When it comes to achieving prosecutorial accountability, the power of journalism is becoming increasingly clear. Take, for instance, Dale Cox’s recent departure from the Caddo Parrish, Louisiana District Attorney’s race. Over the course of more than a year, a man largely unknown outside Shreveport legal circles was brought to widespread, unfavorable attention, which, by his own admission, caused him to drop his bid to become chief prosecutor.
Yet if the culture of prosecutorial overreach and misconduct is to be truly altered, accountability must ultimately flow from the institutions charged with the supervision of these men and women’s legal behavior: state courts, state bar associations, and district attorney’s offices themselves. Dale Cox, after all, may not be running for DA, but he is still a prosecutor in Caddo Parrish, he is still trying cases, and he may yet put more people on that state’s death row.
It was particularly disappointing, in this light, to learn last week that the Arizona Supreme Court had failed once again to in any way rein in the chronic misbehavior of Maricopa County prosecutor, Juan Martinez, who we wrote about this summer, and whose sharp practices have already been the subject of considerable press and legal attention.
A Notorious Prosecutor
Martinez, who became a tabloid fixture during the media spectacle of the Jodi Arias murder trial, has a long history of hostile tactics, brinkmanship during discovery, and skirting the rules of proper argument and treatment of witnesses. You can read an extended description of how he earned this notoriety in the Arizona Republic’s excellent profile of him.
As Robert J. Smith, assistant professor of law at the UNC Chapel Hill, pointed out in Slate, Martinez is among a handful of particularly vengeful prosecutors around the country who account for a grossly disproportionate number of death sentences in their states.
In an all too familiar pattern, Martinez has also been highly lauded by his own colleagues for the results that his truculence and misbehavior “achieve,” i.e., convictions at more or less any cost. In 1999, Martinez was named Arizona Prosecutor of the Year, and in 2013 he won the Home Run Hitter Award for Outstanding Prosecution for the Arias murder conviction.
While cataloging all his past egregious conduct–routinely ignoring judges’ instructions, comparing a Jewish defense attorney to Adolph Hitler, making a jury smell a piece of clothing still ripe with decomposing flesh–is beyond the range of the present discussion, last week’s State Supreme Court decision is worth examining for what it shows both of Martinez’s now long standing modus operandi, and the Arizona court system’s failure to hold him accountable for it.
Flouting the Rules
The decision in State v. Lynch arose from an appeal of a death sentence in a 2001 murder prosecution. The defendant, Shawn Patrick Lynch, alleged Martinez committed prosecutorial misconduct in the retrial of the penalty phase of the case.
His attorneys set forth thirteen instances of Martinez crossing the line from zealous advocacy to rule breaking, ranging from ad hominem attacks on defense counsel to inserting evidence not properly introduced while speaking objections to the judge.
Prosecutorial misconduct is, of course, frequently alleged, and allegations don’t make it true. But of these thirteen allegations, the Arizona Supreme Court found that Martinez had, in fact, stepped over the line in six of the alleged instances.
- he made improper arguments during opening statements;
- he made improper remarks about the veracity of witnesses;
- he asked improper and argumentative questions of defense witnesses;
- he appealed to the fears of the jury by suggesting the jury imagine itself being “manhandled” by the defendant;
- he misstated evidence in three separate instances, each of which the judge sustained an objection to;
- he misstated the law by saying the defendant’s character had been determined by the convicting jury to be “depraved” and suggesting his rental of pornographic videos was further evidence of his “debasement.”
In addition to these infractions, Martinez suggested the defendant, who has hepatitis C, would jab a needle into a prison guard, thus infecting the guard, if the jury allowed a sentence of life in prison rather than the death penalty. On this count, the state supreme court agreed the prosecutor was being argumentative, but concluded, amazingly, that this constituted “relevant rebuttal” to the perfectly ordinary claim that the defendant could be safely housed in a prison.
In light of all of the above, it is worth nothing how the court opened its discussion of the legal framework for making determinations of prosecutorial misconduct:
Even when an instance of prosecutorial misconduct does not warrant reversal, an incident may nonetheless contribute to a finding of persistent and pervasive misconduct if the cumulative effect of the incidents shows that the prosecutor intentionally engaged in improper conduct and did so with indifference, if not a specific intent, to prejudice the defendant.
