Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?

Published

12 months ago

May 17, 2024

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The job of the prosecutor is to hold the public accountable. But when the tables are turnedwhen the prosecutor is the one who allegedly flouted the lawit is, paradoxically, enormously difficult for victims to achieve recourse. Lawyers yesterday sparred at the U.S. Court of Appeals for the 5th Circuit over one such barrier preventing someone from suing a former assistant district attorney accused of misconduct so egregious that one judge on the 5th Circuit described it last year as “utterly bonkers.”

At the center of the case is Ralph Petty, whose yearslong career included work as both an assistant district attorney and a law clerkat the same time, for the same judges. In practice, that means his arguments as a prosecutor were sometimes performance art, because, as a law clerk, he had the opportunity to draft the same rulings he sought in court. It doesn’t take a lawyer to deduce that the set-up presents troubling implications for due process.

One of Petty’s alleged victims, Erma Wilson, would like the opportunity to bring her civil suit against him before a jury. In 2001, she was convicted of cocaine possession after police found a bag of crack on the ground near where she and some friends were gathered. Law enforcement offered to let her off if she implicated the guilty party; she said she didn’t know.

Years later, that conviction continues to haunt her. Most notably, it doomed any chance of her fulfilling her lifelong dream of becoming a nurse, because Texas, where she lives, does not approve registered nursing licenses for people found guilty of drug-related crimes.

Wilson’s conviction coincided with the beginning of Petty’s dual-hat arrangement in Midland County, Texas. Though he was not the lead prosecutor on her case, she alleges he “communicated with and advised fellow prosecutors in the District Attorney’s Office” on her prosecution while simultaneously working for Judge John G. Hyde, who presided over her case, giving him “access to documents and information generally unavailable to prosecutors.” ( Hyde died in 2012.)

“Further undermining confidence in Erma’s criminal proceedings, Petty and Judge Hyde engaged in ex parte communications concerning Erma’s case,” her lawsuit reads . “Consequential motions, such as Erma’s motion to suppress, were resolved in the prosecution’s favor throughout trial. And despite the weak evidence against her, Erma’s motion for a new trial was not granted. Any of these facts by itself undermines the integrity of Erma’s trial. Together, these facts eviscerate it.”

Typically prosecutors are protected by absolute immunity, which, as its name implies, is an even more robust shield than qualified immunity. But that issue is not before the 5th Circuit, because Wilson must overcome another barrier: Someone who has been convicted of a crime may not sue under Section 1983the federal statute that permits lawsuits against state and local government employees for alleged constitutional violationsunless “the conviction or sentence has been reversed on appeal or otherwise declared invalid,” wrote Judge Don Willett for the 5th Circuit in December. “The wrinkle here is that Petty’s conflicted dual-hat arrangement came to light only after Wilson had served her whole sentence.”

But Willettthe same judge who characterized Petty’s alleged malfeasance as “utterly bonkers”did not appear happy with his own ruling, which he said came because his hands were tied by precedent. He invited the 5th Circuit to hear the case en banc, where all the judges on the court convene to reconsider an appeal, as opposed to a three-judge panel (the usual format for evaluating cases).

The court accepted. “The defendants say that [Wilson is] forever barred from invoking that federal cause of action or any other federal cause of action unless she first persuades state officials to grant her relief. If they never do, she can never sue,” Jaba Tsitsuashvili, an attorney at the Institute for Justice who is representing Wilson, argued yesterday. “In most circuits, that argument would be rejected, and rightly so.”

At the center of the case is Heck v. Humphrey (1994), a Supreme Court precedent that, as Willett noted, forecloses Section 1983 relief for plaintiffs alleging unconstitutional convictions if his or her criminal case was not resolved with “favorable termination.” The catch: Most federal appeals courts have established that Heck does not apply when federal habeas relief is no longer available, as is the case with Wilson. The 5th Circuit is an exception.

