Prosecution Issues

Prosecution Issues This summarizes the core issues of prosecutorial and investigative misconduct concerning the case against me (Douglas W Vance) which resulted in a wrongfully obtained indictment and conviction. Withholding of Exculpatory Evidence A primary concern is the withholding of exculpatory evidence prior to the indictment and the subsequent opposition to its use at trial. Awareness of Exculpatory Information: In December 2018, months before the indictment, the investigating Agent was informed by me on a recorded call that I possessed a letter from the co-defendant (Molly) that contained information completely exonerating me. The Agent acknowledged the existence of this exculpatory information and promised to inform the Prosecutor and schedule a meeting, which never occurred. Proof on the Record: The existence of this letter and the Agent's awareness of it were confirmed during the trial proceedings. The trial transcript (Page ID # 1521) from the Agent's testimony shows the Prosecutor directly questioning the Agent about the communication: PROSECUTOR: Was there a back and forth about some letter? AGENT: Apparently so. PROSECUTOR: What was this letter Mr. Vance kept referring you to? AGENT: It was my understanding that it was a letter that Molly had. PROSECUTOR: Did you hear a reference from Mr. Vance of my attorney has a letter from Molly? AGENT: Yes. (This exchange is recorded and found in Government Exhibit 401.) Misconduct The actions of the Agent and Prosecutor demonstrate a failure to adhere to their respective duties, resulting in a deprivation of due process. Agent Misconduct (Malicious Prosecution): The Agent was fully aware of crucial exculpatory evidence yet purposefully withheld this information from the grand jury. By setting the prosecution in motion and personally seeking the indictment while possessing knowledge of the Petitioner's innocence, the Agent made knowing and reckless falsehoods concerning the Petitioner's culpability, deliberately targeting him and laying the groundwork for a wrongfully obtained indictment. Prosecutorial Misconduct (Negligence/Breach of Duty): The Prosecutor was made aware of the existence of the exculpatory letter, as demonstrated by the Agent's testimony. A prosecutor has a duty to investigate exculpatory information and to correct testimony known to be false or incomplete before the grand jury. The failure to present this key fact to the grand jury is negligent, denying the grand jury the information necessary to make an informed decision on whether to indict. Conclusion This evidence of clear prior knowledge demonstrates that both the Agent and the Prosecutor acted in concert to proceed with the indictment despite possessing information that completely exonerated me.