Grace Under Fire!

I really, really, like Jonathan Turley! So when I saw this I just had to post it as a follow up to the post about David Feige on Prosecutorial Misconduct. I just knew where he was going after reading the second paragraph:

It was an extraordinary scene when Michael B. Nifong, the district attorney in Durham, N.C., took the stand to defend his law license after his failed crusade to convict innocent Duke University lacrosse players of gang rape. He had no more success with his own defense. After being disbarred for "dishonesty, fraud, deceit and misrepresentation," he was suspended from his job last week and now faces a possible lawsuit in civil court.

What's most remarkable about the whole scene, though, is how rare it is. Nifong's misconduct was hardly unusual: Some of the most high-profile cases in history have involved strikingly similar acts of prosecutorial abuse. But instead of being punished, the worst violators are often lionized for their aggressive styles -- maybe even rewarded with a cable television show.

Mr. Turley goes on to reveal many of the historically well know examples of Prosecutorial Misconduct in which the prosecutor isn’t prosecuted.

And finally he goes where I knew he would go:

Consider the career of Nancy Grace. Before becoming a CNN and Court TV anchor, she was a notorious prosecutor in Alabama. In a blistering 2005 federal appeals opinion, Judge William H. Pryor Jr., a conservative former Alabama attorney general, found that Grace had "played fast and loose" with core ethical rules in a 1990 triple-murder case. Like Nifong, Grace was accused of not disclosing critical evidence (the existence of other suspects) as well as knowingly permitting a detective to testify falsely under oath. The Georgia Supreme Court also reprimanded her for withholding evidence and for making improper statements in a 1997 arson and murder case. The court overturned the conviction in that case and found that Grace's behavior "demonstrated her disregard of the notions of due process and fairness and was inexcusable." She faced similar claims in other cases.

You might have expected Grace to suffer the same fate as Nifong. Instead, she has her own show on CNN, and the network celebrates her as "one of television's most respected legal analysts." On TV, she displays the same style she had in the courtroom. (In the Duke case, her presumed-guilty approach was evident early on, when she declared: "I'm so glad they didn't miss a lacrosse game over a little thing like gang rape.")

The Grace effect is not lost on aspiring young prosecutors who struggle to outdo one another as camera-ready, take-no-prisoners avengers of justice. Grace's controversial career also shows how prosecutors can routinely push the envelope without fear of any professional consequences. Often this does not mean violating an ethics rule, but using legally valid charges toward unjust ends.

Once again, thank you Mr. Turley for pointing out the obvious that isn’t all that obvious to the public. Keep up the good work.