Terror case prosecutor is probed on conduct

[Bozita]

http://www.freep.com/news/locway/probe17_20040117.htm


Terror case prosecutor is probed on conduct


Outcome of investigation could give the defendants a new trial

January 17, 2004


BY DAVID ASHENFELTER
FREE PRESS STAFF WRITER




The U.S. Justice Department is investigating possible misconduct by the lead prosecutor in last year's terrorism trial in Detroit, a development that could force a new trial.

Department officials told the Free Press this week that U.S. Attorney Jeffrey Collins requested the investigation in November after discovering possible ethical violations involving the prosecutor, Assistant U.S. Attorney Richard Convertino. The inquiry is being conducted by the Justice Department's Office of Professional Responsibility (OPR), according to the officials, who spoke on condition of anonymity, fearing repercussions.

They said Collins told the department that Convertino:

* Tried to persuade a pretrial services employee at U.S. District Court to dig up damaging confidential information about a federal prisoner, Omar Shishani, so Convertino could discredit him at the terrorism trial. Shishani testified that Convertino's star witness, Youssef Hmimssa, was lying about the defendants in the terrorism case.
* Failed to inform another federal prosecutor before he approached a drug defendant to assist in the terrorism case. The other prosecutor wasn't aware of what Convertino had done until the man's lawyer asked for a reduction at sentencing, catching the other prosecutor off guard.
* Withheld evidence that defense lawyers could have used to attack the credibility of Hmimssa's trial testimony. Then, he threatened to launch a baseless criminal investigation against the lawyer when the lawyer threatened to report Convertino's conduct to the judge.
* Failed to get approval before arranging plea deals and sentence reductions for several criminal defendants. Collins wouldn't discuss the investigation.

more, lots more...

[J B]

1. If you believe in unlimited executive authority,

then this is not misconduct at all, is it?