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
In Turkey however, the protests were not peaceful. They included smashing a sculpture than was neither Jewish nor Israeli.
It was the usual "We-Muslims-can-kill each other-but-Jews-cannot" hysteria.
If Turkish crowds were protesting against Israel in a political dispute, why Koranic slogans? Why were they protesting in Arabic rather than their native language? Do Turks chant German slogans to protest nuclear energy?
by Burak Bekdil
So in the EU-candidate Turkey, a pianist should be punished for his re-tweets, but a pop-singer should be congratulated for her first-class racist hate-speech. This is contagious.
No reporter present at Mr. Ihsanoglu's campaign launch speech thought about asking him if his commitment to the "Palestinian cause" included any affirmation of the Hamas Charter, in particular a section that says, "…The stones and trees will say, 'O Muslims, there is a Jew behind me, come and kill him.'"
Turkey is also the country where a few years earlier, a group of school teachers (yes, school teachers!) gathered in a demonstration to commemorate Hitler.
by Debalina Ghoshal
Despite Chapter VII of the UN Charter and UNSC Resolutions, it seems that North Korea will continue developing its missiles -- and eventually weaponize them with nuclear warheads.
"North Korea's ballistic and nuclear threat is very much a near-term threat. ... Steady progression in their program is not harmless." — Victor Cha, Centre for Strategic and International Studies.
On March 26, 2014, North Korea reportedly test-fired medium-range ballistic Rodong missiles -- capable of reaching Japan and U.S. military bases in the Asia-Pacific region.
Since February, South Korean officials claim that North Korea has confirmed at least 90 test-firings, among which ten were ballistic missiles.
by Khaled Abu Toameh
It is important to note that these cease-fire demands are not part of Hamas's or Islamic Jihad's overall strategy, namely to have Israel wiped off the face of the earth.
Many foreign journalists who came to cover the war in the Gaza trip were under the false impression that it was all about improving living conditions for the Palestinians by opening border crossings and building an airport and seaport. These journalists really believed that once the demands of Hamas and the Palestinian Islamic Jihad are accepted, this would pave the way for peace between the Israelis and the Palestinians.
To understand the true intention of Hamas and its allies, it is sufficient to follow the statements made by their leaders after the cease-fire announcement this week. To his credit, Ismail Haniyeh, Hamas's leader, has never concealed Hamas's desire to destroy Israel.
Hamas and its allies see the war in the Gaza Strip as part of there strategy to destroy Israel. What Hamas and its allies are actually saying is, "Give us open borders and an airport and seaport so we can use them to prepare for the next war against Israel."
by Burak Bekdil
A front-page headline was particularly revealing: They (Israel) bombed a mosque in Gaza! Including the exclamation mark!
A quick internet search, if you typed "mosque bombing Shiite-Sunni," would give you 782,000 results on July 16.
Why did we not hear one single Turkish voice protest the death of 300,000 Muslims in Darfur?
Hamas's Charter is must-read fun.