Petition updateQueens District Attorney Election: November 5, 2019 —Queens DA Primary Election RecountWho Polices Prosecutors Who Abuse Their Authority? Usually Nobody
Carlos FuerteNew York, NY, United States
May 13, 2019

The innocent can wind up in prison. The guilty can be set free. But New York City prosecutors who withhold evidence, tolerate false testimony or commit other abuses almost never see their careers damaged.

Stuart's career, across many years and with repeated abuses, helps demonstrate a broader truth: New York's system of attorney oversight is ill-equipped or unwilling to identify, punish and deter prosecutors who abuse their authority.

A ProPublica analysis of more than a decade's worth of state and federal court rulings found more than two dozen instances in which judges explicitly concluded that city prosecutors had committed harmful misconduct. In each instance, these abuses were sufficient to prompt courts to throw out convictions.

Yet the same appellate courts did not routinely refer prosecutors for investigation by the state disciplinary committees charged with policing lawyers. Disciplinary committees, an arm of the appellate courts, almost never took serious action against prosecutors. None of the prosecutors who oversaw cases reversed based on misconduct were disbarred, suspended, or censured except for Stuart. (Stuart declined repeated requests for an interview for this story.)

Nor were any but Stuart punished by their superiors in the city's district attorney offices. In fact, personnel records obtained by ProPublica show, several received promotions and raises soon after courts cited them for abuses.

The damage from prosecutorial misconduct can be devastating, not only allowing guilty people like Bennett to go free, but also putting innocents behind bars. In 10 cases identified by ProPublica, defendants convicted at least in part because of a prosecutor's abuse were ultimately exonerated, often after years in prison.

Shih-Wei Su was incarcerated for 12 years on attempted murder charges before a federal appeals court cleared him, finding that a prosecutor had "knowingly elicited false testimony" in winning a conviction. The city eventually paid Su $3.5 million. The prosecutor received nothing more than a private reprimand.

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