There is an extraordinary case of prosecutorial abuse out of Ohio where former Assistant County Prosecutor Aaron Brockler, 35, is mystified why he has been fired. Let’s see if you can spot the reason. Brockler was given a murder case in which he was told that the accused had two girlfriends as alibi witnesses. Brockler then proceeded to pose as a woman on Facebook and engage the women in chats about the accused. He told the women that he was the former girlfriend of the accused and had an child by him. After enraging the women, he then spoke to them in his real capacity as a prosecutor and they refused to serve as alibi witnesses at the trial. Brockler is astonished that he would be fired for such dishonesty and insists that he was wrongfully terminated.
Brockler was assigned the the aggravated murder case of Damon Dunn, 29, of Cleveland. Dunn was accused in the shooting death of Kenneth “Blue” Adams on May 18, 2012. When the defense counsel gave him his witness list, he spotted the two women who would serve as alibi witnesses. That is when he decided to go undercover as a former girlfriend to try to change the testimony for two witnesses in a murder trial.
What is astonishing is that the Brockler has continued to insist that “I think the public is better off for what I did.” So to recap, Brockler believes that he was perfectly ethical and professional in lying to witnesses to try to change their testimony in a murder case. While County Prosecutor Timothy McGinty fired him for “disgrac[ing]” his office and his professions, Brockler believes he was serving the public good. By the way, McGinty noted that he not only lied to witnesses, and created false evidence, but lied to other prosecutors.
Brockler’s gross misconduct was discovered by Assistant County Prosecutor Kevin Filiatraut, who had replaced Brockler on the Dunn case. To his credit, he reported Brockler dishonesty to his superiors.
The question will now be the response of the Ohio bar in the face of such misconduct not only as a prosecutor but as an attorney and officer of the court.
Source: Cleveland
Unethical conduct by trial lawyers is often a substitute for lack of trial skills. Instead of cracking the alibi with skillful cross-examination like a true professional, the knucklehead prosecutor acts like the criminals he is supposed to be prosecuting and intimidates the witnesses. It is hard to believe that this prosecutor rose to the level where he is prosecuting homicides. Yes, the judge may be compelled to dismiss this one for prosecutorial misconduct. BTW, the misconduct here is not so much in the ruse (police legitimately use ruses all the time to get people to talk), but rather in the attempt to coerce the witnesses not to testify. The phrase “obstruction of justice” comes to mind.
Mike:
Almost all police shows on TV are far removed from reality. Most of what is shown to the public claims to be accurate but it is not. It does create unreasonable expectations in the public’s mind, especially when CSI became popular. After that most people mistakenly believed every crime was solvable by evidence collection, and that somehow the police could get a DNA sample of the suspect off the floor of a crowded dance hall.
The characters are mostly unbelievable and more stereotypes than actual cops. I agree with your view this is causing some problems.
I wonder if the judge will dismiss the charge against the defendant due to prosecutorial misconduct.
He has a brilliant future as a used car salesman.
Yet war criminals walk free.
While County Prosecutor Timothy McGinty fired him for “disgrac[ing]” his office and his professions…
Good for Count Prosecutor McGinty.
He, according to my Texan Brother David(R.I.P.) would be welcomed there as their Honor Code states: “If you can’t win without cheating…DON”T LOSE”*!* – Yes, he loved DubYaa Bush!
This prosecutors problem is he was not high enough on the pecking order. Our esteemed AG tramples the 1st and 4th amendment to the Constitution and his boss still loves him. Isn’t the message our AG sending is the ends justify the means?
The police can lie to coerce a confession out of a suspect but………….
“It would seem that this particular prosecutor learned his trade by watching too many episodes of Law and Order or similar show on the new justice system wherein the ends always seem to justify the means even though the prosecutors are sometimes shown experiencing a twinge and vigilantes are praised.”
Justice Holmes nails it. The proliferation of polices dramas on TV represent a subtle propaganda that has helped to not only raise fears, but to also herald in a police state. At least 60% of all TV drama is police related. The tops shows certainly are. Following the success of Dexter we have two other copycat shows dealing with serial killers, one also has a serial killer using his skills to help law enforcement catch other serial killers. I’m a fan of mystery literature and yet I refuse to watch these shows. The reason is that a well written mystery presents nuances that an hour show can’t encapsulate. They use tricks to influence the viewers such as horrific crimes and evil “perps”. While flawed, usually in lovable ways, the investigators are always self-righteous individuals. Occasionally they do play against “type” but if you watch any random episode of these shows carefully you can see its propagandist bent.
At bottom of course is fear. The fear of a random death before ones time, or the fear of a relatives demise brutally. The other aspect is that for some, crime does pay. For the investment bankers and stock market manipulators who have done harm to people numbering in the millions, little happens accept a slap on the wrist. Bernie Madoff’s jailing was an isolated incident and mainly occurred because his victims were wealthy and powerful.
mespo, Since I’m mostly retired I won’t get pissed @ you for saying that. It was a gold mine for me and as easy as picking cherries. I learned a few years back part of the boilerplate warnings plaintiff’s attorneys gave to their clients was to either stop using Facebook, or use it cautiously. Well, you know how well clients listen to their attorney!
What would the jury trial expert on CNN named Jeffrey Toobin have to say about this prosecutor?
The prosecutor should be dis emboweled. Disbarment should follow.
Oliver Wendell: What false evidence did Zimmerman’s lawyer falsely provide to the court?
Social media is the keyhole into your world for those seeking to exploit you. I suggest tight restrictions on what you post and on who you grant access to those posts.
Ya think….
Two cases for the price of one? And did this wreck the Dunn case?
This guy has a future in Stalingrad.
Isn’t witness tampering a felony? Disbarment is only the beginning. He should be charged. How many other cases did he “win” on the basis of false evidence?
What on earth are lawyers being taught about the ethical rules? It would seem that this particular prosecutor learned his trade by watching too many episodes of Law and Order or similar show on the new justice system wherein the ends always seem to justify the means even though the prosecutors are sometimes shown experiencing a twinge and vigilantes are praised. He should be disbarred.
This episode shows how out of whack prosecutors’ offices have become and the low level of ethical training lawyers are now receiving that the lying to change testimony seemed perfectly fine. Kudos to the lawyer who turned him in. I hope the Ohio Bar will do the right thing: disbar him.
By the way has Zimmerman’s lawyer been disbarred yet for using false evidence at a hearing? I don’t think so. Lawyers have truly lost their way and bar associations are failing to properly police their own. Brothers and sisters at the Bar, we seriously need to clean house.