorney on a felony.

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Charge instead of.

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You know.

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Perhaps just. A misdemeanor. Charge.

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And if.

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You know.

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The prosecutor had looked at it closely,

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he probably would have told

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the rookie officer. You know.

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This case has serious. Problems.

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She falsely reported

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this exact same thing.

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You know, several weeks before.

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And we don’t have the evidence.

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The physical. Evidence.

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To corroborate her story here.

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We, in fact,

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have you asking her if she was.

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Unable. To breathe. And.

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You asking her

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if he grabbed her by the throat.

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So, you know.

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He that rookie cop actually.

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Tainted the investigation and had.

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The prosecutor. Taken the time to.

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Look at it, we would have.

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Saved a bunch of time, money.

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Effort. And, you know.

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This this.

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Defendant was just a victim.

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Of a prosecutor.

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Not doing his job or not exercising.

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His power. Responsibly.

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Yeah, I remember that one.

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And that really

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that really is a great example

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of that insufficient evidence

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and and not reviewing the evidence

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that’s there.

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So a fourth

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one would be ignoring

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police misconduct relationships.

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Maybe the police have with the witnesses

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that they’re not disclosing.

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Well, yeah, there’s all sorts of.

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Police misconduct.

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That the prosecutor

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sometimes just hopes that the.

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Defense attorney doesn’t get wind of.

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And you know, that’s not.

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That’s they have this great power.

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And with this great power

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they have to be transparent.

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You know, it may.

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Ruin their case.

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It may compromise the outcome.

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But they. Can’t hide the ball.

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From the defense attorney or the.

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Defendant.

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That’s just the power.

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The incongruence of power

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is just too great

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that they have to be transparent.

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And I have an example.

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Where we had a married couple who was.

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On and off again and.

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They were looking to get a divorce.

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And,

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The wife called the police.

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And. Said.

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That my client did something

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to injure her. And,

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my client, you know.

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Said that they were just playing.

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Around that, you know.

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They were flirting with each other.

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That what he did.

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You know, he did not intend to do.

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And,

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The police.

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You know, when it comes down to it.

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And we’ve talked about this before,

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a lot of times they’re going to.

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Believe the female over the male in this.

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Type of. Situation.

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There is no.

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Physical evidence to support. Her claim.

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She had a lot of motive to make it up.

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You know, they. Were.

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Having marital problems

00:10:01:28 – 00:10:04:28
and, you know, she was,

00:10:06:00 – 00:10:06:21
getting ready to.

00:10:06:21 – 00:10:07:19
Fight for the kids,

00:10:07:19 – 00:10:09:01
but they were going back and forth.

00:10:09:01 – 00:10:10:02
With whether or not

00:10:10:02 – 00:10:11:16
they were going to stay. Together.

00:10:11:16 – 00:10:13:06
Well,

00:10:13:06 – 00:10:15:05
after the initial call,

00:10:15:05 – 00:10:16:07
the investigating.

00:10:16:07 – 00:10:18:07
Officer maintains contact.

00:10:18:07 – 00:10:19:11
With the alleged.

00:10:19:11 – 00:10:21:14
Victim, the wife of my client,

00:10:21:14 – 00:10:22:29
and actually starts having an.

00:10:22:29 – 00:10:24:12
Affair with her.

00:10:24:12 – 00:10:27:23
So, you know, as the case is,

00:10:29:03 – 00:10:31:23
is unfolding, the.

00:10:31:23 – 00:10:32:13
Prosecutor.

00:10:32:13 – 00:10:34:05
Learns about this, and I.

00:10:34:05 – 00:10:35:05
Actually confront

00:10:35:05 – 00:10:36:27
the prosecutor da with it.

00:10:36:27 – 00:10:38:00
And, you know.

00:10:38:00 – 00:10:39:28
The prosecutor’s. Response to me.

00:10:39:28 – 00:10:41:28
Was, well, I don’t think that’s relevant.

