Oh my God. It's happening. Judges are finally doing something about prosecutorial misconduct. Years from now, the Ted Stevens prosecution might be seen as the tipping point:
Chief Judge Mark L. Wolf of the U.S. District Court for the District of Massachusetts recently issued an order requiring the Boston U.S. Attorney's Office to hold a training program focused on discovery in criminal cases this fall.
The May 18 order also gives the office of the U.S. Attorney for the District of Massachusetts until Nov. 20 to submit additional affidavits explaining why Wolf shouldn't issue sanctions against the office and Assistant U.S. Attorney Suzanne Sullivan for prosecutorial misconduct in a criminal case. U.S. v. Jones, No. 1:07-cr-10289 (D. Mass.).
"The persistent recurrence of inadvertent violations of defendants' constitutional right to discovery in the District of Massachusetts persuades this court that it is insufficient to rely on Department of Justice training programs for prosecutors alone to assure that the government's obligation to produce certain information to defendants is understood and properly discharged," Wolf wrote.
Read the rest of the report here.