Lawyer to be Suspended Over Conduct
Legal Blog Updates
The former head of the Wayne County, MI Prosecutor Office's drug unit will be suspended with pay Friday and now faces an investigation that could lead to criminal charges for her actions in a 2005 cocaine case.
Prosecutor Kym Worthy, in a prepared statement released late Wednesday afternoon, said she asked the Michigan Prosecuting Attorney's Coordinating Council to find a prosecutor to probe Karen Plants' conduct in the case in which she allowed perjured police and witness testimony. Plants said she did so to protect the identity and safety of a paid informant.
Legal ethics experts and criminal attorneys said the allegations against Plants -- using perjured testimony to win a conviction -- strike at the heart of the criminal justice system.
"I would not bother to ask my class about it, the answer is so obvious," said Len Niehoff, a University of Michigan professor of evidence and legal ethics.
"As a prosecutor, you strike hard, fair blows and let justice be done," said defense lawyer Walter Piszczatowski, a former state and federal prosecutor. "Sometimes you face that choice: Disclose the confidential informant or kiss your case bye-bye. In the end, you have to do the right thing. You don't have people lie."
He said he was especially troubled that the informant stood to collect a percentage of the assets seized from the alleged dealers.
"The guy's got a tremendous motive to lie," Piszczatowski said. "Maybe the testimony's not about trapping criminals. It's about making money, and that's scary."
Worthy asked for the outside prosecutor because it would be a conflict of interest for her office to investigate Plants, a 17-year veteran of her office.
Plants was charged Monday with professional misconduct by the state Attorney Grievance Commission and could lose her law license. The commission also accused Plants of intentionally misleading jurors in her closing arguments. Worthy reassigned Plants from head of the office's Major Drug Unit on Tuesday.
Worthy's request Wednesday for a special prosecutor, which was done pending approval by the attorney general, raises the specter of a top figure in the battle against illegal drugs undergoing a criminal investigation.
Kim Warren Eddie, the council's assistant executive director, said his office should be able to find another prosecutor to pick up the matter within "a couple of days." Reassignments are made many times a year because a potential case involves someone with close professional, personal or family ties to a local prosecutor, Eddie said, adding that the Attorney General's Office could opt to handle the case itself.
Worthy would not comment beyond the prepared statement. Plants' lawyer, Kenneth Mogill, said that "on a personal level it's hard" for his client.
"But it's the right thing to do institutionally," he said. "And just as Kym Worthy is doing the right thing for the institution while this cloud hangs over Karen's head, the evidence is going to show that Karen acted with similar total integrity while prosecuting the case."
The grievance commission, the state Supreme Court's watchdog, charged Plants with professional misconduct Monday for allowing two Inkster cops and their confidential informant to lie under oath during a 2005 cocaine trial.
The episode stems from a March 11, 2005, Downriver drug bust that took 47 kilograms of cocaine off the streets.
During a preliminary examination, two evidentiary hearings and the trial, Plants allowed the officers and a witness to hide his role as the confidential informant, repeatedly denying that they knew one another, preventing defense lawyers from challenging the informant's credibility.
The informant, a paid tipster, was arrested during the bust but was freed without being charged.
Related listings
-
DOJ Presses Bribery Case
Legal Blog Updates 04/02/2008A US Department of Justice spokesman said Monday that the department would continue to press its bribery case against Rep. William Jefferson (D-LA) despite the US Supreme Court's refusal to review an appeals court ruling that held the FBI's conduct d...
-
New Hampshire Adopts Rule for Clients Who Email
Legal Blog Updates 03/28/2008New Hampshire adopted a rule that clearly protects persons who, in good faith, e-mail confidential information to a lawyer from having the lawyer use the information against the prospective client. The comments to New Hampshshire Rule 1.18 prov...
-
Detroit Mayor Faces Felony Charges
Legal Blog Updates 03/24/2008DETROIT, Michigan -- Detroit Mayor Kwame Kilpatrick and an ex-aide were charged Monday with perjury and obstruction of justice after prosecutors said sexually explicit text messages between the two contradicted their sworn court testimony.Detroit May...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.