In previous posts, I complained about having to trust prosecutors to set up victim interviews. In case you don’t feel like clicking on the links, I’ll summarize: in Arizona, defense attorneys have to ask the prosecutor to ask the victim if he or she wants to talk to them. As I discussed in those posts, there are a lot of problems with that. I recently encountered a situation that highlighted one big problem.
The victim in one of my domestic violence cases has recanted. She is very eager to tell everyone, myself included, that she lied about what happened and wants the prosecutor to dismiss the charges. I know for a fact she told the prosecutor she wanted absolutely nothing to do with the case and was not willing to participate in any way. The letter I sent to the prosecutor reminding him of his obligations under Brady and Kyles demanded, among many other things, interviews with all of the prosecution’s witnesses. The victim, of course, is one of them.
Keeping in mind the fact I know the victim told the prosecution she would not cooperate with them or participate in the case because she wanted the charges dropped, consider the following sentence:
Note; [the victim] wishes not to be interviewed.
That appeared in the prosecutor’s written response to my letter. I think it’s seriously misleading, if not an outright lie. Your thoughts?