John Gibeaut reports at the ABA Journal that the role of the Department of Justice’s Office of Professional Responsibility has descended to a level equivalent to that of a ‘Roach Motel’ and how, as a result, judges are beginning to take the discipline of unethical attorneys into their own hands. In his lengthy article, Mr. Gibeaut details the ‘dismal history of intentional and inadvertent violations’ by federal prosecutors and the complaints to DoJ OPR made by Judge Mark L. Wolf, Chief Judge for the U.S. District Court for the District of Massachusetts, that yielded woefully inadequate DoJ OPR investigations and slap-on-the-wrist ‘punishments.’ The article begins with the following summary:
The government’s evidence linking reputed mob figures Vincent “the Animal” Ferrara and Pasquale “Patsy” Barone to a 1985 murder was pretty thin—an accomplice who escaped prosecution in exchange for testimony against the pair.
But a little over a year after the 1990 racketeering indictments of Ferrara, Barone and six other members of New England’s Patriarca crime family, a federal prosecutor in Boston learned his putative star witness had recanted.
Yet the prosecutor never told defense about the recantation, which he and a detective recorded in writing. Indeed, the defendants didn’t learn of the memos until 2003, when the detective spilled the beans at a hearing on habeas corpus petitions they filed seeking their release from long prison sentences.
Ultimately both went free, Barone in 2003 from a life sentence and Ferrara in ’05 from a 22-year term. Chief U.S. District Judge Mark L. Wolf, who had imposed both sentences, was forced to cut them short.
The prosecutor, Assistant U.S. Attorney Jeffrey Auerhahn, was investigated by Massachusetts state bar authorities. Wolf dropped a dime on him after learning Read the rest of this entry →