Thread by @dilanesper

Colorado prosecutors falsely accused defendant of rape, convicted him, destroyed DNA evidence that could have exonerated him, and when the actual rapist confessed, threatened HIM with perjury charges, causing him to recant. 1/ #appellatetwitter

ca10.uscourts.gov/sites/ca10/fil…

Eventually, when the real rapist once again confessed, forcing a vacation of the defendant's conviction, the Colorado prosecutors tried him again! This time, the jury acquitted him. This guy spent approximately TWENTY SEVEN YEARS in prison. 2/

That included 20 years after the destroyed DNA test, and three years after the prosecutors threatened the perjury charge against the confessor. Held, his 1983 suit was properly dismissed- no constitutional violations. 3/

Obviously a lot went wrong here and it's highly outrageous in many ways. But the threat of perjury charges really got me- prosecutors are supposed to be about doing justice, not winning cases. But these jerks acted like the worst sort of win-at-all-cost competitors. 4/

We should consider making it a crime, with serious prison time & a special prosecutor to bring charges, whenever a prosecutor attempts to interfere with testimony that could exonerate a defendant. That's obstruction of justice the same as when the mob tampers with a witness. 5/

Prosecutors who do this should also face a bar investigation. It should be made very clear that the to all prosecutors ONLY proper response to new evidence that calls in doubt a conviction is "thank you for doing your civic duty". End/