Wow. Just wow. This is a perfect example of why prosecutors should not have absolute immunity. I respect the prosecutors I work with. Working with them day after day, I trust that they work hard to the best of their abilities but always within the bounds of integrity and justice.
When one goes off the rails and acts maliciously, however, there have to be repercussions. Police officers don’t have absolute immunity (only qualified immunity). Prosecutors should be held to the same standard.
The story of the persecution of Dr. Yetman in Houston (yes, persecution sounds strong, but read the story) is egregious and worth a read. The judge’s 7 page order (imbedded in the story) is definitely worth the read!!! It’s rare for a judge to find that a prosecutor intentionally sought a mistrial. It’s even more rare for a judge to so explicitly lay out every instance of a lawyer’s (much less a prosecutor’s) misconduct.
Dr. Yetman is a doctor in Houston accused of touching a little boy in his care at the hospital. Witnesses lined up to corroborate his claims that he was never alone with the child. The state’s case basically crumbled and even the judge says a “not guilty” verdict was all but inevitable. Until the prosecutor allegedly intentionally provoked a mistrial to avoid an acquittal. Wow. Just wow.