Friday, November 21, 2014

New Prosecutor in Boston Marathon Bombing was Cited by Federal Judge for “Reckless” and “Intentional” Misconduct

We learned this week that the man that the Justice Department has sent to Boston to assist in the capital prosecution of Dzhokhar Tsarnaev, the alleged Boston Marathon Bomber, was previously cited by a Federal Judge in Virginia for serious prosecutorial misconduct in a different high-profile death penalty case, which resulted in dismissal of kidnapping charges and a new murder trial for the defendant.

Steven D. Mellin, a member of the Justice Department’s Capital Case Section, which, according to its website, exists to “to promote consistency and fairness in the application of the death penalty,” has been assigned as a specialist on the Tsarnaev case, which is set to go to trial in January.

But as the Washington Post reported back in 2004 in an extensive examination of the capital prosecution of Jay Lentz, U.S. District Judge Gerald Bruce Lee ruled that Mellin improperly introduced evidence that wound up in the jury room, which, according to jury members, proved decisive in their guilt verdict.



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