Sep 1, 2005 By: Al L’Agheny Three Rivers Post & Standard (Blog)

We tend to think of those serving as prosecutors - whether for the D.A. or the state or federal - as people whose sole objective is justice.

While that is the case for many, a large number are just as interested in simultaneously parlaying a successful prosecutorial record into a high profile, attractive resume. Indeed, Rudolph Giuliani developed his political brand name reputation as a tough nosed prosecutor for the US attorney’s office in New York city. Countless others have turned years of hard work and success into high paying legal careers in the private sector. For example, even Giuliani’s bio from his own site talks-up his most important qualification from his prosecutorial days: “Few US Attorneys in history can match his record of 4,152 convictions with only 25 reversals”. What if more reversals were merited?

While we never want to throw the baby out with the bathwater, and we have very little sympathy for the plight of true criminals who end up in the system, we still ought to hold those entrusted with prosecuting on behalf of justice very much accountable for the misuse of prosecutorial power, or for working cases to completion for reasons other than justice. Moreover, we should not allow prosecutors or the system to cover up their errors.

The local papers have been covering just such a case as of late. Doctor Bernard Rottschaefer was found guilty of trading prescription drugs (OxyContin) for sex based on testimony of several convicted drug users. He always stated throughout the trial that the witnesses were lying, but the testimony held. He was convicted and now sits in jail.

However, as the folks over at TheAgitator.com have noted, the testimony that landed him in jail appears to have been lies to manipulate a plea bargain with the US Attorney’s office , which resulted in probation vs. jail time. If that weren’t a crime unto itself, it appears that Mary Beth Buchanan, the US Attorney’s office prosecutor who gained some great resume points with the conviction, seems completely disinterested in following up on signed affidavits and so forth demonstrating that the witnesses lied.

Read the summary at TheAgitator for the details. At a bare minimum, this case should be reopened for review, and if Buchanan, a rising republican political star, botched the case and put away an innocent man Well, she should pay the price herself. And just the same, the system seems messy on the issue since the Judges involved seem just as inclined to keep the good reputation of the courts intact.

Now, this is not to beat up on Mary Beth Buchanan. We commend her for rooting around in the Sheriff’s department and the backroom deals of local government. However, that does not change that these are people’s lives Not resume and gavel polish. A system of justice is no such thing if the innocent end up jailed in order to preserve some higher “something” other than justice.

http://www.threeriverspost.com/category/justice/