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Tue 26 Jun, 2007 07:52 pm
An Assistant District Attorney is aware of exculpatory evidence of the defendant in a case and fails to disclose it to the defense attorney.
The defendant is held in jail for over two years while awaiting trial and being tried.
The judge then dismisses the charges at trial and the defendant is released.
Can the former defendant due the ADA personally for his failure to release the exculpatory evidence? Would he have a credible case?
Can the District Attorney bring criminal charges against the ADA for the same failure? Would he have a credible case?
There would have to be a lot more than just the facts that you've setup here but in theory, yes, the ADA could face criminal prosecution as well as civil liability.
The DA is the Duke rape case is in pretty much this exact situation.
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