OBAMA SUPPORTS RIGHT OF PROSECUTORS TO FRAME THE INNOCENT
Christian Science Monitor - The US Supreme Court on Wednesday is set to consider an unusual question: Do Americans who have been framed by unscrupulous prosecutors for crimes they did not commit have a right to sue the prosecutors when the fraud is finally exposed? According to the Obama administration, the answer is no.
Solicitor General Elena Kagan argues in a friend of the court brief that local, state, and federal prosecutors must enjoy absolute immunity from citizen lawsuits – even when they sent innocent men to prison for life by fabricating incriminating evidence and hiding exculpatory evidence.
Those are the allegations in a case from Iowa set for oral argument on Wednesday morning. According to legal briefs filed in the case, prosecutors in Pottawattamie County, Iowa, solicited false testimony implicating two innocent African-American teens in the murder of a recently retired police officer in 1977. At trial, the false testimony led to their convictions. They were sent to prison for life.
When the false testimony and other exculpatory evidence was discovered, the two innocent men, Curtis McGhee and Terry Harrington, were released after 25 years in prison. They filed a lawsuit against the prosecutors.