Justice and fairness were banished as absolute immunity crept its way into the Judicial System along with the for-profit prison system.
The Supreme Court held that absolute immunity protects prosecutors who knowingly used false testimony and suppressed evidence in a murder trial. Following the high Court’s lead, the lower courts granted absolute immunity to prosecutors who have falsified evidence, coerced witnesses, and known but failed to disclose police misconduct.
So here we are sitting prey to a system that has the power to incarcerate innocent people without any consequences for their actions. Anyone, anywhere, can fall victim to police and prosecutor misconduct. Prisons are filled with people who took a plea deal even though they were innocent but feared a long sentence if taken to trial. The prosecutor can lie, cheat, coerce, choose from a list of evils to destroy a life for a win and walk away with immunity. How is that constitutional?
I witnessed evil firsthand in Brooksville, Florida. In 2007, then prosecutor, Ms. Lisa Herndon’s behavior was on display as she proceeded to prosecute cases with no evidence of a crime. The judge bowed to her every whim, which amounted to the scales of justice leaned in her favor.
Ms. Herndon did not perform investigative work. The proof was displayed in her outright ignorance of facts and lack of care. What is illegal, was permitted in Hernando County, FL. Detectives did not follow interrogation procedures; investigative work did not follow every interrogation. Therefore, fraudulent non-investigated tapes were submitted to the prosecution. Ms. Herndon did not further investigate, she further edited tapes for her benefit, the presiding judge authorized it.
What I saw in 2007 was a corrupt tape that was put together by detectives who lacked knowledge of facts and history. The tape was edited to make it appear a person admitted to a crime. It is obvious this behavior was ongoing between the detectives and the prosecutor; the judge could have been involved as well. No physical or DNA evidence was required. Historical timelines did not need to be accurate. The facts were not needed. The outright corruption and lack of care was horrific.
Ms. Lisa Herndon was later appointed to the judgeship by former Governor Rick Scott after she railroaded countless citizens into the for-profit prison system. Human lives were incarcerated without proof of a crime, lacked investigative work, and no physical or DNA evidence. A high conviction rate was all that mattered.
Why would a defense attorney take money to represent a client while knowing the unscrupulous behavior of the prosecution? The defense attorneys Jimmy Brown and Ashley Aulls of Brooksville, Florida did just that. The only conclusion that can be reached is the defense attorneys were involved in the railroading of clients while collecting money.
There is no Justice System when it is run like a sporting event for a prosecutor conviction rate score. Guilt or innocence does not matter. Human life is used as a commodity by prosecutors for a high conviction rate.
It is a big club, and we are not in it. To witness such utter all-around evil is something no one should ever fall victim to or witness, yet it is common all over the USA.
With the stroke of a pen, the Supreme Court allowed evil to prevail.