Much Ado About Prosecutorial Misconduct: Queens District Attorney Edition

Our society would like you to believe that the men and women currently working in our justice system are immune from corruption.  The reality is that the bell curve of life also applies to the morality of government employees.  Because for all the good upstanding government workers, there are always a few bad apples tossed into the mix.

The latest improper government conduct scandal comes courtesy of the Queens District Attorney’s Office.  The office has been accused of prosecutorial misconduct dating back to a 2000 murder case.

Petros Bedi was given 42 1/2 years in prison after he was convicted of killing a man at a nightclub.  The controversy centers around a key witness in Bedi’s prosecution.  Bedi’s attorney recently filed a lawsuit against the prosecutor’s office alleging the witness was paid for his testimony.  New evidence uncovered by Bedi’s lawyer reveals that Seraphim Koumpouras (the witness in question) received $16,640 for hotel bills and around $3,000 in cash six days before he testified.

Oh, and Koumpouras also got an extra $100 after he gave his testimony.

While this kind of stuff might sound unbelievable to some, the practice of prosecutors striking deals with witness in exchange for testimony is actually quite common.  Whether it’s for cash and/or a reduced sentence, this sort of backroom lawyering is pretty par for the course.

However, what isn’t normal is allowing your witnesses to knowingly lie in their testimony.  Which is allegedly what the Queens District Attorney is accused of allowing Koumpouras to do.  While on the stand, Bedi’s attorney attempted to impeach Koumpouras’ credibility by repeatedly asking whether he was paid or given anything for his testimony.  Though court papers eventually revealed that he was, Koumpouras denied getting any such compensation while under oath.  Shockingly still is that the prosecutors, who allegedly knew of the compensation, stood by and let their witness lie on the stand.  All of this ultimately helped put Bedi behind bars.

The DA’s office responded by saying they’ll fight the lawsuit vigorously.  However, as the evidence stands, “vigorously” might not be enough.

We’ve detailed prosecutorial misconduct in the past, and unfortunately it’s not as uncommon as most would like to believe.  Fortunately, for those afflicted by it, there are a number of solutions available for them to pursue.  Those wrongly accused can seek monetary damages, court and bar association sanctions against the prosecutors, and (as in Bedi’s case), overturning a past ruling.

However, the catch is proving the misconduct.  Generally, it can be quite difficult to appeal or overturn a court’s ruling.  And it only gets harder as time goes on because evidence and witnesses become harder to track down.  Fortunately in Bedi’s case, he may actually have a shot at winning his case.  His legal team allegedly tracked down records that showed Koumpouras’ compensation and when cross-referenced with the court transcript, Bedi could at the very least prove that Koumpouras was lying.

The bigger issue is figuring out a way to stop misconduct like the kind prosecutors are accused of doing in this case.  While the easy solution would seem to be to ban the cutting of deals with witnesses, the problem is that doing so would also greatly increase the burden on the justice system to process cases.  Unfortunately, with the number of cases flooding today’s court system, legal backroom dealings are one of the few things keeping cases moving forward.

Though not everyone may agree, plea bargaining in the justice system is a necessary evil.  Hopefully, the safeguards in place will keep everything fair.