The duty of the prosecutor is to seek justice, not merely to convict. Prosecutorial misconduct occurs when a prosecutor breaks a law or a code of professional ethics in the course of a prosecution.Sometimes, prosecutors find evidence that would tend to exonerate the person they are trying to convict. Because Prosecutors are charged with presenting the truth, the prosecution is obligated to turn over all exculpatory evidence to the defense. But they don’t.
See what was withheld: I bet if his phone records showed that he was in the area during the time of the robbery, the prosecution would have been all over it. But it didn’t. Our attorney did not even bring it up at the trial.
Taken directly from Arrest Affidavit.
May 23id, 2011
I wrote an Order to Produce Records for Charles Ajoloko’s cell phone and had it signed by Judge XXXXXX. These records will determine if Ajoloko was in the area during the Robbery.
June 4th 2011
I received the results from the Order to Produce for Charles Ajoloko’s phone. I looked at the dates the Robberies occurred to see if Ajoloko was in the area. It appears Ajoloko’s cell phone was not used near the Robberies.
The detective lied during her sworn deposition on 4/2/2012 . She did not want it known that she had the results. See Below:
4 Q You also acquired the phone records of
5 Mr. Ajoloko.
6 – Can you walk us through how you did
7 that or the process?
8 A I believe I used a subpoena for that. And,
9 um –no, I got an order, a court order-
10 Q Okay.
11 A — to produce. And I’m just waiting for
12 the results to get here.
13 Q Did you turn over that order to — as a
14 part of your discovery?
15 A Should have.
16 Q Because I don’t see it. I don’t see it in
17 my package.
Never a truer picture.