While you might think that the court’s own findings, listed above, make it clear that Martinez’s behavior in Lynch is just such a case of cumulative impact, you would be wrong. Astonishingly, the misconduct portion of the opinion concludes as follows:
During this retrial of the penalty phase, the prosecutor disturbingly made a number of inappropriate comments, prompting valid objections by Lynch that the trial court sustained. Although the prosecutor made some improper remarks, they did not amount to persistent and pervasive misconduct that deprived Lynch of a fair trial…prosecutorial misconduct, while present in some instances, was not so pronounced or sustained as to require a new sentencing trial.
And there you have it: the means by which Martinez, and prosecutors like him, are permitted to break legal rules, not once, but repeatedly, without being held accountable. Individual instances of rule breaking are deemed to have been “corrected” by the trial judge, and “[g]iven the presumption that jurors follow instructions,” the court concludes that the episodes “did not affect the jury verdict.”
To put it starkly: there is no legal motivation for Martinez to obey the rules of the court or the laws of evidence. In fact, the system provides the opposite motivation. Break the rules, do so again and again, but in each instance stop just short of “reversible error.” Put another way, violate a defendant’s constitutional right to a fair trial just enough to get a death sentence, but not enough to trigger a loss on appeal.
The Larger Picture
As we wrote back in July, Juan Martinez is a poster child for the kind of prosecutorial misconduct that 9th Circuit Judge Alex Kozinski has recently been calling out in the press, in court, and in a law review article.
What is most disturbing about the Martinez situation, however, is not his egregious behavior–in that, alas, he is hardly alone. It is the fact that, while his conduct has been recorded in the press, and while he has been chastised by some Arizona courts for his behavior, the court system as a whole, as evidenced in Lynch, and other Arizona Supreme Court decisions, has permitted him to continue breaking rules, and thus winning convictions while cheating.
From which we can only conclude that still more public attention must now be brought to Juan Martinez and the Maricopa District Attorney’s Office, until the actors in the system responsible for disciplining him are shamed into doing their jobs.
Why must we do this? The last line of the Arizona Republic’s profile of Martinez answers that question best.
‘All the young prosecutors want to be like Juan Martinez now,’ said Alan Tavassoli, an attorney with the Maricopa County Public Defender’s Office. ‘He’s a role model.’
As I read it, the scumbag prosecutor was found guilty in 6 instances but those did not rise to the level of enabling an overturned verdict.
I would expect that this will be on record against him and when the allegations of misconduct in the Arias case are investigated and ajudicated, the little worm is going to lose his license.
In short, I wouldn’t Juan to be in his shoes! Pun intended.
LOL, no, he won’t lose his license..he’s gained the respect and admiration of many…actually most! all except for the “arias” clan! lol
He’s a brilliant prosecutor! I’d hate to be on the wrong side of the law and having to face him!! so i’ will behave! bahaha ! Keep it up Juan! The majority…99.99% are behind you 1000% 🙂
This article is just another jealous little spiel from 1 of many, many person or persons that just love to go on and on about how this poor girl (J.Arias) was oh so mistreated by a big meanie man… boo hoo and waa waa! Why is it we only hear a bogus attempt of your one-sided “views” about J.Martinez?? Have u looked at what J. Wilmont & K. Nurmi (Arias’ def atty’s) pulled during the 8 yrs of of the Arias trial? I miss the days of reading REAL News! You know, when REAL NEWS ppl always printed THE FACTS of both sides!! Arias shot, stabbed 25+ times and practically beheaded a bright, loving, Innocent young man after finding out she was stalking him! Breaking into his house, climbing thru the doggy door, terrorizing his friends, reading all his emails, hiding inside his Xmas tree?? J. Martinez FOUGHT like hell FOR the Alexander family and WON! HE is a true hero, in ARIZONA especially!!
