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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Suspension from the bar is wholely inadequate. First, they should be permanently disbarred, then they should be prosecuted for gross official misconduct. 17 years in prison sounds like an appropriate sentence for then.
Finally, their victim should sue them, and she should be awarded millions of dollars.
Permanent disbarment would be more appropriate. They can still work as paralegal for some private entity.
Criminal charges would be appropriate. If they had been the defendant, and they’d been in possession of incriminating evidence and destroyed it, they would have done time. Why is this different?
(I mean, I know why it is different…)
Of course they would be. I guess my brain focused on what is currently conceivable in the legal apparatus.
I don’t understand why using the state’s authority to intentionally and illegally destroy someone’s life isn’t being talked about as a capital crime.
If we’re a country that supports the death penalty, we might as well put it to some good use.
I understand why the agents of the state won’t talk about it like that, but I don’t understand why the citizens don’t start talking about it in those terms.
Probably because “we don’t want prosecutors worried about facing prison for doing their job” or some other bullshit like what they use to justify not punishing cops.
I’m opposed to the death penalty but definitely agree this is a category of crime that deserves maximum punishment comparable to first degree murder in order to create the maximum deterrence possible.
As we see more examples of our institutions giving bad, cruel, and nonsensical outcomes, support for violent responses like Luigi will grow. I think a lot of the people involved in perpetuating injustice don’t even see themselves as bad people. Some corrupt prosecutor that knowingly sent innocent people to jail could be bleeding out on the sidewalk at the feet of their past victims, and they’d be like “what did i ever do to deserve this??”
This punishment is ridiculously inadequate for that level of misconduct. Even when there’s “justice”, it is barely justice.
I’m not sure sanctions are appropriate. Can’t they get a small fine instead?
Sorry, I meant prison.
I would not condemn this person for taking matters into their own hands.
When the “justice” system fails, it’s up to regular people to pick up the slack.
