Legal Question in Criminal Law in Colorado

Conduct of Prosecutors
If Prosecutors have evidence that without a doubt proves the innocence of a defendant, and they disclose this evidence to Defense Counsel are they absolved of any wrong doing if these same Prosecutors blatantly lie about the evidence and then create and present fraudulent exhibits to the jury that contradict the truth. Basically, are Prosecutors free to lie and to knowingly allow witnesses to commit perjury in court and then commit fraud if the defense counsel is ineffective and doesn't object to their behavior and/or doesn't use the exculpatory evidence given to them by Prosecutors. Are there specific laws that prevent this type of misconduct to protect the defendant against such conduct of both sides - Prosecutorial Misconduct and Ineffective Assistance of Counsel. If there are specific laws that make Prosecutors use their own discovered evidence, can you please guide me to them.

Asked on 5/01/09, 6:41 pm

Jason Savela The Savela Law Firm, PC

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Re: Conduct of Prosecutors

You should contact the State Bar Regulatory Committee - in Colorado it is area code 303 and then 866 followed by 6400

A new defense attorney can also investigate this for a new trial under CRCrimPro 35(c) - ineffective assistance of counsel

Answered on 5/04/09, 11:41 am

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