Georgia Prosecutorial Misconduct

The study of criminal appeals from 1970 to the present revealed 449 Georgia cases in which the defendant alleged prosecutorial error or misconduct. In 39, judges ruled a prosecutor’s conduct prejudiced the defendant and reversed or remanded the conviction, sentence or indictment. In 15, a dissenting judge or judges thought the prosecutor’s conduct prejudiced the defendant. Out of all the defendants who alleged misconduct, two later proved their innocence.

Of the cases in which judges ruled a prosecutor’s conduct prejudiced the defendant, 24 involved improper trial behavior, six involved discrimination in jury selection, six involved withholding evidence from the defense, one involved goading the defendant into a mistrial, one involved pre-trial tactics and one involved knowingly using false testimony.

In 1989, Baldwin County prosecutor Thomas Charron indicted Jeffrey Owen for a drug-related murder and possession with intent to distribute marijuana. Jeffrey waived his right to a jury trial; a judge convicted him and sentenced him to life in prison. What neither he nor his counsel knew was that the state had granted immunity to three witnesses, among them its most important, who testified against him in exchange for their cooperation.

“For approximately 13 years, the state failed to disclose its immunity agreement with its primary trial witness,” wrote Justice Leah Sears in the opinion that reversed Owen’s conviction.

The agreement with William Kent was the result of arrangements personally made by the district attorney. Thus, the court found the withholding of this agreement to be most prejudicial.

“A reasonable likelihood exists that, had Kent’s immunity agreement been disclosed to the defense, the outcome of Owen’s trial could have been different,” Sears wrote.

Owen, who was incarcerated for 11 years, said he filed a complaint with the state bar, which denied his request for a hearing. “There is an ongoing pattern with prosecutorial misconduct,” he said. “It’s not a mistake; it’s a habit.”

Charron did not respond to requests for comment.

In Chatham County, District Attorney Spencer Lawton Jr. has been in office for more than 20 years. During that time, his conduct has prompted appeals court judges to reverse at least two criminal convictions and remand one sentence. In at least one additional case, judges ruled Lawton’s conduct was harmless error and upheld the conviction.

In January 1983, the state Supreme Court reversed Jim Williams’ murder conviction because Lawton suppressed a possibly exculpatory police report.

“We cannot and will not approve corruption of the truth-seeking function of the trial process,” wrote Chief Justice Harold N. Hill in the opinion that reversed Williams’ conviction.

In October 1983, Lawton retried Williams, who was again convicted. In 1985, the state Supreme Court ruled that a demonstration Lawton had staged during his closing argument was prejudicial and reversed Williams’ conviction a second time.

In February 1988, the state appeals court reversed Furman Clark’s 20-year sentence for voluntary manslaughter because Lawton “presented prejudicial material for which he had no evidentiary basis.”

During the sentencing hearing, a character witness testified positively about Clark. Lawton asked the witness if he had heard about Clark’s involvement in various wrongdoings such as fraud. The court held that it was misconduct for Lawton to “ask questions as to unproved crimes or acts of violence which are inflammatory, prejudicial and suggestive of facts not in evidence,” then threw out his sentence.

In 1993, the state Supreme Court upheld Troy Davis’ murder conviction. On appeal, Davis alleged that prosecutor Lawton discriminated in jury selection. The appeals court ruled that Lawton had “legitimate, neutral and non-racial” reasons for striking certain jurors.

Lawton did not respond to requests for comment.