Word: richters
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Pottawattamie County prosecutors David Richter and Joseph Hrvol presented a case that rested almost entirely on the testimony of a 16-year-old kid who was caught stealing cars and offered a $5,000 reward if he provided information about the murder. The witness misidentified the murder weapon, changed his story multiple times and fingered two other men before naming McGhee and Harrington in the crime. He even had to be coached by prosecutors about what to say during the trial so that his story matched the evidence. Richter and Hrvol revealed none of this at trial, nor the fact...
...Supreme Court heard oral arguments not over whether Richter and Hrvol had framed two men for murder, but whether they could be sued for it. In 2003, Iowa's supreme court overturned Harrington's conviction, while McGhee pled guilty to lesser charges and was released. Now both men are suing the Pottawattamie County prosecutors, claiming they coerced and coached witnesses, fabricated evidence and arrested them without probable cause. But according to federal law supported by numerous legal precedents, prosecutors have immunity for anything they do during a trial. Richter and Hrvol say they were just doing their...
...prosecutor knowingly introduces false evidence at trial, that prosecutor is absolutely immune from lawsuit," explains Stephen Sanders, an attorney representing Richter and Hrvol. The rationale is that if prosecutors could be blamed for errors in a trial, they would become vulnerable targets for any litigious convict with an ax to grind...
Theirs was a small town still reeling from the shock of a murder. Richter, the county attorney, was up for election the following year. The authorities' first suspect - a white man married to the daughter of the fire chief - failed a lie-detector test and was identified by more than one witness; his case was inexplicably dropped. Instead, Hrvol and Richter targeted two black teenagers whose only connection to the murder came from the testimony of a teenage boy who was arrested for stealing a car. The boy gave three alternate versions of the murder, admitted to lying on multiple...
Hrvol and Richter cannot be tried for knowingly putting a dishonest witness on the stand. They don't have to own up to the fact that they presented false evidence or coerced a witness's testimony. But fortunately for McGhee and Harrington, they did something on which the law is not completely clear - they didn't just present the evidence at trial, but also helped gather it. In an unusual move, the prosecutors aided detectives by canvassing the neighborhood and interviewing witnesses, and so their actions may not be covered by absolute immunity. That is what the Supreme Court will...