Wednesday, Nov. 4, 2009

Court worries about stifling prosecutors

By JESSE J. HOLLAND Associated Press Writer

WASHINGTON (AP) - The Supreme Court on Wednesday seemed worried that allowing a bad prosecutor to be sued by a wrongfully convicted person might chill other prosecutions - even if they're doing their jobs correctly and honestly.

In the case before the court, two former Pottawattamie County, Iowa, prosecutors were sued by the men they had convicted of first-degree murder. But a later investigation found that the lawyers never disclosed at trial that another, more likely, suspect had been identified by witnesses and police.

The convictions were thrown out, but the lawyers unsuccessfully argued in the civil rights suits against them that they had absolute immunity because they were doing their jobs as prosecutors.

Several justices said they were worried about the chilling effect such a ruling would have on prosecutors, with suspects being able to sue prosecutors simply because they didn't like the verdict.

2009-11-04     16:55:52 GMT

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