Monday

DA Sentenced to 18 Months for Lying About Sex With Informant

Though this is old news, it did fit nicely with my exchange with Tom about the preferential treatment prosecutors get. In this instance about a year ago, a South Georgia district attorney was sentenced to an 18-month prison term for lying to federal agents about an improper sexual relationship with a confidential informant.

He pled guilty to charges of lying when FBI agents asked whether he had ever had sex with a defendant in his district. Ellis said he had not, but Jody Manning, a drug defendant and informant for Ellis, told federal agents he had forced her into a sexual relationship.


(inexplicably this is what google returned for a search of the term
"sex with snitch")

In a more recent follow-up Law.com (a place with a fairly staid journalistic tone) reported the following concerning the 11th circuit's reversal of his conviction:

The 11th Circuit's unpublished -- or, non-precedential -- decision seemed unusual. Judges Gerald B. Tjoflat, William H. Pryor Jr. and visiting Senior 9th Circuit Judge Arthur L. Alarcon issued their one-paragraph ruling just two days after oral argument, and it was based on an issue Ellis' lawyer, Michael J. Bowers, recalled barely came up during the discussion.

He served less than half his sentence.

8 comments:

Tom McKenna said...

Again, you're proving my point. The guy was indicted and plead guilty and was sentenced. The government screwed up and committed some type of Booker error (the opinion is reportedly forthcoming to explain in detail what type of error) and that is your evidence of somehow someone giving the defendant a break?? Whatever.

I would think you, as a purported "champion" of the criminally accused, would be happy that such a legal error resulting in the defendant's constitutional rights being violated was reversed, and would rejoice that an appellate court is doing the right thing.

Guess you have a different standard with people accused of crimes whom you don't like.

Anonymous said...

Double standards are the way of the world Mr. Tom McKenna. This guy has sex with an informant, he takes advantage of his status and we should treat him the same way that some other defendant that does not bask of the same glorious status and power. Yup, double standards, way of the world.

Anonymous said...

I've always thought that Law Enforcement Officers (cops, prosecutors, and judges) should be statutorily required to serve double the sentence for any crime they are convicted of.
Then again, I also think we should cull lawyers like deer in the suburbs.

Anonymous said...

Mr McKenna, there is no such thing as a Prosecutor anymore. You are just a defense attorney for the cops. All of the aspersions you cast on defense attorneys apply equally to you and your ilk. The only difference is that you have the resources and authority of the state at your disposal. The system is very sick and your attitude is part of the problem.

Tom McKenna said...

"Every cop is a criminal, and all the sinners saints." That's the whacky, 180-degree turned around view of the criminal-coddling set. Note that Jagger put those words in the mouth of the Devil.

By the way, since you know nothing about me, how I handle my cases, how I deal with police overreaching, how I handle cases such as the mentally-challenged thief in the blogger's latest post above, you can hold no intelligent view of my ethics and conduct as a prosecutor. But as usual with the wacked-out left, facts never get in the way of challenging "the man." News flash: it's not 1969.

None of the comments here address the blatant hypocrisy of the blogger, who whines about the accused all the time and how their rights are trampled on and they are sentenced too harshly... but when his "opponent," a prosecutor, is brought to justice for wrongdoing, suddenly the system should slam the defendant.

At least one of you guys admits that it's clearly a double standard. Why can't the rest of you admit the obvious?

Indefensible said...

Tom,
Normally I don't weigh in, but let's be clear--my complaint was that the prosecutor got special treatment. I'd be all in favor of everyone getting less time, and having their convictions reversed. Much as you harp on it, I'm not inconsistent about that. But when the very people who manipulate the criminal justice system to hurt the poor and disempowered then turn around and get disparate (and special) treatment when they themselves have done what they prosecuted others for doing--well yes, that's a problem.

Anonymous said...

Hey McKenna, I'm no Rolling Stones loving '60s hippie, but rather a Bush voting Republican. The way I see it is that in your public comments on various blogs, you are just as likely to be a knee-jerk defender of prosecutorial overeach as Mr. Feige is likely to assume the worst about conservatives and prosecutors. I'm no fan of moral relativism, but you are both members of interest groups and you both fight for outcomes based on the values of your respective groups. Get over yourself. You don't know me from Adam either, but you accuse me of hating "the man." I just would like to see his job be as hard as I believe the Constitution says it should be. I also live in Virginia and follow Virginia criminal justice issues closely and I apologize if I paint you with the same brush that some of your colleagues choose to tar themselves with.

Anonymous said...

In our current society and public life, girls lie about so much more than just being pregnant to trick a man into staying with them. Imagine yourself dating a girl and finding out about her real age. Imagine sleeping with a girl and then having her cry rape. Imagine a girl paying for dinner or your new xbox 360 and when you break up with her, she accuses you of pimping her.

Come on folkes we live in the real world. When a girl lies, it means nothing to the public. I mean she is a poor, innocent, soft, delicate woman, right?
and men are seen as manipulative user type assholes, right?

I make this point because there are alot of men sitting in jail right now, wishing that they have not taken a chance on a girl who would tell a lie on them, when they started to PMS. Men that become victims of women lying are laughed at by you and the general public. They are seen as, "they get what they ask for" if your going to be a player, then take what goes with it

But no man thinks he is ever going to be acused of rape or a sex crime. After watching the Dateline NBC story on male preditors anyone charged with a sex crime is automatically guilty in the eyes of the public and the media.

Now for gods sake if the guys is innocent, the shame and humiliation has already destroyed his family life and future chances of a decent job in the community. I know what your thinking, if he has a good lawyer, and he's really innocent, he should be able to prove that in court. Well come on, that bull#### and you know it.

If a girl lies to police, she will surely come to court, put her hand on the bible and lie in court. Would you really risk stopping and admitting that you lied about the whole crime? We live in a save yourself world, and no one would do that. Now, if it can be proven that she lied under oath, in court, what brave prosecutor or police official, wants to be seen as charging sweet innocent becky for purgery? They will let her go with what they call a "inconsistant statement" or simply put, she can't recall or doesn't remember at this time. So chances are the case is dropped, and the guy has to go back and face his life, his family, and the shame of his community.

The funny thing is, it doesn't make the splashy headlines of the media around the world

Hey, I have a very controversal idea, why not come up with a registry system on the internet for girls who lie in court or just set men up.

It would be a place where men could go and tel their stories. I know what your thinking, what if someone post something that isn't true about a girl.
God this is the internet, that's never happened before.

how come you can go on the internet and find out rumors about your favorite stars, and there is nothing they can do about it... Imagine if you met a girl at a club and became really serious about her, but started to see some really moody behavioral patterns, you know, fits of anger, i'm sorry, i love you, i hate you..You know, nutty stuff that would leave you to a violent domestic conclusion.

Well, you could simply just jump in front of your google, type in her name, and hear some guys story of how she almost put him away in jail, for an imaginary beating that did not happen.

Hey, i did say that this was controversial and hey, to deal with the nay sayers up front I am not a victim of this crime and no I don't think all women are bad, and I think only proven girls should be posted on the internet.
I truly believe that everyone has the right to tell their story in a free and open society without threats of being sued. Imagine if someone told you ahead of time, that there was a whole in the house that you were about to buy? but got sued for warning you...? basically what i'm saying, is a life is a life, and if a girl is willing to lie under oath to put a guy in jail, I would love to know more about her, so I can stay the hell away.

Well I've said my peace, go ahead let me have it, but first let me put my helmit on.