Huffington Magazine Issue 60 | Page 67

HUFFINGTON 08.04.13 RADLEY BALKO THE UNTOUCHABLES But here, too, the federal courts have built a formidable legal moat around recompense for the wrongly imprisoned — and around indirect accountability for the prosecutors who put them away. Since 1976, only a narrow theory of municipal liability and the possibility of professional sanction remain as viable avenues to hold prosecutors accountable. And in an era where the prevailing criminal justice climate has been to find more ways to fill more prisons as quickly as possible, neither has done much of anything to deter misconduct. That’s generally true across the country, and it’s particularly true in Orleans Parish. A TRADITION OF INDIFFERENCE In 1985, John Thompson was convicted of two felonies; first for the armed robbery of a university student and two others, then three weeks later for the murder of Raymond T. Liuzza, Jr. The armed robbery conviction kept Thompson from testifying on his own behalf at his murder trial — doing so would have allowed prosecutors to bring up the other conviction in front of the jury. So he was convicted for the murder, too. For the next 14 years, Thompson Sam Dalton, who has practiced criminal defense law for 60 years in New Orleans, is leading the charge against prosecutors’ misconduct.