More Misconduct By Nancy Grace
I previously wrote about Nancy Grace’s egregious misconduct as the prosecutor in the murder trial of Wayne Carr. Carr was accused of killing his wife by setting their house on fire. Grace obtained a conviction from the jury but a unanimous Supreme Court of Georgia reversed, finding that Grace had engaged in misconduct.
The Georgia Supreme Court noted that Grace's conduct “demonstrated her disregard of the notions of due process and fairness, and was inexcusable…” The Court disapproved of Grace’s tactics that seem to show that Grace “attempted to subvert or circumvent the right of an accused…”
The unanimous court rebuked Grace for “patent misrepresentations of fact” and for providing the trial judge with false information.
The Court summed up Grace’s conduct by noting that she “engaged in an extensive pattern of inappropriate and, in some cases, illegal conduct in the course of the trial.”
I do not know whether or not Wayne Carr killed his wife, but he either did or didn’t. If he did, then Nancy Grace’s misconduct resulted in setting a murder free. If he didn’t do it, then Nancy Grace’s misconduct resulted in the conviction and (temporary) incarceration of an innocent man. Either way, Grace’s conduct is reprehensible.
Via Talk Left, I learned that Grace’s conduct in the Carr trial was not an aberration. The Eleventh Circuit Court of Appeals, in an opinion written by William Pryor (yes, that William Pryor, sitting as a result of a recess appointment) again rebuked Grace for unethical conduct as a prosecutor.
Jonathon Ringel reports:
Nancy Grace, the host of a self-titled legal show on CNN Headline News, "played fast and loose" with her ethical duties as a Fulton County, Ga., prosecutor in 1990, a federal appeals panel has declared…. The three-judge panel on Monday criticized Grace for not following her obligations to disclose to the defendant's lawyer information about other possible suspects. The 11th Circuit also agreed with a magistrate who found it hard to believe that Grace did not knowingly use a detective's false testimony that there were no other suspects.
Grace prosecuted Herbert Connell Stephens for a triple murder. The police had previously obtained arrest warrants for two people other than Stephens in connection with the murder. Grace failed to inform the defense of those warrants despite an ethical and legal obligation to do so. Apparently, Grace also knowingly allowed one of her witnesses to falsely testify that there were no other suspects.
I do not practice criminal law but that seems to be a pretty important omission. In order to get an arrest warrant, the police must submit evidence showing probable cause that the two men were responsible for the crime. A judge has to decide that probable cause exists.
If Stephens’ lawyer mounted a reasonable doubt defense, he could have a field day cross examining the police officers who submitted the evidence to obtain the warrants. He could also waive around the probable cause finding to show that even a judge thought someone else committed the crime. After all, if the cops and a judge thought that there was probable cause to think that two other people committed the crimes, doesn’t that go a long way towards establishing reasonable doubt that Stephens was the culprit?
There is never any excuse for a lawyer to knowingly submit false testimony. That strikes at the heart of justice. If Grace did so, she should be disbarred.
We will never know how a jury would have reacted to the evidence that Nancy Grace supressed by deciding to “play fast and loose" with her ethical duties.
Ringel notes that the Stephens case is the third time Grace has been rebuked for breaking the rules. In addition to the Carr and Stephens cases:
In 1994, the Georgia high court voted 6-1 to reverse a heroin trafficking conviction won by Grace because she "exceeded the wide latitude of closing argument" by referring to drug-related murders and serial rape, which were not at issue. Bell v. State, 263 Ga. 776 (1994).
Once again, I do not know if Bell was guilty, but either Grace convicted an innocent man by breaking the rules, or a guilty man went free as a result of her misconduct.
As a practicing lawyer, I have an obligation to zealously advocate for my client’s interests within the bounds of legal ethics. Prosecutors are different. They do not represent the narrow interests of a person or firm. They represent all of the people of the jurisdiction. The interest of "the people” or "the state” is not legal victory but, rather, justice. A prosecutor who breaks the rules has violated his or her obligations as the legal representative of the people.
On at least three occasions, Nancy Grace was more interested in obtaining convictions than promoting justice. She violated her duties as the lawyer for “the people.” She ignored the ethical requirements of the legal profession. I do not watch her show and have no opinion as to her qualities as a TV personality. As a prosecutor, she was a disgrace.
