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

Submitted by Phillip Smith on (Issue #530)
Drug War Issues
Politics & Advocacy

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.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

Anonymous (not verified)

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

Thu, 04/03/2008 - 11:37pm Permalink
Anonymous (not verified)

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.

Fri, 04/04/2008 - 4:52pm Permalink
Anonymous (not verified)

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

Fri, 04/04/2008 - 6:38pm Permalink
Anonymous (not verified)

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

Mon, 05/05/2008 - 1:52pm Permalink
Anonymous (not verified)

In reply to by Anonymous (not verified)

Karen Plants has been using PERJURED testimony for her entire career.
She used PERJURED testimony in my case, almost 20 years ago, and the Judge (Denise Page Hood) not only recognized the fact that Karen Plants was using PERJURED testimony........But commented on it durring the trial.
However.....durring the jury instruction, and in closing arguments.......nothing was done about it......as a matter of fact......the Judge allowed Karen Plants to Vouch for the truthfullness and character of the prosecutions witnesses!
Durring instruction to the jury....the Judge refused to instruct the jury that PERJURED testimony was used by the prosecution.
My case was a joke, and it ruined alot of lives.
My crime.....I was home on a Wednesday morning.....when 2 dope fiends broke in and attacked me in my home......

Thu, 04/16/2009 - 10:43pm Permalink
AnonymousVictim (not verified)

In reply to by Anonymous (not verified)

It is overwhelming the number of lives that have been ruined by officers/witnesses willing to perjure themselves in court. Many innocent lives have been ruined. It's not only Michigan. It is in all 50 states; the judicial system is corrupt and broken. Most either know someone who has been wrongly accused or mistreated in some fashion by LE and the courts, or has either experienced this themselves. It has become evident that we would rather spend money locking up innocent people or for lesser crimes, rather than educate and encourage our citizens to have a good life. The most effective method to curb abuses is to legalize drugs. Get the money and asset fortfeiture out of the courts and you remove the motivating incentive. Take the money the government makes off selling drugs and pay public defenders a reasonable salary. Let's level the playing field, for Christ's sake.
Fri, 07/27/2012 - 8:48am Permalink
Anonymous (not verified)

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.

Wed, 05/14/2008 - 12:30am Permalink
Anonymous (not verified)

FELLOW TAXPAYER'S DO NOT LISTEN TO MS WORTHY A FRIEND OF MINE WAS TORTURED IN DEARBORN MI MS WORTHY'S OFFICE WAS APPROACHED ABOUT IT EMAILED ABOUT IT AND WRITTEN ABOUT IT
GUESS WHAT THE VICTIM ALL OF A SUDDEN HAD DETROIT COP'S ACTIVE AND RETIRED HARRASSING AND INTIMIDATING HER,EVEN WHEN THE VICTIM WAS CROSSING THE STATE LINE'S TRYING TO GET AWAY.
GO TO FREEPRESSS.COM/OPINION/FORUMS.MS WORTHY'S OFFICE IS LITERALLY 100 % CORRUPTED AND THIS IS LITERALLY NO LIE.SHE TALK'S WELL ON THE NEW'S WITH PREPARED SPEECHE'S BUT HER OFFICE DELIBERATLEY IS STONEWALLING A HONEST AND TRUE INVESTIGATION INTO THE TORTURE OF THIS CRIME.THIS WOMAN WHO WAS TORTURED SHE'S LEARNING DISABLED AND A FEDERAL EMPLOYEE CRIIMINALLY SOLICITED THE TORTURE THAT'S WHY WHEN IT WAS REPORTED TO THE FBI 3 TIME'S SURVALLANCE AND INTIMIDATION OF THE VICTIM INCREASED ON A SCALE OF ALOMOST DISBELIEF.YOUR TAX DOLLAR'S ARE LITERALLY BEING USED FOR THIS,YOUR MONEY.BELOW IS WHAT IS POSTED ON FREEPRESS'S POLITICS FORUM

FELLOW MICHIGAN TAXPAYERS:

SOON I WILL BE DIRECTING YOU TO 3-5 BLOG'S ON THE INTERNET THAT WILL DETAIL THE TIMELINE OF TORTURE OF A LEARNING DSABLED WOMAN IN DEARBORN MI:

THIS POST IS TO LET YU KNOW THIS SO YOU CAN LOOK FOR THEM:

FELLOW MICHIGAN CITIZENS:

