New Orleans Prosecutor Accidentally Drops Joint While In Court

The problem with being a prosecutor is that you’re often held to a higher standard.  Minor screw-ups aren’t easily swept under the rug; rather, they are dwelled upon by your superiors and the public.  Often times the only way to survive termination or forced resignation is if someone else makes an even bigger mistake.  Like for instance, if another prosecutor in your office accidentally drops a marijuana joint out of their pocket in court.

Jason Cantrell, a New Orleans assistant city attorney, did just that while standing in front of local cops while in court.  If there was another person in Cantrell’s department who was facing the chopping block, we’ll never know now because Cantrell’s antics have become the talk of The Big Easy.

Details are sparse as to exactly what Cantrell, 43, was doing there that day, but according to reports he wasn’t at court for work purposes.  Sources state that when the joint fell out of his pocket, two officers noticed it, looked at each other in bewilderment, and then proceeded to take Cantrell out of the room to write him up.  It’s unknown how Cantrell responded to the cops’ observation, but if ‘80s era sitcoms are to be believed he likely shrugged his shoulders while a tuba played “whomp whomp” in the background.

Fortunately for him, local laws are pretty lenient on first time drug offenders.  Cantrell was cited and released for his transgression.  He’s currently awaiting trial.

Now aside from the obvious question of why a government attorney would think bringing drugs into a courthouse would be a good idea, many people may be wondering whether this means those prosecuted by Cantrell might have their charges dismissed or convictions overturned.  Well, the answer is no.  But good try.

We’ve talked a lot about prosecutorial misconduct in the past.  Basically, when it happens, a defendant can cite the behavior to an appellate court as grounds to dismiss their conviction.  And usually if it’s found to be true, that’s exactly what will happen.

The problem for any defendants in this case is that Cantrell’s conduct, while illegal under the law, doesn’t amount to any sort of appealable misconduct.  The reason is because the improper behavior must directly affect the outcome of a defendant’s case.

Things like tampering with or falsifying evidence, having witnesses give fraudulent testimony, bribing the jury, etc., would all be examples of prosecutorial misconduct.  As you can see, what these actions all have in common is that if they can directly change whether a defendant is found guilty for their alleged crime.

Conversely, if a prosecutor got high on weed, that would only affect their ability to do their job.  It wouldn’t make the evidence and testimony against a defendant any less true or false.  Much like a mental or physical condition, a stoned government attorney could still do their job ethically as long as they adhere to the rules of court and the defendant’s constitutional right to a fair trial.

It’s unknown whether Cantrell ever imbibed while on a case, but even if he did, a court likely wouldn’t find such evidence to be grounds for dismissing any of his previous convictions.  If anything, it’d be more of a miracle that he was somehow still able to win despite being stoned.

Cantrell has since resigned from his position following the incident.  In addition, his wife, a city council candidate, has stated her desire that he seek professional help for his alleged issue.

Looks like the party’s over.