2021 INVESTIGATIVE SUMMARY 10

Investigation of Allegations of Interference with the Defendant’s Rights and Exhibiting a Lack of Competence and Diligence

A district court concluded than an AUSA repeatedly elicited hearsay testimony from a trial witness in violation of the defendant’s Sixth Amendment rights.  OPR conducted an investigation and concluded that the AUSA had elicited improper hearsay testimony.  In evaluating the AUSA’s conduct, OPR considered that the AUSA had relied on prior legal research and his successful use of similar evidence in another case.  OPR concluded that the AUSA misunderstood a nuanced area of law and that the conduct did not rise to the level of professional misconduct.  Instead, OPR concluded that the AUSA exercised poor judgment for failing to raise the issue via a motion in limine to ensure that the proposed testimony was properly addressed with the court prior to trial and did not violate the defendant’s rights.