WRONGFUL CONVICTIONS

Overzealous prosecutors can undermine justice

Prosecutors tend to be competitive. More than most professionals, they can
easily tally their wins and losses. That drive to win - along with
prosecutors' real fear that some defendants, if not convicted, will commit
more crimes - sometimes encourages behavior that skirts ethical standards.

A new Chicago Tribune study found that prosecutorial misconduct occurs more
often than most Americans like to believe.

The Tribune staff reviewed thousands of court records and appellate court
decisions from across the United States. Since 1963, at least 381 defendants
have had a homicide conviction thrown out because prosecutors either
concealed exculpatory evidence or presented evidence they knew was untrue.
Sixty-seven of those defendants had been sentenced to die.

None of the prosecutors was convicted of criminal misconduct or banned from
practicing law, the Tribune found.

Considering the tens of thousands of homicide cases tried nationwide since
1963, the 381 convictions may seem inconsequential.

They aren't. Homicide cases account for only a fraction of all criminal
cases. No one knows how many aggravated assault, rape and armed robbery
trials may have been tainted by unethical conduct.

Moreover, in Texas, only indigent death row inmates have the right to
court-appointed appellate attorneys. Few other inmates can afford to hire
lawyers to reopen their cases, says Houston criminal defense attorney Randy
Schaffer. (He noted that he took Dallas' infamous Randall Dale Adams case
for the "princely retainer fee of $300.")

And in Texas, not all district attorneys allow defense advocates to examine
prosecution files after a conviction. Without reviewing those files, no one
can know whether all exculpatory evidence was fully disclosed. Texas
district attorneys should routinely open their files to appellate attorneys.

With more than 450 condemned prisoners awaiting execution, Texans ought to
be especially concerned about prosecutorial misconduct. Better to do the
first trial right, revealing all relevant evidence, and trust juries and
judges to do their jobs.