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Supreme Court criticizes DOJ attorneys for having prior commitment for tainted case
Updated: 2018-08-02 12:33
By Zhang Chaobin and Tong Xiaoqing
WASHINGTON (Reuters) – The U.S. Supreme Court rebuked federal prosecutors on Friday for having paid $400,000 to a lawyer who represented the only defendant to be convicted in a former New Orleans police officer’s heroin-selling conspiracy.
In a 5-4 ruling, the court ruled in favor of the lawyers, who had been hired by the local prosecutor.
“A prosecutor’s obligation to serve the interests of justice is violated not only by a knowing exploitation of false evidence or false testimony, but also by a knowing failure to correct what he perceives to be false evidence or false testimony when he has the opportunity to do so,” Associate Justice Clarence Thomas wrote in the court’s majority opinion. “The government violated its own regulation by paying the $400,000 as the sanctioned lawyer’s fee.”
The case now turns to the Supreme Court’s handling of the matter, where the court’s liberal justices want to give the New Orleans U.S. attorney’s office a chance to explain itself.
New Orleans federal prosecutors had challenged the Supreme Court’s decision, arguing that the case was settled before the court became involved and there was no basis for the justices to be involved.
In a dissenting opinion, Associate Justice Stephen Breyer said federal prosecutors “had no obligation to recoup” the money from the city. He said the city of New Orleans could have objected to the excess money paid to the lawyer as a breach of the prosecutor’s bond.
“There was no explanation why the $400,000 would be appropriate for payment of counsel fees, and there was no indication of the basis for their conclusory assertion that the $400,000 was reasonable,” Breyer wrote.
Thomas, joined by the court’s four other liberal justices, overruled New Orleans federal prosecutors.
At the time of the guilty plea in 2007, the only defendant was Carlton Gary,
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