Comments
Not even Nancy Grace deserves Nancy Grace as a prosecutor.
Posted by: Eric | May 6, 2005 07:42 AM
Further proof that this woman cares only for herself and no one else. The only reason she claims she cares about the victims of crimes is because she perceives *herself* as such a victim. Consoling victims and convicting people (in either a court of law or one of public opinion) is her way of obtaining solace for the pain over losing her fiance.
Don't get me wrong; I am not against her speaking for victims, but that does NOT excuse her reprehensible and quite rancid behavior. One seriously has to wonder whether or not her so-called concern for victims is genuine or borne out of blind emotional misery. Of course, there is a saying that "misery loves company." She certainly loves to perpetuate it. Need I say more?
Posted by: Tim Garbot | May 6, 2005 09:02 PM
She is rude and disrespectful of other people's thoughts and ideas. She is not open-minded at all, and that is what someone bringing justice is supposed to be. Juctice is blind, and only weighs the evidence. Nancy Grace is biased and not willing to stand behind her quotes.
For instance when she promised viewers that Michael Jackson would be found guilty of all charges. Then proceeded to say that you should qoute her on that. When the acquittals were annonced, she said, "i knew that was going to happen. I knew it all along." She lied to the viewers and she was fake about it! I hated her even the more then.
Posted by: Bambi | July 22, 2005 01:48 AM
my comment is that she is a rude and hateful woman. She is also a borderline racist and she can fall all over herself denying it all she wants. As far as natalee hollaway is concerned I feel very bad for the parents. However i cannot understand how any white woman that goes missing in the USA becomes an "american beauty" tell me something is that title exclusive only to white women? There are also black "american beauties" and latino "american beauties" and "asian american beauties" and southeast asian "american beauties" and so on and so on. WHAT IS HER PROBLEM? I do not know the particulars of her fiance's death but it has turned her into a bitter and spiteful person. She is not the only one to have lost a loved one by violence. I would suggest some type of counselling for her. She is more to be pitied than laughed at.
Posted by: ethel | July 31, 2005 09:39 PM
Nancy Grace, 47, commentator for Court TV.
A “Victim of a violent crime”
THE DOCUMENTED STORY OF THAT CRIME
The Murder of Keith Griffin.
What has she told us about what happened that violent day?
In searching through interviews, magazine and newspaper articles here is what she has said.
Then there are the documented facts gleaned from interviews with Jurors, Attorneys, Judge, Witnesses and newspapers in the area.
First the date, she has said at various times, it happened in 1987, 1985, 1982 and 1980. You would think a date that according to Ms. Grace “changed her life forever” would be burned into her soul. A seminal event!
The date was August 6, 1979 .
She said it happened in a remote wilderness.
It was on the entrance road to the Georgia Kraft Plywood Co. and US Hwy. 278, 1 ½ miles from downtown Madison Ga.
She said her boyfriend did not know his assailant.
They were friends, work for the same construction Co. In fact the prosecutor at trail based part of his case on the assailant killing a friend.
She said her boyfriend was 25.
He was 23.
She said the assailant was 25.
He was 19,
Said assailant was on parole
He was not.
Said he had a record.
He did not.
Said it was a murder for profit.
It was not.
The man was out for revenge after being fired from his job at the construction Co.
Said her boyfriend was driving a jeep,
It was a Bronco that belonged to the Construction Co.
Said it was robbery.
It was not.
Said they found Keith’s wallet with $35.00 and her picture in McCoy’s home
No wallet was found in his home. Just the 38 cal. revolver Ser# 33866 . (Griffin’s wallet was found several days after the incident in the Bronco, by Eli Ingram,)
Said it was a mugging.
It was not.
Said it was random.
It was not.
Said he was still alive when he arrived at the hospital.
He was pronounced dead at the scene .
Said she was asked by Joe Briley the District Attorney if he should seek the death penalty. Grace said she told him No and has regretted it ever since. (If that were true you would think Briley would have asked Griffin’s parents. rather than a 21 yr. old kid .
The State did ask for the Death Penalty. The jury voted against it.
She said she testified at the trial.
