Legal Question in Criminal Law in Iowa

Did our local DA violate immunity laws?

In 2002 the DA brought forth a criminal case involving Armed Robbery, Burglary, & Arson charges against two men (18/20 years old).

The DA was made aware of the crimes from either a current employee or near-term former employee of his at the time.

This employee's son was equally involved in the crimes as the other two men who were arrested and charged. The son of the employee brought the information to his mother after being threatened by a third party's mother of who's son was told her of this son's bragging about the crimes.

The mother petitioned her boss (the DA) to grant full immunity to her son in exchange for his testimony to convict the other two men (her newphews).

Considering legal wording in USAM 9-23.212 and wording by the 8th Circuit Court of St. Louis that states, ''It said immunity doesn�t extend to the actions of a county attorney who violates a person�s substantive due process rights by obtaining, manufacturing, coercing and fabricating evidence before filing formal charges, �because this is not �a distinctly prosecutorial function.�'' Can it be shown that such immunization was not warranted?


Asked on 4/22/09, 7:18 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Did our local DA violate immunity laws?

The US Attorney's manual is an interesting document but you haven't told me whether this was a state or federal offense and why it should compel one sort of action or another. In addition, the section you cited seems to be advisory in nature.

I suspicion that whatever you've got from the 8th circuit refers to the immunity from lawsuits and prosecution that a prosecutor enjoys and under what circumstances it is considered waived.

What you ask is remotely possible but I'd have to know a lot more about the facts and circumstances in this particular case.

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Answered on 4/22/09, 8:42 pm


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