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Corporate Crime Reporter featured Haub Law Professor Bennett Gershman in "Don Siegelman on How the Political Assassination of a Governor Threatens the nation"

05/21/2020

Corporate Crime Reporter featured Haub Law Professor Bennett Gershman in "Don Siegelman on How the Political Assassination of a Governor Threatens the nation"

In the book and the documentary, law professor Bennett L. Gershman, who has written about prosecutorial misconduct says this was one of the worst cases he has seen.  

He is a professor at Pace University School of Law. 

“Of the thousands of prosecutorial misconduct cases I have written about, the government’s bad faith described in Stealing Our Democracy stands out and may be without parallel,” Gershman says. “The governor’s story reveals a continuum of government misconduct which leaves the reader shaking in disbelief.”

At the end of your book, you write about how to prevent the kind of miscarriage of justice in your case.

“The changes I would make to the criminal justice system are not just to protect people from being politically charged, but to protect those who are the most vulnerable. The government gets 99 percent of the indictments they seek. If you could have those odds and go to a casino, they would bar you from the casino.”

“Something is not right. Prosecutors can willfully and intentionally present false evidence and willfully and intentionally withhold exculpatory evidence, evidence that would exonerate a target in a grand jury setting. Why? There is no judge present. There is no lawyer for the target.”

“I propose that every interview of every witness or target should be recorded and those recordings should be turned over to the defense. Every target should have the opportunity of having a lawyer present in the grand jury to object to evidence or testimony – the same as we do in a civil deposition. If it is important enough in a civil matter where money – economic damages – are at stake, surely it is important enough when one’s freedom is at stake.”

“A target should have a lawyer present to object. And finally, we should repeal the immunity given to prosecutors in the federal Tort Claims Act.” 

Read the full Corporate Crime Reporter article.