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I am of two, maybe more, minds regarding the recent decision by Mary Moriarty, the newly elected Hennepin County attorney, to dismiss a rape case because of the prosecutor's misrepresentation to the presiding judge ("Rape case dismissed after lie to judge," Jan. 10). As someone who served as an attorney in several different branches of government, I viewed absolute honesty with respect to the court, as well as opposing counsel, to be a paramount concern. I am proud to say that my colleagues in the Ramsey County Attorney's Office, the U.S. Attorney's Office, the Minnesota Commerce Department and the U.S. Immigration and Naturalization Service seemed similarly to hold truthfulness in high regard.
Lately, however, it appears to me, frankly, that lying is endemic in all aspects of society. The prosecutor in the case at issue lied about an inconsequential matter. This is mind-boggling. Decades ago, as an assistant U.S. Attorney, I needed an affidavit signed by an employee of the U.S. Department of Agriculture who was located in St. Paul, while I was in Minneapolis. It was a routine matter, and she asked if I could sign her name to the affidavit. I told her that I could not, so she schlepped to my office. At the hearing the next day, something happened that neither of us expected. Opposing counsel called her to the witness stand. The first question he put to her was, "Is this your signature?" Afterward, the employee thanked me. She was basically an honest person, and she would not have known what to say if I had signed the document. I expect the consequences for me could have been significant and, importantly, a judge whom I appeared before frequently would have lost confidence in me.
The consequences in this rape case are severe and terrible for the victim. It is debatable whether Moriarty's decision was necessary or appropriate. But the prosecutors in the Hennepin County Attorney's Office have been put on notice. There's a new county attorney in town. I know firsthand how much prosecutors care about their cases. They better be scrupulously honest about them.
Elissa Mautner, Minneapolis
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The critics of Moriarty's dismissal of a rape case due to prosecutorial misconduct say she should have just brought in a new prosecutor ("One juror's verdict: No clear reason to dismiss case," Opinion Exchange, Jan. 12). They are missing an important point. Five of the six witnesses in the case had already testified. The "new prosecutor" would not have heard their testimony. This is not like car repair, where a new mechanic can put the wheels back on. The same lawyer needs to see and hear the evidence all the way through. Just because someone has an attorney's license doesn't mean they can walk in and complete another lawyer's case.