Lynn LaRowe covered the case for the Texarkana Gazette, and says Shannon [Coyel]'s story didn’t sit right with her. “I just couldn’t wrap my mind around them being guilty. It just didn’t seem possible,” LaRowe says. “She had so many reasons to fabricate this whole thing, and Jerry Coyel was obviously furious with Mark and Rhonda.”The Leshers prevailed at trial and sued anonymous commenters at a Topix user forum which had become the center of local online trolling about the couple. The most prolific posting turned out to have come from computers at Jerry Coyel's business. The Leshers won a defamation suit only have the judge throw out the award in June, a decision that's presently on appeal. And of course, the District Attorney has "absolute immunity" for his role in this lurid affair. The subtitle to the Observer story says it all: "In an East Texas county known for corrupt law enforcement, Mark Lesher fought the justice system—until it came for him too." Quite a malefic tale; read the whole thing.
Tuesday, July 17, 2012
Small-town justice: No recourse for alleged abuses of power
Check out a story of alleged abuse of power by a rural prosecutor in this recent Texas Observer story by Patrick Michels. After attorney Mark Lesher won a significant legal battle in Red River County (Clarksville) on behalf of a poor, black defendant (who'd been roped into legitimate charges against a sibling), the local DA targeted the lawyer and his wife with trumped up charges of sexual assault. In the process, the DA suborned bizarrely incongruous and likely perjurious testimony by a witness with a personal axe to grind. Even local reporters didn't buy the prosecution's theory:
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12 comments:
No man has "absolute immunity," when someone is standing before them with a gun pointed at their face.
Yet another dishonest prosecutor. It seems they are everywhere we turn. Yet, there are those who wil come on here and say that all prosecutors are heroes in white hats and how dare we claim otherwise.
Yes, prosecutorial misconduct is commonplace. Not the extremely rare happening some would like us to believe. Not too long ago, I would have said that most prosecutors were honest and ethical, all the while arguing that misconduct was still all too frequent. Now, I'd estimate that maybe 1/2 of prosecutors are dishonest. I'm just hoping the other 1/2 is ethical, but I'm not even too sure about that.
Absolute immunity corrupts absolutely.
Anonymous 1:36--Absolutely!
Mr. Lesher is good hero material.
Grits, even a District Attorney is not immune from prosecution for suborning perjury. Sure, not much chance of the local DA having himself indicted, or even of a local judge forming a special grand jury and having a neighboring DA seek an indictment.
No siree---this is obviously a job for the Texas Rangers. Maybe the Col.-in-charge could pull some of his Rangers off the investigation of the fake phone call up in Eldorado, and put them to work in Red River County.
If there ever was a briar patch, the local prosecutorś office is one you wont want to fall into. They are a black hole of political favoritism and corruption.
A prosecutorś Grand Jury could place your Grandmother on the Grassy Noll at Dallas. I have a bizzare case that I will foward of a African American Philadelphia Police Office (Iḿ White) who was set up by a local S.Jersey Prosecutor,and was vindicated by a local Judge. He now has a Federal Civil Suit in the works with the Prosecutor as the Defendant. Immunity IS NOT ABSOLUTE, you play you pay !
jcfromnj - please keep us updated on how that case goes. A prosecutor does have absolute immunity for acts that are part of the prosecutorial function. They can be held liable for other things, such as things in an investigative role. However, I think if cases keep going to the courts, eventually courts will come around to the idea that their prosecutorial immunity must be scaled back. Not long after Thompson v Connick, a criminal appeal involving significant misconduct from the same prosecutors office (New Orleans) was before the Supreme Court. Reading the oral arguments, it was clear that there was a lot of frustration among the justices over the issue.
As long as the ignorant want to live in the dark ages there will be those who will reap the benefits of such a system. The crime bosses in Texas are generally sanctioned by the government and act under the guise of pubic officialdom. Especially in the hick towns like in the story. As long as the people are ok with this form of governmental oppression it will continue. The smart people get out leaving those who remain to wallow in their trough. Even Wal-Mart got the hell out.
The moral of the story
Don’t mess with Texas sexually repressed wasp crime bosses or they will demonize you and sic the Texas criminal justice system on you.
These stories just keep coming, and I do not see how anybody can still say prosecutorial misconduct is "rare" or even uncommon. Indeed it is a widespread plague and a big part of the corruption that i criminal justice. Even if you get lucky and beat a set up, you're still stuck with enormous legal bills that will cripple you pretty much forever.
How much longer will this state - indeed, this country- put up with this official corruption?
i'm with you 11:54 of course i'd have no problem telling this crooked DA and Judge that while you might think your shit don't stink! and that your god's givt to the universe. Outside this building your just another crook with a TARGET on your ass!
This like many, many other stories prove that the statements being made by prosecutors,those that represent the organizations that represent prosecutors, and others asserting that most prosecutorial misconduct is really just unintentional error are false. I can't recall reading about a case of mere inadvertent and unintentional error. In every one of these cases the "error" was intentional and deliberate. Those who continue to assert otherwise cannot do so honestly. From now on when one of these people tries to claim these are rare and unintentional errors they need to be called out for the liars that they are.
How can those who hold positions of public trust and who are supposed to uphold justice continue to cover for the dishonest, unethical, and illegal conduct of their colleagues? It's time for these associations and groups that represent prosecutors to do the right thing and stand up and say enough is enough. They need to stop minimizing and denying the problem and step up and say they will no longer tolerate this behavior among their colleagues. But, from what I've seen, few prosecutors, and certainly not the leaders or spokespeople of any of these associations or groups, have the courage or integrity to do the right thing. Remember, these are the people who gave awards to prosecutors like Charles Sebesta, Jack Skeen, and John Bradley. They haven't even had the integrity to speak up and denounce those guys. So, instead of discouraging this type of behavior, they seem to encourage and reward it.
I agree Mr. Baker. They just keep coming. I don't believe for a minute that prosecutorial misconduct is rare. Too many innocent people are still behind bars. What I have learned about our injustice system in the last 4 years has changed my life forever. And 2:15, right on. There is a cover up with several perverted public officials that just keep rewarding these creeps for their unethical behavior. When will it end?
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