I WANT YOU TO KNOW TO TRY AND UNDERSTAND THAT WHEN THIS BECOME'S PUBLIC AND IT WILL YOUR POLICE DEPARTMENT'S IN THIS STATE WILL NO DOUBTLEY LIE THRU THEIR TEETH ABOUT WHAT HAPPENED AND THEY WILL TRY AND USE SOPHISTICATED SPEECH TO DISCREDIT THE VICTIM:THEY WILL USE CIRCUMSATNCE'S THEY CREATED TO DISCREDIT HER,THEY WILL DELIBERATLEY INFLATE HER PAST TO TRY AND DISCREDIT HER: SEE MY FRIEND WAS TORTURED REPEATEDLEY:WHEN SHE TRIED TO RUN FROM THE SITUATION THEY STALKED HER,HARRASSED HER,ASSUALTED HER,INTIMIDATED HER,CRIMMINALLY SOLICITED HER AND SINCE THE FEDERAL GOVERNMENT DIFFINITLY SEEM'S TO BE IN PLAY HERE BECAUSE A FEDERAL EMPLOYEE WAS INVOLVED IN THE CRIMMINAL SOLICITATION OF THE TORTURE IN 2006,THESE GOVERNMENT AGENCIE'S HAVE USED RESOURCE'S TAT ARE PAID FOR THRU YOUR TAX DOLLAR'S TO SPIN THE VICTIM INTO A PHYCHIATRICT WARD TO DISCREDIT HER/USING CORRUPT MENTAL HEALTH OFFICIAL'S.

"EXAMPLE TYPE IN AT GOOGLE "STALKING" THEN GO TO WIKOPEDIA'S WEB PG HERE YOU WILL CLEARLY SEE THAT THIS PRACTICE OF USING CORRUPT MENTAL HEALTH OFFICIAL'S IS SO COMMON PLACE THAT EVEN WIKOPEDIA HAS IT ON THEIR WEB PG"

SEE THIS STATED OUT AS A STALKING AND CRIMMINAL SOLICITATION OF TORTURE BUT WHEN THE VICTIM STARTED REACHING OUT TO THE ACLU AND THEN THE FBI IN DETROIT WHEN SHE TOLD THEM A GOVERNMENT EMPLOYEE WAS INVOLVED THEY IN TURN AIDED LOCAL POLICE DEPARTMENT IN HER CITY AND ALONG HER ROUTE'S TO HARRASS INTIMIDATE AND STALK THE VICTIM TO PUT HER IN A PERPETUAL CIRCLE OF POWERLESSNESS AND HOPLESSNESS/THE POLICE HAVE EVEN USED RETIRED DETROIT POLICE OFFICER'S,AND STREET PEOPLE TO INTIMIDATE HER AT BUS STOP'S AND OTHER PLACE'S SHE GOE'S ALONG HER ROUTE'S.THE OTHER REASON'S FOR THIS CONSTANT CYCLE OF HARRASSMENT AND INTIMIDATION IS TO COVER UP WHAT THEY HAVE ALREADY DONE:

" PERSONNAL FOOTNOTE-FAMILY"

I WILL BE REPOSTING SOON.

THANK YOU

New post Reply to this post Report Abuse

Forums » Politics » Torture/Cover Up in Dearborn Mi

Fri, 02/27/2009 - 1:35pm Permalink
AnonymousVictim (not verified)

In reply to by Anonymous (not verified)

Sadly, this too is happening everywhere, especially to woman with disabilities. Some have lost all, including the trauma of physical assaults, even crippling. Some have been silenced permanently; that's right, they're dead. I wonder the significance of 2006/07, for this seems to be the time when gangstalking and other violence and torture was the norm in America. In her case, was there any connection to AA/NA? I have just read some damning remarks concerning these programs and gangstalking/gaslighting. I know that Sheriffs, LE are complicit. Seems then there was no leadership to be had. I have also read that when LE/other leadership take part in and/or ignore criminal behavior, the country takes on the qualities of a dictatorship/police state. Who led our country then; and do we want that climate? Then, never forget. Please stand by your friend and form a support group for her cause, exposing the crimes against her regularly. If possible, have someone stay with her till her perpetrators are prosecuted. You may be the one who saves her life. It is, my friend, that serious.
Fri, 07/27/2012 - 9:18am Permalink
Anonymous (not verified)

Death penalty is not too much for Sgt. Scott Rechtzigel . The entire Inkster police department is corrupted, along with the mayor. All they are looking after is money from people to add to their pockets. I am sure if more investigation is done the whole crew will end up in jail or life.

Mon, 07/06/2009 - 9:35pm Permalink
Leslie W (not verified)

The inkster Police LITERALY AIDED and ABBED the Gangstalkers when they baited her from Dearborn to Inkster their involved in this up to thier eyeballs-They literaly assisted bthe Gangstalkers in Street theaters aginst this woman -Review Streetv Theaters"A GanGstalking Tactic-So did the Dearbrn Heights Police-Multi Juristrictional Harrassment intimidation and cooperation-massive Drug Trafficking and syndactite Protection

Mon, 06/20/2011 - 8:24pm Permalink

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