
Justice demands higher standards
A Wisconsin State Journal editorial
October 6, 2007
Prosecutors across Wisconsin should reject the troubling tactics of
Dane County Assistant District Attorney Paul Humphrey.
Ordinary people trust prosecutors with tremendous power and discretion
to fight crime. They want prosecutors to aggressively pursue violators,
but they also trust that those prosecutors will not unfairly wield the
power of government against individuals.
When prosecutors violate that trust, the entire justice system in
Wisconsin suffers a blow to its reputation and authority.
Wisconsin State Journal reporter Dee Hall last week detailed in a
four-part newspaper series 10 cases Humphrey mishandled, sometimes with
terrible results. Three allegations of unethical conduct from one of
those cases are now before a state disciplinary panel.
No matter the outcome of the state 's notoriously weak disciplinary
process for attorneys, Dane County District Attorney Brian Blanchard
needs to take further action.
Humphrey may be a hardworking assistant district attorney who has put
plenty of bad guys behind bars during his 17 years.
But the incidents documented in the newspaper series suggest Humphrey
also has let arrogance and spite cloud his judgment.
It appears that Blanchard, Humphrey 's boss, has demoted Humphrey.
Blanchard also put a letter of reprimand in Humphrey 's file related to
one case.
Yet Blanchard needs to do more. To ensure Humphrey 's pattern of
disturbing behavior is not repeated, Blanchard needs to draw a clear
line, for his staff and for the public, against such conduct.
This isn 't a sensational TV crime show Humphrey is a part of. It 's a
real-life court that expects prosecutors to carry out smart and
efficient justice.
How can Blanchard argue that his office needs more resources from the
state -- which is probably true -- when Humphrey is aggressively
pursuing small crimes with sledgehammer vengeance?
Perhaps the most telling comments in the newspaper series came from a
Wisconsin Supreme Court-appointed referee who recommended Humphrey
receive nothing less than a public reprimand for the one case under
formal review.
"The legal system depends upon the officers of the court speaking to
the court with complete candor, " the referee said. During a
disciplinary hearing, Humphrey repeatedly failed to even acknowledge
the accuracy of a transcript of his prior words, the referee said.
"That failure suggested to me a deliberate attempt not to cooperate in
an effort to find the truth, " the court referee said. "It must be
noted that absolutely no contrition was expressed by the respondent. "
It 's time for Humphrey, if he wants to try to restore his reputation
-- much less keep his job -- to admit his mistakes. It 's also time for
Blanchard to reassure the public that violations of trust won 't be
tolerated.
Prosecutors in Dane County and across Wisconsin must play by the rules
if they expect the rest of society to.
Tactics go too far
Here is a sampling of the troubling incidents involving Assistant
District Attorney Paul Humphrey:
- Humphrey let the wrong man sit in jail for a month
-- even after he was notified several times of the mistake.
- Not only was that terribly unfair to the young man
-- who, by the way, did not have a criminal record -- but it also was a
waste of public money.
- Humphrey withheld crucial crash-scene photos and
made misleading statements about other evidence in pursuit of a
vehicular homicide conviction against a Marshall teenager.
The young man was
acquitted, and a judge blasted Humphrey for playing "fast and loose, if
not recklessly, with the true facts. "
- Humphrey charged a state wildlife worker with animal
abuse after
the worker at the Nevin Fish Hatchery in Fitchburg killed a feral cat
that bit him and had been harassing the fish. State law allows hatchery
managers to kill nuisance predators. The case was eventually dismissed.
- Humphrey has charged and arrested witnesses for
failing to show up for
trials that had been canceled, a tactic his boss warned him was "an
abuse of your authority."
- Humphrey aggressively pursued seven felony charges
against a
bankrupt father who was $2,846 behind in child support for his
17-year-old daughter.
It made a judge wonder
aloud about the integrity of the justice system.
The point of prosecution should have been to get the
father to pay his $35-a-week payments. Instead, Humphrey seemed bent on
making sure the father would never be able to afford another payment
again. How, exactly, was that going to help the man 's daughter?
Luckily, a judge stepped in, issuing the father a token
fine and scolding Humphrey: "This was a prosecution solely because you
could. "
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