00:10:41:28 – 00:10:42:18
I don’t

00:10:42:18 – 00:10:44:24
I don’t think that that plays into

00:10:44:24 – 00:10:46:09
what happened on the evening

00:10:46:09 – 00:10:48:06
of the alleged incident.

00:10:48:06 – 00:10:50:12
But it really is. Something that.

00:10:50:12 – 00:10:52:00
I should be able to.

00:10:52:00 – 00:10:54:26
Cross-examine the officer on the stand.

00:10:54:26 – 00:10:56:15
If he’s testifying.

00:10:56:15 – 00:10:59:09
And then has, you know, there’s.

00:10:59:09 – 00:11:00:22
This

00:11:00:22 – 00:11:02:28
additional layer of complexity that.

00:11:02:28 – 00:11:05:05
Is now he’s, romantically.

00:11:05:05 – 00:11:07:00
Involved with the alleged.

00:11:07:00 – 00:11:09:06
Victim and that really, you know.

00:11:09:06 – 00:11:11:17
That really calls into. Question.

00:11:11:17 – 00:11:13:22
The credibility of his. Testimony.

00:11:13:22 – 00:11:14:21
But the prosecutor

00:11:14:21 – 00:11:15:27
didn’t think that they needed to.

00:11:15:27 – 00:11:16:22
Tell me that.

00:11:16:22 – 00:11:19:22
And so even when I called him out on it,

00:11:19:24 – 00:11:21:11
so, you know, it.

00:11:21:11 – 00:11:22:28
It really is.

00:11:22:28 – 00:11:25:24
Sometimes, Their perspective.

00:11:25:24 – 00:11:26:03
On their.

00:11:26:03 – 00:11:27:20
Responsibility versus.

00:11:27:20 – 00:11:30:08
My perspective on their responsibility.

00:11:30:08 – 00:11:30:24
And,

00:11:31:23 – 00:11:33:12
It requires that that.

00:11:33:12 – 00:11:34:10
Experience and that.

00:11:34:10 – 00:11:35:14
Expertise to be able

00:11:35:14 – 00:11:37:24
to confront the prosecutor.

00:11:37:24 – 00:11:39:23
And then use. That.

00:11:39:23 – 00:11:42:09
To your client’s advantage.

00:11:42:09 – 00:11:42:19
Yeah.

00:11:42:19 – 00:11:44:06
So that’s ignoring

00:11:44:06 – 00:11:46:14
what a, police officer actually did.

00:11:46:14 – 00:11:47:07
There’s another

00:11:47:07 – 00:11:50:12
whole, way that the prosecutors don’t,

00:11:51:00 – 00:11:51:25
do their job, right,

00:11:51:25 – 00:11:52:28
which is just withholding

00:11:52:28 – 00:11:54:01
evidence altogether.

00:11:54:01 – 00:11:57:01
And what’s an example of that?

00:11:57:03 – 00:11:57:16
Sure.

00:11:57:16 – 00:11:59:06
I have a client who.

00:11:59:06 – 00:12:01:06
Had a daughter who was.

00:12:01:06 – 00:12:03:22
You know, in trouble,

00:12:03:22 – 00:12:06:08
just was going down the wrong path.

00:12:06:08 – 00:12:06:29
She was really.

00:12:06:29 – 00:12:09:12
Getting. Involved with.

00:12:09:12 – 00:12:10:07
Older men.

00:12:10:07 – 00:12:11:02
That.

00:12:11:02 – 00:12:11:19
You know.

00:12:11:19 – 00:12:14:03
We’re we’re taking. Advantage of her.

00:12:14:03 – 00:12:17:03
And he was at his wits end.

00:12:18:29 – 00:12:23:03
And on one night when this.

00:12:23:27 – 00:12:26:18
All came to head, she.

00:12:26:18 – 00:12:28:24
Had snuck,

00:12:28:24 – 00:12:30:16
an young

00:12:30:16 – 00:12:33:16
adult male into the house.

