Tag Archives: PROSECUTORIAL MISCONDUCT

What can be done about a DA and cop who abused us?

Q: I was carjacked on camera. I was knocked TKO and then repeatedly punched. I was completely unconscious helpless and defenseless with over 100 punches to my face and skull. He broke my teeth, cut my face in multiple places including a 3-inch-long wide deep laceration that showed my skull bone and needed internal stitches to stich my facial muscles back together. The DA refused to convict him and withdrew most charges but kept one charge of simple assault and that was a plea of threatening language. This criminal also raped me and was knowingly infected with incurable HIV. I have medical reports and proof that I was never infected until after he raped me but all that was withdrawn. Everything was on video surveillance camera and the Feds and US Marshalls gathered enough evidences and picked him up for life threatening assaults he did to me. I was subpoenaed to prepare for trial. I was never notified about that court date and I was subpoenaed via email and it said my eyes only just me no one can come with me make sure I’m alone. When I went there they said they destroyed the video. (Pittsburgh, PA)

A: I guess my first question is if you were a TKO (technical knock out) you were presumably conscious. If so, how is it that you were “completely unconscious”. The story sounds too horrific to be true, but I will presume you are being candid. There are many issues here, police abuse, police corruption, prosecutorial misconduct, abuse of process, official oppression, to name a few. Try to find a lawyer to help you-it won’t be easy, but keep looking. One is out there. In the meantime, contact any victim’s rights organization you can in Allegheny County. You can try the law firm of Bordas and Bordas, who profess to fight for the little guy. If you get nowhere, call Marty at KDKA.

Is it against the law to get the same DA you had in a prior case that you were found not guilty?

Q: My husband had a prior child sexual assault case that he was found not guilty of. He recently had another false accusation, and has the same DA. I feel like that is impartial and just like a jury, there should be no ties It is like it’s personal now. Is this against the law, or is there a way we could say since she has prior ties with the last case she’s impartial to this case? (Penn  Hills, PA)

A: No, it happens all the time. If she was in private practice, she could defend him on two criminal cases, one being subsequent. She could also sue him on two civil cases, one being after the other. In either scenario, she may not be able to defend him on the first case, then prosecute him criminally (if she takes a job with the DA) or sue him in civil court, on the second case. Is she prejudiced against him? She could be if she thinks he was guilty of the first case. Will it matter, probably not. If there was prosecutorial misconduct alleged or found in the first prosecution, that could be reason for the defense attorney to file a motion requesting the DA to recuse him or herself from the prosecution.