Ethics problem: Former Texas prosecutor disbarred for creating false testimony.

A former prosecutor who used false testimony and withheld evidence to send a now-exonerated man to Texas' death row has lost an appeal to overturn his disbarment.

The Dallas Morning News ( http://bit.ly/1TPB1fq ) reports that the Board of Disciplinary Appeals on Monday upheld the decision of the State Bar of Texas to disbar Charles Sebesta. The board's decision is final.

In case you were wondering, yeah, it's illegal, and even more: prosecutors are supposed to held to a higher standard as they often have access to information that others do not. 

What does the prosecution have to share with defendants?

According to the rules of professional conduct, prosecutors have an ethical duty to share information with the defendant that might possibly be exculpatory - in other words, the evidence could prove that the defendant didn't do the charged crime.
But apparently this is news to prosecutors in North Carolina, who are defending their decision not to turn over exculpatory evidence for a man who spent 17 years in prison. Article here.

When should you talk to the cops?

When should you talk to the cops? Never. Usually,the way you answer the questions of a police officer affects your Fifth Amendment Rights . . . so perhaps you shouldn't answer it. One of the purposes of the Fifth Amendment (which says you can't be compelled to be a witness at trial against yourself) is to protect innocent people who would otherwise be convicted by evidence they might give. (citation omitted).

 1. It can't possibly help if you talk to the police, or attempt to talk your way out of getting arrested. What you tell the police can't be used to help you at trial, even if it's exculpatory, because it's hearsay, and won't be in evidence.

2. Even if you want to admit that you did something wrong, why do it now? You'll get the chance to admit to guilt later, once you're represented by an attorney, who can help you get a plea deal, and present things in the best light possible. Watch this video to get a law professor's take on this. It's long, but worth it, and it continues in a few more videos. My blog posting here is essentially a re-cap of that video.

3. Even if you're innocent, and you think it's OK to talk to the police, you could tell a lie accidentally that will make you look guilty. It's a stressful situation when you talk to the police. Even if you only tell the truth, you might give some information to the police that can end up helping convict you.

 4. Even if you only tell the truth, what's the guarantee that the officers will recall what you said with 100% accuracy when (or if) this gets to a trial? Even if the officer's not correct when he re-tells your story, the jury will probably believe the officers, and not you.