Prosecutorial Misconduct
Prosecutorial Misconduct, part 2
In the case of Robert Hays, he was convicted following a jury trial on four counts of sexual assault of a minor under the age of fourteen years and four counts of lewdness with a minor on charges that he sexually abused his then eight-year old daughter Jennifer. His conviction was based on testimony fabricated by the District Attorney (the Prosecutor). Although Hays’ conviction was ultimately overturned, he served 15 years in prison before the court reversed his conviction.
Before his trial, Robert Hays’ daughter, the main witness and alleged victim, recanted her testimony; That is, she told the District Attorney that Robert Hays did not commit the alleged acts against her. In dereliction of his ethical duty to the court and defense counsel, the District Attorney did not disclose this to defense counsel. The daughter went on to tell that she only testified against her father because she was afraid of her mother and the District Attorney.
The court noted that Hays’ wife Karen, the mother of Jennifer, wanted out of the marriage with Hays and “set in motion a most insidious plan to break the bonds that held her. Karen schooled and coached eight-year old Jennifer about adult sexual behavior and threatened and coerced her into making accusations of sexual abuse against her father.”
Read the order granting Hays’ petition for writ of habeas corpus (request to be freed)
