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NEWS > 17 April 2008

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Cheektowaga police officer acc
A Cheektowaga police officer could lose his job for allegedly threatening a former girlfriend last summer with “vulgar” text messages and arranging to have her removed from the Sunset Bay Beach Club in Irving on July 4 last year.

“This is pretty serious,” Town Supervisor Mary Holtz told The Buffalo News of the accusations against patrolman David Robida. “We have a police chief that’s very concerned.”

The Erie County district attorney’s office has been informed, Holtz said, although town police Capt. John Glascott said there are no criminal charges pending.

The Tow... Read more

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17 April 2008
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Prosecutor misconduct case sti

What was expected to take a few days has turned into almost a three-week search to find an agency willing to investigate allegations that the head of the Wayne County prosecutor's drug unit used false testimony to hide an informant's identity in a 2005 cocaine case.


Three prosecutor's offices have turned down requests from the Michigan Prosecuting Attorneys Coordinating Council to handle the investigation of Assistant Prosecutor Karen Plants.

A fourth office has asked for additional background information before weighing whether to step into the case, Kim Warren Eddie, the council's assistant executive secretary, said Wednesday.

"I wish I could wave a magic wand, but I can't," Eddie said. "I can't force anyone to take the case, but I do have years of prosecutorial experience in persuasion."

Eddie declined to identify the prosecutor's offices he'd contacted but emphasized that "this is a difficult case to take on and will require a lot of work."

Plants is suspended with pay after the Attorney Grievance Commission filed a formal complaint against her last month that could result in revocation of her law license.

The commission said Plants knew police and a witness were lying when they testified about a bust involving 47 kilos of cocaine.

According to court records, the police and the witness said they'd had no contact before the arrests, but the witness was a paid informant who tipped off the police and was promised a percentage of any property and money seized from the drug dealer suspects.

Criminal investigations and charges against prosecutors are unusual, said Fred C. Zacharias, a University of San Diego law professor.

More often, errant prosecutors are fired or otherwise professionally sanctioned, said Zacharias, who has studied the disciplining of prosecutors.

"Proving a perjury case is hard," he said. "Generally, you have to prove not only that the perjury was intentional but also satisfying the elements of obstructing justice or the like."

Under state law, the coordinating council finds another prosecutor to handle a case that would present a conflict of interest to the prosecutor's office. The law also gives the state attorney general the right to take the case.

Plants' lawyer, Kenneth Mogill, said he is "perfectly confident that any fair-minded prosecutor will agree that there's absolutely no basis to charge Karen with anything."
 

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