conviction, on the ground that the prosecution had failed to prove the scientific validity of its
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4.2.12
WC: 191694
conviction, on the ground that the prosecution had failed to prove the scientific validity of its
theory.
We later learned that Harry Shorstein—who argued that appeal—had information that should
have led him to know or at least suspect that the test results he had presented to the jury were at
best highly questionable and at worst flat out false. Yet he never disclosed this information to the
court or to the defense. We filed a complaint with the appropriate authorities, since such conduct
on the part of the prosecutor raises grave ethical issues. Shorstein then filed a counter-complaint
alleging—quite absurdly—that the very act of filing a complaint against him constituted
misconduct. Shorstein’s tactic is only one of the ways overly aggressive prosecutors discourage
lawyers from complaining about their ethical violations.°’ Nothing came of either complaint, but
when President Obama was considering appointing Shorstein to become a United States Attorney
in Florida, we notified the White House and the Senate Judiciary Committee of Shorstein’s ethical
lapses and he was passed over for the job.
Dr. Sybers and his wife of __ years now live in .
57 Other tactics that I have experienced include:
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