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Law Enforcement: Detroit Prosecutor Charged With Misconduct for Allowing False Testimony in Drug Case, Misleading Jury

The head of the Major Narcotics Unit of the Wayne County Prosecutor's Office has been charged with professional misconduct for allowing an informant and two Inkster police officers to lie on the stand in a 2005 cocaine case and for misleading jurors in her closing arguments in the case, the Detroit Free Press reported, citing the state Attorney Grievance Commission. The prosecutor, Karen Plants, was reassigned from her supervisory position Tuesday, after the Free Press called Prosecutor Kym Worthy's office seeking comment on the charges, which were filed Monday.

Worthy was in the news just a week ago announcing she would seek criminal charges against Detroit Mayor Kwame Kilpatrick and his former chief of staff, Christine Beatty, for perjuring themselves in a police whistle-blower case. In announcing the criminal charges against the pair, Worthy said perjury cannot be tolerated in court proceedings.

But she was singing a different tune when it came to one of her prosecutors abetting perjury. Although Worthy conceded there was perjury in the 2005 drug case, she said Plants had properly notified the judge after the trial.

Still, Worthy had to reiterate her office's stance on perjury. "The Wayne County Prosecutor's Office does not condone perjury of any kind," Worthy wrote. "The office takes very seriously its obligations to the public, to the accused, and will continue to do so in the future."

Here's what happened: Informant Chad Povish gave police information leading to a 47-kilogram cocaine seizure in March 2005. During a preliminary examination, two evidentiary hearings, and the 2005 trial, Plants allowed Povish, Inskster Police Sgt. Scott Rechtzigel and Det. Robert McArthur to repeatedly deny they knew each other. That prevented defense attorneys from finding out Povish was a paid snitch and attacking his credibility, the commission charged.

Povish actually tipped off the police to a drug buy, then took duffel bags full of cocaine from one defendant before police arrived. He later told jurors he had never met the cops before and he didn't know what was in the duffel bags. Plants knew the claims were untrue, but never corrected them, the commission said. Even worse, she tried to buttress those false claims during closing arguments to the jury, characterizing Povish and another witness as "dummies who were stupid enough to be the carriers, the mules."

According to the commission, Plants told Wayne County Circuit Judge Mary Waterstone twice that the cops and informant had lied, but neither Plants nor the judge notified the defense. "He knowingly committed perjury to protect the identification of the" informant, Plants told the judge in one instance. "I let the perjury happen."

Waterstone said she understood the perjury was committed to protect the snitch's life, a claim made by Plants. But the commission pointedly noted that prosecutors had produced no evidence that Povish's life was indeed in danger or would be if his role was disclosed.

Waterstone has since retired from the bench.

The prosecutor's office later filed a confession of error in the case of one defendant after he was convicted, but both defendants ended up taking plea bargains with significant prison time. But they also both appealed, and one of them, Alexander Aceval, saw his case sent back to the appeals court by the state Supreme Court to decide if the perjured testimony denied him a fair trial.

Aceval's lawyer, David Moffitt of Bingham Farms, told the Free Press the episode is "the worst instance of police, prosecutorial and judicial misconduct" he has seen. "Not only did they attempt to unfairly convict my client, they covered up and lied in the face of accusations about the scheme."

Legal experts consulted by the newspaper agreed the charges were serious. "If a prosecutor violates a legal or ethical duty, the criminal justice system is perverted," said Larry Dubin, an ethics professor at University of Detroit Mercy School of Law.

Farmington Hills lawyer Michael Schwartz, grievance administrator for the commission in 1979-88, said: "The normal everyday result should be disbarment. But the mitigation is that she wasn't doing it for herself. She was trying to protect a confidential informant."

Schwartz also faulted Judge Waterstone, who he said should have declared a mistrial or told jurors witnesses had lied once she knew. "A judge simply cannot sit by and do nothing," Schwartz said. She "has to make sure the rules of ethics are adhered to."

Whether Wayne County Prosecutor Worthy will prosecute the lying police and informant like she is the mayor and his one-time paramour remains to be seen. Meanwhile, prosecutor Plants, who abetted the perjury and misled the jury, has been demoted, but is still on the job.

Drug War Issues Prosecution - Informants

Coleman young and his participation with the drug cartel

ou know what would be nice? if prosecuters were toy go after Coleman Young and his participation with the drug cartel in Michigan(cocaine). This problem runs not only in the city and county governments but also the police and the judicial system as well and is still going on to this day

Michigan Miscarriage of Justice

Michigans' judicial system needs a definate overhaul. Who keeps these tyrants; who carry the citizens' lives in their hands, at bay? It seems; Michigan, in it's entirity; needs a system of checks and balances.
The law ''providers,'' from the police, to the prosecutors, to the judges are getting far to carried away in the war against drugs; and have no scrupples what-so-ever; and will stop at nothing when it comes to scoring points for drug arrest and convictions.
After the police raiding many homes here on a whim, and warrantless; I should know.

Legal experts agreed the charges were Serious....!

They are beyond serious charges.... they are crimes of the highest magnitude! Sworn public officials who have violated their oathes to uphold and protect the constitution, the highest law of the land, deliberately violating the rights of fellow u.s. citizens... the reasons are irrelevant... beyond determining the full extent of the crimes & conspiracy.

"Legal experts agreed the charges were Serious"
Gee thanks... old wise-guys... for that brilliant brainstorm! How many collective years of expertise did it take you geniuses to think that one up?

"The normal everyday result should be disbarment"?
Really, I thought perjury was a felony.... I thought perjury was a crime... pure and simple... go directly to jail for 5 years. You'll be tried for your original crime(s) after you've served your debt to society... 5 yrs mandatory 'minimum' for each count... provided you survive!

We must continue to feed the industrial prison complex.... dozens of towns and thousands of guards and their families rely on uncle scam's illegal prohibition on marijuana (under the guise of regulation) and other victimless crimes!

We must continue to ardently ignore self-evidence & trash inalienable rights wherever we find them... in the name of our lord god, jesus christ all mighty... and dear lord please don't forget to 'save the children'... we need their pliable minds now so we can indoctrinate them for slave labor later!

Go Green Panthers,

Billy B. Blunt
Tacoma, WA

shes a bitch

any prosecutor or judge convicted or charged with perjury should go to prison because this aint their 1st time just think of all the people sitting in jail for cases she or he lied about but didnt get caught every person who plead or got found guilty should get time cuts or immediate dismissals just because the way they broke the law n who they were

perjury...

The day will come!!!
The day will come when marijuana will be found to be the beneficial plant that it isand will be removed from all criminal codes everywhere.
The day will come when "they" quit lying to the public about drugs, and put into perspective the big pharmas, who support this bs, and the immense profits they take from this same public.
The day will come when those who suffer jail unjustly will be freed and the lying thieving white collars will pay for their very real crimes and take their proper place in this prison industrial complex as prisoners!
That day will come, and even then it behooves us to continue to respect ourselves and the pot we smoke, for our betterment physically and our relaxation mentally. And our enlightenment.
In the meantime keep the faith and keep up the good work.
Always speak out against injustice.

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