It took prosecutors John Bradley Jr. and Karen O’Sullivan three tries to convict Frances Choy on charges that she set fire to her Brockton home in the early hours of April 17, 2003, to burn her parents alive as they slept.

They secured a conviction in 2011 and Choy was sentenced to two life sentences without the possibility of parole — a conviction overturned in 2020 when misconduct first came to light.

During the trials, according to a Board of Bar Overseers report, the prosecutors were engaging in misconduct that included withholding exculpatory evidence and demonstrating racial bias against the defendant in emails.

“When the prosecutors’ actions give even the impression of bias, when defendants are not treated with dignity or respect, when prosecutors do not ensure they are playing by the rules and disclosing exculpatory evidence as required, the public is left to question whether the promise of a fair trial has been fulfilled.”

All three BBO members recommended sanctions that “must make clear to the bar and to the public the serious and repugnant nature of their misconduct.” Salzburg and Garland recommended a one-year suspension for Bradley, the lead prosecutor in the trials, and a two-year suspension for O’Sullivan, who served as second-chair. They note that they urge the bar “to consider higher sanctions, if possible.”

O’Sullivan’s recommended suspension is longer in dispute, as she was the junior prosecutor and had prepared the lead investigator for his trial testimony. This meant she would have had access to his file, which included exculpatory information not shared with the defense, according to the report.

The third BBO member, Charles Bobbish, agreed to sanctions but recommended that O’Sullivan be indefinitely suspended for her behavior.

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