The Wages of Sin Are….Nothing Much

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Generally speaking, prosecutors are protected from lawsuits even if they break the rules. And generally speaking, this is probably a good thing. The level of prosecutorial abuse that judges routinely tolerate is outrageous, but still, a wave of lawsuits against prosecutors from everyone ever jailed wrongly probably isn’t something we need.

But certainly there are limits. How about this, for example?

Prosecutors in the New Orleans district attorney’s office had intentionally hidden a blood test that would have unraveled the criminal case against [John] Thompson. By a stroke of luck, a young investigator scouring the crime lab files found a microfiche copy of it. Thompson’s blood type did not match. That single piece of evidence led eventually to Thompson being declared innocent of murder.

This came after 14 years on death row and one month before Thompson was scheduled to be executed. A New Orleans jury awarded him $14 million when he sued, but the case was appealed to the Supreme Court. So how did things go?

But oral arguments at the Supreme Court in the fall suggest he may not see a nickel of it. The high court has taken a dim view of suing prosecutors, and in Thompson’s case, the court’s conservatives led by Justice Samuel A. Alito Jr. questioned whether the district attorney’s office should be held responsible for the misdeeds of a few prosecutors.

This isn’t even fancy DNA evidence. Prosecutors deliberately withheld evidence that Thompson had the wrong blood type and blithely sent him to death row. And yet Sam Alito is disturbed at the idea that the district attorney’s office should be held responsible for the misdeeds of a few prosecutors. Jesus Christ.

HERE ARE THE FACTS:

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ONE MORE QUICK THING:

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As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

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