00:12:33:26 – 00:12:35:15
He had a storied past.

00:12:35:15 – 00:12:35:29
You know, he.

00:12:35:29 – 00:12:39:18
Was he was in trouble with drugs, and.

00:12:40:24 – 00:12:41:07
He just.

00:12:41:07 – 00:12:41:20
Wasn’t.

00:12:41:20 – 00:12:44:11
You know, you’re a 20 year old.

00:12:44:11 – 00:12:46:16
College. Kid, and, you know, she.

00:12:46:16 – 00:12:47:05
Was the.

00:12:47:05 – 00:12:48:14
18 year old senior

00:12:48:14 – 00:12:50:15
that was not the dynamic.

00:12:50:15 – 00:12:51:11
He was 20.

00:12:51:11 – 00:12:52:23
She was. 16.

00:12:52:23 – 00:12:54:25
And, you know, he was he.

00:12:54:25 – 00:12:56:06
Was a little bit shady.

00:12:56:06 – 00:12:58:25
His intentions probably weren’t pure.

00:12:58:25 – 00:13:01:28
And, So when the dad,

00:13:03:26 – 00:13:05:20
learned that there was.

00:13:05:20 – 00:13:07:23
Basically an unknown male in his.

00:13:07:23 – 00:13:09:07
House. And.

00:13:09:07 – 00:13:09:29
Specifically.

00:13:09:29 – 00:13:10:24
In his 16 year.

00:13:10:24 – 00:13:13:24
Old daughter’s bedroom, he,

00:13:13:24 – 00:13:16:13
Grabbed an unloaded firearm and

00:13:16:13 – 00:13:19:06
pointed it. At the.

00:13:19:06 – 00:13:21:11
Young man and escorted him out of the.

00:13:21:11 – 00:13:23:07
House.

00:13:23:07 – 00:13:25:09
Now,

00:13:25:09 – 00:13:27:14
my client was then charged.

00:13:27:14 – 00:13:29:21
With aggravated assault,

00:13:29:21 – 00:13:32:21
and in this particular case,

00:13:33:00 – 00:13:35:07
I learned that.

00:13:35:07 – 00:13:37:05
The individual and it wasn’t,

00:13:37:05 – 00:13:39:11
you know, I. Asked the prosecutor for.

00:13:39:11 – 00:13:40:15
His criminal history.

00:13:40:15 – 00:13:41:00
The alleged.

00:13:41:00 – 00:13:42:09
Victim that is, the 20 year.

00:13:42:09 – 00:13:44:17
Old kid that was involved in drugs.

00:13:44:17 – 00:13:45:00
I you know,

00:13:45:00 – 00:13:46:03
I just wanted to know what kind.

00:13:46:03 – 00:13:47:17
Of character were we. Dealing with.

00:13:47:17 – 00:13:49:12
Because I thought that would be relevant

00:13:49:12 – 00:13:50:16
at trial.

00:13:50:16 – 00:13:53:16
To, You know, talk to the jury about

00:13:54:00 – 00:13:56:06
the prosecutor. Wouldn’t give it to me.

00:13:56:06 – 00:13:59:12
I asked for, please report.

00:14:00:01 – 00:14:02:04
Any police contact this individual had.

00:14:02:04 – 00:14:02:25
Had.

00:14:02:25 – 00:14:06:02
I got a few, but the the

00:14:08:00 – 00:14:09:13
piece that I didn’t get

00:14:09:13 – 00:14:11:12
was the fact that

00:14:11:12 – 00:14:14:21
there was a first degree sexual assault

00:14:14:21 – 00:14:18:11
case on the prosecutor’s.

00:14:18:17 – 00:14:22:04
Desk involving this 20 year old young man

00:14:22:04 – 00:14:24:26
and a teenage. Girl who.

00:14:24:26 – 00:14:26:10
Had allegedly had so much.

00:14:26:10 – 00:14:28:23
Alcohol, she passed. Out and then.

00:14:28:23 – 00:14:30:23
The allegation was that the.

