The Wages of Sin Are….Nothing Much

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Generally speaking, prosecutors are protected from lawsuits even if they break the rules. And generally speaking, this is probably a good thing. The level of prosecutorial abuse that judges routinely tolerate is outrageous, but still, a wave of lawsuits against prosecutors from everyone ever jailed wrongly probably isn’t something we need.

But certainly there are limits. How about this, for example?

Prosecutors in the New Orleans district attorney’s office had intentionally hidden a blood test that would have unraveled the criminal case against [John] Thompson. By a stroke of luck, a young investigator scouring the crime lab files found a microfiche copy of it. Thompson’s blood type did not match. That single piece of evidence led eventually to Thompson being declared innocent of murder.

This came after 14 years on death row and one month before Thompson was scheduled to be executed. A New Orleans jury awarded him $14 million when he sued, but the case was appealed to the Supreme Court. So how did things go?

But oral arguments at the Supreme Court in the fall suggest he may not see a nickel of it. The high court has taken a dim view of suing prosecutors, and in Thompson’s case, the court’s conservatives led by Justice Samuel A. Alito Jr. questioned whether the district attorney’s office should be held responsible for the misdeeds of a few prosecutors.

This isn’t even fancy DNA evidence. Prosecutors deliberately withheld evidence that Thompson had the wrong blood type and blithely sent him to death row. And yet Sam Alito is disturbed at the idea that the district attorney’s office should be held responsible for the misdeeds of a few prosecutors. Jesus Christ.

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DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America will move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

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