The police have run wild. They are the American Gestapo. All harm, never a foul. The police are the biggest, most well-founded, best organized gang in These United State of America, and they have bought the law. The police have bought the law with their money, their unions, their lobbyist, their connections, and their relationships with every prosecutor in the nation. The police are above the law in These United States of America in 2014. It is time for a change! It is time to take back the reigns of justice from the crooked cops and prosecutors and place them in the hands of an unbiased and independent Special Prosecutor in EVERY SINGLE CASE involving a police officer. That is the revolution. That is the solution. That is the only way that lady liberty can even dare remain a beacon of hope for justice.
Police are rarely charged for their abhorrent and illegal conduct. When they are, they receive sweetheart deals that no one else gets. Think about it why criminal cops have it made on easy street:
- Prosecutors rely on police for everything.
- Without police there is no arrest.
- Without police, there is no investigation.
- Without police, there is no evidence.
- Without police, there is no confession.
- Without police, the prosecutor does not have an easy job.
- Without police, the prosecutor does not have a job.
- Prosecutors mistakenly think any given cop on any given case is her client.
- Prosecutors mistakenly think that any given cop is part of her prosecution team.
- How many times has a prosecutor ever cross-examined a cop? NEVER
- How many times has a prosecutor questioned the quality of a cop’s work to his or her face? NEVER
- How many times does a prosecutor attempt to clean up crap police work and justify not following procedure in any given trial? NEVER
- How many times has a prosecutor had to treat a cop as a hostile witness? How many times has a prosecutor impeached a cop? NEVER
- The exact opposite is true: prosecutors make a living by cleaning up the messes cops create.
- Prosecutors make a living by trying to rehabilitate a cop after he was caught in a lie on the stand.
Think, just think about the relationship between cop and prosecutor. The police have a large strong union and a pack mentality. If you piss off one cop, you likely piss off the whole bunch. All of a sudden, the police community stops doing what you wanted it to do. All a sudden, the police make the prosecutors job a hell of a lot more difficult. All of a sudden the police start following the law and stop coercing confessions and witness statements. All of a sudden the prosecutor’s best friend is now its enemy!
What is the best possible way for the prosecutor to piss of the police? Do her job when the cop is a suspect. That’s right, the best way to alienate and piss off the police is to indict them. You know the old saying that a prosecutor could indict a ham sandwich? Well, it’s true. All that is required to indict someone for a crime is a probable cause to believe they committed a crime. That means there must be a sufficient articulable reason to believe a crime was committed based on facts and circumstances.
If a client walked into my door right now and said “Listen, Cory, I went up to this guy and bothered him even though he didn’t do anything to me, or anyone really. He was just minding his own business. But I decided to come up to him from behind and perform a choke hold and I killed him while like 5 other friends were jumping in and helping me take him to the ground. You know, I’m trained in martial arts and hand to hand combat and I know that a choke hold can kill someone, especially if they have health problems. And get this, the guy I was choking to death, he was telling me “I can’t breath” over and over again, but I didn’t let go, even after my gang subdued him. Do you think I’ll be indicted?” I’d say, “Yes, and you need to call the best lawyer in town.”
Now if a cop walks into my office and says the same thing, I honestly say, “No, you are a cop. Cops never get indicted. You’d think it would be a potential hazard of the job, but it’s really not. You see, you already have a lawyer. It is the prosecutor, and she is going to present case to the grand jury and do everything in her power to make sure you are not indicted. You are in safe hands.”
This blog post is not about black lives. It clear that a black life is not worth as much as a white life in These United States of America, but listen up my white and otherwise privileged friends and acquaintances. Poor black Americans are not the only people brutally murdered by the police without justification, the police kill people from all walks of life, although they are often poor and have mental and psychological issues.
Those in power, those hiding behind the shield of a badge and job duties MUST be held accountable. They MUST be held to the highest standard. There is no way that police can be prosecuted by a person employed as a prosecutor. There are problems inherent with a prosecutor prosecuting a cop. Not only is the prosecutor put in an awkward position but there are ethical dilemmas also. Shouldn’t a prosecutor recuse himself? Doesn’t he have a personal relationship with police? Doesn’t his office rely on the police? Aren’t they both employed sometimes by the same city, county or state? Aren’t the police and the prosecutor’s office considered to be the law enforcement branch of the government? Don’t the prosecutors even consider the police to be part of their team? THERE IS A CLEAR AND UNETHICAL CONFLICT OF INTEREST THAT MUST REQUIRE THE PROSECUTOR TO RECUSE HIMSELF IN ALL CASES WHERE A OFFICER IS A SUSPECT.
For example, consider the Texas Constitution, Article 5 as a guidepost for whether a prosecutor should withdraw from a case where a cop is a defendant. It concerns judges. Section 11 states that a judge is disqualified if:
- (1) the judge has a financial interest
- (2) the judge is connected to the party by affinity or consanguinity
Before I continue, remember that a judge is supposed to be impartial, while clearly the prosecutor is an advocate, but she MUST advocate for the position that the suspect committed a crime. Allow the defense attorney to defend the suspect. So here it is, prosecutors have a financial interest in all cases involving police suspects: police arrest people. If there is no arrest there is no case. If there are fewer cases, there is not a need for as many prosecutors. Prosecutors are financially interested. Second, as said above, prosecutors are friends with the police and rely on their union and support.
We need an independent special prosecutor for every case in which a cop is accused of committing a crime. Join me in support of this demand.
Cory
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