Prosecutor Angela Corey Rants and Whines About My Criticism of Her
State Attorney Angela Corey, the prosecutor in the George Zimmerman case, recently called the Dean of Harvard Law School to complain about my criticism of some of her actions. She was transferred to the Office of Communications and proceeded to engage in a 40 minute rant, during which she threatened to sue Harvard Law School, to try to get me disciplined by the Bar Association and to file charges against me for libel and slander.
She said that because I work for Harvard and am identified as a professor she had the right to sue Harvard. When the communications official explained to her that I have a right to express my opinion as "a matter of academic freedom," and that Harvard has no control over what I say, she did not seem to understand. She persisted in her nonstop whining, claiming that she is prohibited from responding to my attacks by the rules of professional responsibility—without mentioning that she has repeatedly held her own press conferences and made public statements throughout her career.
Her beef was that I criticized her for filing a misleading affidavit that willfully omitted all information about the injuries Zimmerman had sustained during the "struggle" it described. She denied that she had any obligation to include in the affidavit truthful material that was favorable to the defense. She insisted that she is entitled to submit what, in effect, were half truths in an affidavit of probable cause, so long as she subsequently provides the defense with exculpatory evidence. She should go back to law school, where she will learn that it is never appropriate to submit an affidavit that contains a half truth, because a half truth is regarded by the law as a lie, and anyone who submits an affidavit swears to tell the truth, the whole truth and nothing but the truth.
Before she submitted the probable cause affidavit, Corey was fully aware that Zimmerman had sustained serious injuries to the front and back of his head. The affidavit said that her investigators "reviewed" reports, statements and "photographs" that purportedly "detail[ed] the following." It then went on to describe "the struggle," but it deliberately omitted all references to Zimmerman's injuries which were clearly visible in the photographs she and her investigators reviewed. That is Hamlet without the Prince! The judge deciding whether there is probable cause to charge the defendant with second degree murder should not have been kept in the dark about physical evidence that is so critical to determining whether a homicide occurred, and if so, a homicide of what degree. By omitting this crucial evidence, Corey deliberately misled the court.
Corey seems to believe that our criminal justice system is like a poker game in which the prosecution is entitled to show its cards only after the judge has decided to charge the defendant with second degree murder. That's not the way the system is supposed to work and that's not the way prosecutors are supposed to act. That a prosecutor would hide behind the claim that she did not have an obligation to tell the whole truth until after the judge ruled on probable cause displays a kind of gamesmanship in which prosecutors should not engage.
The prisons, both in Florida and throughout the United States, are filled with felons who submitted sworn statements that contained misleading half truths. Corey herself has probably prosecuted such cases.
Ironically, Corey has now succeeded in putting Zimmerman back in prison for a comparably misleading omission in his testimony. His failure to disclose money received from a PayPal account requesting donations for his legal defense made his testimony misleadingly incomplete. In her motion to revoke his bail, Corey argued that Zimmerman "intentionally deceived the court" by making "false representations." The same can be said about Prosecutor Corey. She too misled and deceived the court by submitting an affidavit that relied on a review of photographs and other reports that showed injuries to Zimmerman, without disclosing the existence of these highly relevant injuries.
Even if Angela Corey's actions were debatable, which I believe they were not, I certainly have the right, as a professor who has taught and practiced criminal law nearly 50 years, to express a contrary view. The idea that a prosecutor would threaten to sue someone who disagrees with her for libel and slander, to sue to university for which he works, and to try to get him disbarred, is the epitome of unprofessionalism. Fortunately, truth is a defense to such charges.
I will continue to criticize prosecutors when their actions warrant criticism, to praise them when their actions deserve praise, and to comment on ongoing cases in the court of public opinion. If Angela Corey doesn't like the way freedom of expression operates in the United States, there are plenty of countries where truthful criticism of prosecutors and other government officials result in disbarment, defamation suits and even criminal charges. We do not want to become such a country.
Reader comments on this item
|Politics [176 words]||Jason||Jun 22, 2013 11:08|
|Rebuttal to the prosecutors in the Zimmerman case [127 words]||John||Jun 10, 2012 20:55|
|Hog Law must work in Florida [191 words]||Thomas||Jun 8, 2012 06:30|
Comment on this item
by Burak Bekdil
Where Turkey stands today is a perfect example of how, when Islamists -- mild or otherwise -- rule a county, even the most basic liberties are systematically suppressed.
"A climate of fear has emerged in Turkey." — Hasam Kilic, President, Turkey's Constitutional Court.
The prosecutor demanded a heavier penalty for the victim than for her torturers.
The European Commission identified government interference in the judiciary and bans imposed on social media as the major sources of concern regarding Turkey's candidacy for full membership.
by Khaled Abu Toameh
To understand what drives a young Palestinian to carry out such a deadly attack, one needs to look at the statements of Palestinian Authority leaders during the past few weeks.
The anti-Israel campaign of incitement reached its peak with Abbas's speech at the UN a few weeks ago, when he accused Israel of waging a "war of genocide" in the Gaza Strip. Abbas made no reference to Hamas's crimes against both Israelis and Palestinians.
Whatever his motives, it is clear that the man who carried out the most recent attack, was influenced by the messages that Abbas and the Palestinian Authority leadership have been sending their people.
by Richard Kemp
Would General Allen -- or any other general today -- recommend contracting out his country's defenses if it were his country at stake? Of course not.
The Iranian regime remains dedicated to undermining and ultimately destroying the State of Israel. The Islamic State also has Israel in its sights and would certainly use the West Bank as a point from which to attack, if it were open to them.
There can be no two-state solution and no sovereign Palestinian Arab state west of the Jordan, however desirable those things might be. The stark military reality is that Israel cannot withdraw its forces from the West Bank.
Fatah leaders ally themselves with the terrorists of Hamas, and, like Hamas, they continue to reject the every existence of the State of Israel.
If Western leaders actually want to help, they should use all diplomatic and economic means to make it clear to the Palestinians that they will never achieve an independent and sovereign state while they remain set on the destruction of the State of Israel.
by Louis René Beres
The Palestine Liberation Organization [PLO], forerunner of today's Palestinian Authority, was founded in 1964, three years before Israel came into the unintended control of the West Bank and Gaza. What therefore was the PLO planning to "liberate"?
Why does no one expect the Palestinians to cease all deliberate and random violence against Israeli civilians before being considered for admission to statehood?
On June 30, 1922, a joint resolution of both Houses of Congress of the United States endorsed a "Mandate for Palestine," confirming the right of Jews to settle anywhere they chose between the Jordan River and the Mediterranean Sea. This is the core American legacy of support for a Jewish State that President Obama now somehow fails to recall.
A sovereign state of Palestine, as identified by the Arabs -- a Muslim land occupied by "Palestinian" Arabs -- has never existed; not before 1948, and not before 1967. From the start, it was, and continues to be, the Arab states -- not Israel -- that became the core impediment to Palestinian sovereignty.
by Timon Dias
It looks as if this new law is meant to serve as a severe roadblock to parties that would like to dismantle the EU in a democratic and peaceful way from within.
A rather dull semantic trick pro-EU figures usually apply, is calling their opponents "anti-Europe."