Two Jurors, a Bailiff, a Defense attorney a Court Reporter and Judge do not remember any “white girl testifying”. (The transcripts were destroyed in a fire.) .
The Defendant never looked at her.
The accused stared at the floor during the entire trial. In fact he never spoke a word to his lawyer or anybody before, during or after the trial. (One exception)*
She said McCoy’s defense was “didn’t do it, you got the wrong guy
The truth is... there was never a doubt by anyone he did the crime (there is a confession)
The defense was insanity.
Said the Jury was out 3 days .
Jury was out 5 hrs.
She said there were many appeals.
There were none
Says she is 44 years old
.She is 47.
Documented narrative of what really happen August 6, 1979.
Keith Griffin 23, from Athens GA. and Tommy McCoy 19, an illiterate, mentally challenge Blackman, worked together for the Ingham Construction Co. on the Georgia Kraft Plywood Co. site outside Madison Ga.
McCoy was fired and was out for revenge. On Monday the 6th of August Mccoy left his house with a 38 cal. Revolver stashed in a brown paper bag.
Keith Griffin had taken the company Bronco to town to pick up lunch. Returning to Kraft he saw McCoy walking down the Company road at the intersection of US Hwy. 278.
Griffin stopped either to talk or to give a ride to McCoy. It is not clear which.
McCoy fired six shots at point blank range, five of which found their mark... McCoy then dumped the body in the back seat and in his rush, drove the Bronco in a ditch.
Joe Brown, a maintenance worker for the plant drove by in his truck and not knowing what had happed offered to help McCoy. He refused. Brown drove a few yards decided to return. He told McCoy he would take him to the hospital because of all the blood on his shirt.
The assailant then jumped in the passenger side of Brown’s truck, put the gun in the f ace of the Maintenance worker and pulled the trigger twice,( At trial he said the gun looked like a “stove pipe”) The gun was empty, Brown ran and McCoy took of in his truck..
Minutes later friends of Brown’s showed up and said they saw the truck and knew where it was. It was parked in McCoy’s driveway. He was arrested a few minutes later with the gun in his possession.
Keith Griffin was pronounced dead at the scene.
Tommy got a lawyer, a good one, Billy Prior. According to Prior, McCoy never said a word to him before, during or after the trail. (One exception). During the entire 1 ½ day trail the defendant stared at the floor without moving prior did a magnificent job explaining the psychiatric reports and mental history of the retarded defendant. McCoy had been judged “mildly retarded” by the Ga. Central State Hospital. (By the way, no one remembers a “white girl” testifying.)
It worked! The jury turned down the death penalty.
When the Jury came back and announced they would not render a death penalty verdict. McCoy turned to his lawyer and uttered his only words. “Does that mean I’m gonna live”?*
Tommy McCoy, GDC ID: 0000400964 was convicted of murder, aggravated assault (Brown) and found not guilty of robbery. He was sentence to life, with possibility of parole.
He is in his 26th year at the Hancock State Prison at Sparta Ga,
Sources: Interviews with two Jurors, Judge, Attorneys and the Bailiff. Court documents,
Larry King Live., New Republic, Atlanta Journal, the Madisonian and Macon Telegraph. Newspapers.
Interview Sources and Documents
Interviewed
Bill Scholly, Investigator, Buckhead Ga. williamscholly@bellsouth.net
Bill Prior, Attorney for Mccoy. Madison Ga.
Joe Briley, District Attorney. Madison Ga.
Columbus Johnson. Sheriff. Madison Ga.
Don and Eli Ingram, Ingram Construction Co. Madison GA.
Hugh Thompson, Judge. Madison Ga.
Roy Dobbs, Jury Foreman. Madison Ga.
Alonzo Farmer, Juror. Madison Ga.
Joe Brown, Second Victim. Madison Ga.
Janet Wilkerson, Court Reporter. Milledgeville Ga.
Documents
Notice of State’s intention to seek Death Penalty (Available on request)
Completed Verdict Forms. (Available on request)
Sentencing Documents. (Available on request)
Notice to suppress evidence. (Available on request))
Mccoy’s Personal History. (Available on request)
Jury Instructions. (Available on request)
Posted by: gaby8 | August 23, 2005 05:25 PM