The DEATH MASTER Martinez knew he would be in charge to continue violating the civil liberties and constitutional rights. To achieve a win, ALWAYS using endless monies, in the state of Arizona, MARICOPA County prosecution office is also the ABUSER of endless tactics to sustain the POLITICS and the foundation of DECEIT AND WITHHOLDING FULL DISCLOSURE, so many lives of families are forever changed. Martinez has not won, it is a matter of time, this DEATH MASTER will fall as the MORMON SHIELD fell for the simple SALESMAN, selling his lies, deceit and secrets.
Are you for real??? like a person with a “brain?” a functioning one? Did you not see and hear the tactics the defense used? all their underhanded accusations? where you privy to that?
And how about defense incurring some 3 million in cost, as opposed to prosecutor’s paltry 135$$.
You’re wrong!!! Martinez won..and it’s over!!! arias is where she belongs!! 4 ever
If I were living in Arizona, I’d be in touch with my legislators, my pastor, and other public officials about all this. I would be rubbing the Debra Milke case under their noses!
Milke is guilty. She got off because of suspicions about a cop’s behavior (not proved). Read this and see how you feel
http://www.azcentral.com/story/laurieroberts/2015/03/24/debra-milke-speaks/70379868/
As far as Arias goes, she’s a cluster B cluster F. She’ll do fine in prison. Thrive even. Her true personality will be in evidence.
It’s sad he wasn’t prosecuted. It’s bad enough Juan badgers, harasses both witnesses & defendant, but appears to trust the Alexander family with information they leaked to the media; most dreadfully what Tanisha’s friend Samantha Williams leaked on Jen’s trial diary page…under the Infamous name juanstie: The information on Mrs. #17, causing dangerous shock waves in the world of haters, Travis’s friends & supporters. Death threats were made. Things were so planned, Jodi’s cell on death row in Perryville next store to Debra Milke’s was already prepared; freshly renevated. Something stinks in Denmark.
Juan Martinez is an excellent attorney. Comments made against him are out of pure jealousy. The Defense attorneys during the Arias trial were attempting to copy his style, poorly I might add , while at the same time trying to cast a bad light toward Mr. Martinez.
You really can’t get any better than Juan Martinez. Everyone screws up here and there but there isn’t a reason to let murders go because of a few verbal slip-ups. Martinez is an A+ you go Mr Juan Martinez. The whole country loves you even the Trolls. For the life of them they won’t admit it tho. 😉 Good Luck in your Career. Patricia Ann Waits
Who the heck cares how Mr Martinez or any other prosecutor gets a murderer off of the streets? As long as Mr Martinez, et al, doesn’t frame an innocent person for a murder, I agree with their tactics! Get these murderers off of the street by any means necessary! All of the defendants that you mentioned were guilty as hell and they deserve to be locked up! As far as that murderess whore Arias is concerned, Mr Martinez didn’t frame her and whatever misconduct he may be guilty of does not out weigh her despicable crime! As far as she is concerned, justice was served! Deal with it!
Well to bad that HER side did,nt use the same tactics that tiny used then the mod/cult of t-dog would have got their way.tiny can do know wrong…EVER that what I just read gloria..I pity you. Look to the 23 idiots that used hate vile and mockery and accepted ALL the states LIES.Jodi will never give up! She is the real brave heart as She is the true UNBROKEN of Our time. All this hate failed and will and think about it how some plan to harm Her in prison just what does that make you…..would be MURDERS….unless thats what you call S/D. travis was a sad person who abused once to often and paid a price,I forgive him and hope that God forgives him but as for ALL the haters…NEVER. you members of the cult of t-dog(that sure does fit)are really SICK now go get help and thank the Pres. for making more affordable and Please stop screaming. Have a hatefull day.
I did my thesis on the shared delusions and projections of the supporters of Jodi Arias. Thanks!
Now that would be writing well worth a read! Bravo !
Complaints come with the job & Martinez is very well aware of it. He is the best at what he does and all I read about are jealous weak minded wanna be’s who will never have a chance at reaching the level J.M has. If he goes too far he will not have a job, plain and simple. Until then the little whiners are best suited to change their diaper and grab a fresh bottle of milk….
