Prosecutorial Misconduct - Even in the Shoals

Most of us have heard the term prosecutorial misconduct even if we tend to consider it just typical defense attorney rhetoric; however, this past week the term has been featured in almost any newspaper we peruse. From former Governor Don Siegelman's accusations of misconduct leading to his felony conviction to accounts of the first murder trial of Decatur's Daniel Wade Moore, we've seen how pervasive such accusations have become. Perhaps like sexual child molestation, the term has not become more ubiquitous, but only the reporting of such.

Currently we have Siegelman and Huntsville businessman Alex Latifi hurling charges of prosecutorial misconduct against Florence's Alice Martin, while Martin investigates Alabama Attorney General Troy King for similar charges, while King investigates county family court judges including Lauderdale's Jimmy Sandlin (or not--depending on whom answers the phone in Montgomery). Is there an honest individual still out there or is our anthem now victory at any price?

Before we say such things only happen in other places, let's take a look at the Shoals. Our March 10, 2009, column concerned Lauderdale County's Judge Mike Jones. Jones recently recused himself in the Keith McGuire rape case on the grounds that he had worked in civic projects with the defendant's father, Lexington Mayor Bobby McGuire. Yet, only weeks later, Jones refused to recuse himself in the Allen Wilson assault trial. Wilson's attorney had twice asked for the jurist's recusal on the grounds that his client had been an avid supporter of former judicial candidate Alice Martin.

Jones has been no stranger to such controversy, once failing to declare a mistrial in the capital murder trial of Nathan Boyd. In October 2000, Boyd faced a possible death sentence for the murder of restaurant owner Danny Sledge. During his trial, Assistant District Attorney Doug Evans (pictured above) withheld information concerning the testimony of a prosecution witness. Both Boyd defense attorneys, Tim Case and Jean Darby, immediately requested a mistrial, but Judge Jones refused to consider that option and immediately ruled against them.

Three years later, Evans was again accused of prosecutorial misconduct, this time causing a mistrial in the capital murder trial of Donald Wayne Darling. Darling's story is the stuff of pulp fiction and deserving of a movie of the week. Here we will just say that at the time of Darling's first trial, now District Attorney Christopher Connolly called Evan's actions "outrageous prosecutorial conduct." Needless to say, Connolly refused to retain the assistant district attorney during his administration, but Doug Evans now works for District Attorney Joey Rushing in Franklin County.

After reading this, will any of us sleep more securely tonight. I somehow doubt it.