00:14:30:23 – 00:14:33:21
20 year old male.

00:14:33:21 – 00:14:35:02
Had sex with her.

00:14:35:02 – 00:14:37:07
And so it was. A sexual assault.

00:14:37:07 – 00:14:40:05
And if I. Had known that,

00:14:40:05 – 00:14:42:02
if I had known that.

00:14:42:02 – 00:14:42:18
Piece of.

00:14:42:18 – 00:14:44:02
Evidence and I was looking for it,

00:14:44:02 – 00:14:45:10
and the prosecutor knew.

00:14:45:10 – 00:14:47:11
I was looking for it.

00:14:47:11 – 00:14:48:07
You know, we would have.

00:14:48:07 – 00:14:49:19
Probably. Taken our.

00:14:49:19 – 00:14:50:29
Case to trial.

00:14:50:29 – 00:14:52:11
Now, the way it turned out,

00:14:52:11 – 00:14:53:19
my client got.

00:14:53:19 – 00:14:56:17
A plea deal where, he had to. Jump.

00:14:56:17 – 00:14:57:24
Through some hoops.

00:14:57:24 – 00:14:58:25
And and,

00:14:58:25 – 00:15:00:05
you know, be on probation

00:15:00:05 – 00:15:01:07
for a period of time.

00:15:01:07 – 00:15:04:04
But then the case got dismissed. And so,

00:15:06:16 – 00:15:06:27
you know.

00:15:06:27 – 00:15:09:10
That that was just grossly.

00:15:09:10 – 00:15:12:01
Inappropriate and, you know, not.

00:15:12:01 – 00:15:14:13
Okay, but

00:15:14:13 – 00:15:15:14
the prosecutor did.

00:15:15:14 – 00:15:17:13
It, and he knew what he was doing,

00:15:17:13 – 00:15:18:01
and he.

00:15:18:01 – 00:15:20:14
Failed to give me. That evidence.

00:15:20:14 – 00:15:21:18
Which I.

00:15:21:18 – 00:15:24:04
You know, that my client is entitled to.

00:15:24:04 – 00:15:25:27
That’s exculpatory evidence.

00:15:25:27 – 00:15:28:06
That’s evidence I could use at trial,

00:15:28:06 – 00:15:30:00
I believe that I could use at trial.

00:15:30:00 – 00:15:31:08
Now, the prosecutor may try to.

00:15:31:08 – 00:15:31:18
Keep the.

00:15:31:18 – 00:15:33:02
Evidence out, but that’s not his.

00:15:33:02 – 00:15:34:15
Job to decide.

00:15:34:15 – 00:15:35:23
That you know, evidence.

00:15:35:23 – 00:15:36:17
I could use to.

00:15:36:17 – 00:15:38:28
Help my client, Fight the charge.

00:15:38:28 – 00:15:42:06
And unfortunately, those things happen.

00:15:42:27 – 00:15:43:09
Wow.

00:15:43:09 – 00:15:44:16
So it sounds like prosecutors

00:15:44:16 – 00:15:45:21
have a lot of power,

00:15:45:21 – 00:15:47:12
and they don’t always use it responsibly.

00:15:47:12 – 00:15:48:13
So if someone is feeling

00:15:48:13 – 00:15:49:14
like their prosecutor

00:15:49:14 – 00:15:51:17
is not being fair and need an attorney,

00:15:51:17 – 00:15:53:06
how might they get in touch with you?

00:15:53:06 – 00:15:54:16
Sure, we’ll include. A link in.

00:15:54:16 – 00:15:56:16
The description where they can call text.

00:15:56:16 – 00:15:58:12
Or chat with a member of my team

00:15:58:12 – 00:15:59:29
anytime, day or night.

00:15:59:29 – 00:16:01:08
Here at Just Criminal Law,

00:16:01:08 – 00:16:03:02
we know you only get one shot.

00:16:03:02 – 00:16:05:00
At justice. So make yours count.