Supreme Court disbars Attorney for allowing a Police Officer to lie in a CP trial.(AZ

[softheart]

May 29, 2004

Arizona

Supreme Court disbars Peasley

The disbarment stems from allowing a Tucson police detective to lie while
testifying in two capital murder trials.

A.J. FLICK, Tucson Citizen

The Arizona Supreme Court has disbarred a former Pima County prosecutor
for allowing a Tucson police detective to lie on the stand in two capital
murder trials.

In a unanimous decision issued yesterday, the justices said evidence
"clearly and convincingly" supports the contention that Kenneth J. Peasley
intentionally violated ethical laws in allowing Joseph Godoy to testify
falsely at trials in a 1992 triple homicide.

"Peasley violated his duty as a prosecutor to seek justice," Justice
Michael D. Ryan wrote in the disbarment opinion.

"By presenting false testimony in the prosecution of two defendants
charged with capital murder, Peasley violated one of the most important
duties of a lawyer," Ryan wrote.

The disbarment case stems from trials for Andre Minnitt and Christopher
McCrimmon in a triple slaying at the now-defunct El Grande Market, near
South Park Avenue and East 36th Street.

At Peasley's prompting, former Tucson police Detective Godoy testified
during a 1993 combined trial for Minnitt and McCrimmon and again at a
Minnitt retrial in 1997 that neither was a suspect until key witness Keith
Woods reported that both defendants had confessed to him.

But Godoy had determined both were suspects before he talked with Woods, a
Supreme Court hearing officer found.

Godoy's testimony was meant to counter any defense attorney's suggestion
that Godoy fed Woods information about the defendants, the hearing officer
wrote.

A perjury case against Godoy was taken to state grand juries three times.
One grand jury refused to indict. Two others indicted him, but both
charges were later dismissed. He retired before the first indictment in
2001.

The justices found Peasley's misconduct caused harm because he "sought and
obtained the convictions and the death penalty against two capital murder
defendants, using false testimony to establish a crucial fact."

"Such harm is particularly egregious," Ryan wrote.

Peasley retired from the Pima County Attorney's Office in December 2002,
after a state Supreme Court panel and the State Bar recommend disbarment.
He had worked for the office for 28 years and was named twice as Arizona
prosecutor of the year.

County Attorney Barbara LaWall is out of town and unavailable for comment,
according to her spokesman, Dan Benavidez.

Peasley has been working with attorney Brick P. Storts III, who said
yesterday that Peasley will continue to work in his office as a paralegal.

"He's one of the brightest lawyers I've ever worked with," Storts said.

Godoy also works in Storts' office.

After five years, Peasley may ask the Supreme Court for reinstatement to
the Bar.

Peasley could not be reached for comment.

Attorney James W. Stuehringer argued to the Supreme Court in November that
Peasley's due-process rights were violated in a disbarment hearing because
a report was allowed by the hearing officer that noted findings of
misconduct from a Pima County Superior Court judge who was later found to
have been influenced by FBI agents.

Yesterday, the justices disagreed that Peasley's rights were violated.

Stuehringer told the Supreme Court that Peasley deserves leniency, such as
a 60-day suspension, because in 28 years of practicing law "there is not a
single mark against him."

Minnitt and McCrimmon were convicted and sentenced to death in the
killings. Those convictions later were overturned because of problems
unrelated to the alleged perjury. McCrimmon was acquitted in his second
trial, and Minnitt's retrial ended in a hung jury.

Minnitt was tried a third time, convicted and sentenced to death, but the
Arizona Supreme Court ordered the conviction overturned and the charges
dismissed with prejudice - meaning they can't be refiled - because of
Peasley's and Godoy's actions.

Minnitt remains in prison on unrelated convictions.

A third man, Martin R. Soto-Fong, was convicted of first-degree murder in
the killings and was sentenced to death. He is in prison on death row.

---

Source : Tucson Citizen

[haswtch]

WOW! A prosecutor held accountable? let's hope this case resonates...

[Kyla]

Unfortunetly, his only one of many. It happens everyday in courtrooms across the U.S for prosecutors to get there ultimate sentence, the death penalty.

Hopefully now one has been found out, the others will think before they act, and give fairer trials.

I can only dream!!!!!! One day they will all come undone.

[Snapdragon]

Softheart you are awesome!!! I have so much respect for your ability to search out and post these stories. Thanks so much.