I am so tired of these whining “B’s” complaining about Juan and the great job he always does. The killers supporters are just jealous that Juan wasn’t the killers lawyer and that he was the prosecutor. They don’t like him because he did an excellent job proving she killed Travis and that she had everything planned out. Keep crying your river because it makes Juan happy to hear you talk about him.
So az. just what ya going to do when justice finds you out. as for Milke being guilty hell in az all are guilty once they get arrested…..but not the system that violates the constitution….good one. I wonder if any would bring any to trial if their misdeeds put them at the same risk…eye for an eye…be it judge prosecutor police experts witness,s and last but not least the jury. If the d/p is good for one then it is good for all….and cat I know that all who wrongfully convicted should get a military commission to deal with their deeds…no civilian trial….case law stands with me as when your nation is at risk as in what went on in that show trial a m/commision is the only way to go…justice true and swift. az. the south thought they were above the constitution that did,nt work out to well.As for the thesis….wow so you can write…but why the vile for HER and the love for a sick dog?
Juan Martinez should have been jailed years ago. Of course it’s no surprise he is let off the hook in the Jodi Arias case, did we really expect a leopard to change it’s spots?
He should be in prison indefinitely and stripped of his Bar status. He’s a State-assisted serial killer; he premeditates the killing of defendants and should be in prison for many years, for murder. There is no valid reason why he shouldn’t be on Death Row while the DP still exists, I should like him to know what it feels like, it’s what he deserves.
I would concur…nermy should be the one charged n going to jail..trying to defend a lying brutal killer by demonizing the victim! that was purely pathetic and underhanded! I’m so glad the prosecutor prevail ..he came out a “winner” 🙂 would like to get his autograph! he is brilliant!
“While cataloging all his past egregious conduct–routinely ignoring judges’ instructions, comparing a Jewish defense attorney to Adolph Hitler, making a jury smell a piece of clothing still ripe with decomposing flesh”
Juan made the jury smell a piece of cloth still ripe with decomposing flesh. At the time of the trial the piece of clothing would no longer have been decomposing as the decomposition process would have already have been completed especially after the amount of time that the evidence sat in the evidence locker. I would have to think that Juan instructed someone to tamper with the evidence so as to add the smell of decomposition to the clothing still more proof of prosecutorial misconduct and evidence tampering.
Toad’ll get whats coming to him. Karma is a bitch.
Juan is definitely guilty of prosecutorial misconduct in Jodi’s trial. The porn on the laptop was used by Juan to assassinate her character by making everyone believe that she was liar. That’s all we heard about Jodi the entire trial was that she was a liar. Yet Mesa PD admitted to denying that the porn was on the laptop and that they knew the entire time that the porn had been on the laptop. There would be no reason for Mesa PD to lie about the porn on the laptop unless it was meant to purposely help the prosecution achieve a conviction. Why would Mesa PD lie? It’s their job to gather all truthful information and turn it over to the prosecutor not lie about evidence to help the prosecutor when he doesn’t have evidence to convict.
I think there is a passage in the Bible that refers to those who keep secrets and bear false witness against the other are of the Devil.
Since Mesa PD knew about the porn on the laptop and keep it secret to allow Juan to bear false witness against Jodi that makes Juan and Mesa PD of the Devil, by the Devil and for the Devil.
“While cataloging all his past egregious conduct–routinely ignoring judges’ instructions, comparing a Jewish defense attorney to Adolph Hitler, making a jury smell a piece of clothing still ripe with decomposing flesh”
Juan made the jury smell a piece of cloth still ripe with decomposing flesh. At the time of the trial the piece of clothing would no longer have been decomposing as the decomposition process would have already have been completed especially after the amount of time that the evidence sat in the evidence locker. I would have to think that Juan instructed someone to tamper with the evidence so as to add the smell of decomposition to the clothing still more proof of prosecutorial misconduct and evidence tampering.
Why didn’t Mesa PD use Evidence Tape to seal the laptop up at the crime scene prior to transporting it?
Wow — are you reading the intelligence level of her supporters? That really says it all!