The Role of a District Attorney

My View by Jim Yacavone

(July 29, 2016)

The recent arrest of Mark Thomason, the publisher of this paper, and his attorney, Russell Stookey, on charges of identity theft and making a false statement made me curious about the proper role of a prosecutor in the criminal justice system. 

The story should be familiar to you by now. Our Chief Judge, Brenda Weaver, complained to District Attorney Alison Sosebee about Thomason’s legal attempt to get records of certain payments Weaver authorized from court bank accounts. Sosebee got the grand jury to indict Thomason and Stookey. I’m told it’s easy for a prosecutor to convince a jury to indict someone. According to one commentator, a prosecutor can get a grand jury to indict a ham sandwich.

Like Will Rogers, all I know is what I read in the newspapers. Based on what I’ve read, I can only conclude that the charges against Thomason and Stookey were unjustified, outrageous and procured by Weaver with the willing assistance of Sosebee simply because Weaver felt Thomason was questioning her honesty.

Here’s why I believe that. First, the arrests caused an immediate firestorm of protest in the state and national media. I read many of the news articles and commentaries, and all of them criticized Weaver and Sosebee for bringing the charges. Some of the reports quoted knowledgeable attorneys as saying the charges were bogus.

Second, just two weeks after Thomason and Stookey were arrested, Weaver withdrew her complaint, and Sosebee immediately moved to drop the charges. The fact they backpedaled so quickly suggests they knew the charges would not hold water. Wouldn’t they have proceeded with the case if they genuinely believed that crimes were committed?

It seems to me that Sosebee’s role in all this needs to be examined. She has clammed up on the advice of the state prosecutor’s association. Until she explains her actions we are left to wonder why she brought Weaver’s complaint to the grand jury in first place.  Does a district attorney take orders from the chief judge? Does a DA have to bring all criminal complaints to a grand jury?

My research reveals that DAs are supposed to be independent officials and exercise independent judgment in the prosecution of crimes. The standards of the National District Attorneys Association state that “unlike other lawyers, a prosecutor does not represent individuals or entities, but society as a whole. In that capacity, a prosecutor must exercise independent judgment in reaching decisions…” 

The professional conduct rules of the Georgia Bar Association say that a DA should not prosecute a charge “that the prosecutor knows is not supported by probable cause.” The American Bar Association’s (ABA) Standards of Criminal Justice say the same thing. The ABA standards also say a DA should not bring criminal charges “in the absence of sufficient admissible evidence to support a conviction” and that “a prosecutor should recommend that the grand jury not indict if he or she believes the evidence presented does not warrant an indictment under governing law.”

In plain talk that means a district attorney is not supposed to bring trumped up charges against someone simply because the chief judge is miffed at the person.

Everything I’ve read about this case suggests that the charges against Thomason and Stookey were trumped up—that there was no probable cause to support the charges and that there was insufficient admissible to convict them of the charges. But you’ll have to judge that on your own.

It is fair to say that this incident has caused many people to question whether Sosebee acted properly and in the best interests of justice.

That’s my view. What’s yours?