Perhaps soon it won’t be. Yet even if the judges agree with Tsitsuashvili’s interpretation of the law, Wilson is not in the clear. She will then have to explain why Petty is not entitled to absolute immunity, which inoculates prosecutors from facing such civil suits if their alleged misconduct was carried out in the scope of their prosecutorial duties. It is nearly impossible to overcome. But Petty may not be a candidate for it, because his malfeasance was technically not committed as a prosecutor. It was committed as a law clerk.

Should Wilson be granted the privilege to sue, it will be the first time an alleged victim of Petty’s gets a tangible chance at recourse. There was, of course, the fact that he was disbarred, but defendants whose trials were marred by Petty likely take little comfort in that, particularly when considering it came in 2021two years after he retired.

UK

VE Day: Veterans to join King for tea party as Keir Starmer praises ‘selfless dedication’

Published

3 hours ago

May 5, 2025

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VE Day: Veterans to join King for tea party as Keir Starmer praises 'selfless dedication'

Veterans are set to join the King for a VE Day tea party today as the prime minister has paid tribute to the “selfless dedication” of the war generation.

Among them will be a 99-year-old who took part in the D-Day landings and a 100-year-old woman who worked in the Special Operations Executive, known as Churchill’s Secret Army.

Director general of the Royal British Legion, Mark Atkinson, said the charity was “proud” to be taking a place “at the heart of these national celebrations and commemorations” on the 80th anniversary of the end of the Second World War.

He said it would be “one of our last opportunities as a nation to pay tribute to those veterans still with us today”.

Evacuees from World War Two and veterans who were still in active conflict after VE Day are among the other guests set to attend the tea party, which will take place in the presence of the King and other members of the Royal Family.

At 12pm, the Royal Family will observe a military procession, followed by a flypast.

It will be the first major VE Day anniversary without any of the royals who stood on the balcony of Buckingham Palace on the day victory in Europe was declared, after the death of the late Queen Elizabeth II in 2022.

‘Not just for Britain’

The celebrations come as Prime Minister Sir Keir Starmer praised veterans for their “selfless dedication” and thanked them for a “debt that can never fully be repaid” in an open letter ahead of VE Day.

He said the stories which will be heard this week from those who fought in the Second World War would be a reminder that the victory “was not just for Britain” but was also “a victory for good against the assembled forces of hatred, tyranny and evil”.

Sir Keir said the WW2 veterans “represent the best of who we are” and that without their service “the freedom, peace and joy that these celebrations embody, would not be possible”.

Personnel from NATO allies the US, France and Germany will be among those taking part in the procession in London.

The commemorations will begin with the words of Sir Winston Churchill‘s 1945 victory speech, spoken by actor Timothy Spall.

Thousands of people are expected to line the streets of the capital to witness the celebrations.

On the anniversary itself on Thursday, marking exactly 80 years since the Allies formally accepted Germany’s surrender, a service of commemoration will be held at Westminster Abbey, to include a national two minutes’ silence.

Pubs across England and Wales, which usually close at 11pm, will also stay open for an extra two hours to allow punters more time to celebrate.

Sports

Logano gets 1st win this season in OT at Texas

Published

3 hours ago

May 5, 2025

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Logano gets 1st win this season in OT at Texas

Associated Press

May 4, 2025, 09:23 PM ET

FORT WORTH, Texas — Reigning NASCAR Cup champion Joey Logano overcame a lot to get his first victory this season.

It came a week after Team Penske teammate Austin Cindric‘s win at Talladega, where Logano had a fifth-place finish that became 39th after a postrace inspection found an issue with the spoiler on his No. 22 Ford. There was also Logano’s expletive-laden rant on the radio toward his teammate in the middle of that race that the two smoothed out during the week. Oh, and he started 27th at Texas after a bad qualifying effort on the 1½-mile track.

But Logano surged ahead on the restart in overtime Sunday to win in the 11th race this year. He led only seven of the 271 laps, four more than scheduled.

“After what happened last week, to be able to rebound and come right back, it’s a total ’22’ way of doing things. So proud of the team,” Logano said.

On the final restart after the 12th caution, Logano was on the inside of his other teammate, Ryan Blaney. But Logano pulled away on the backstretch and stayed easily in front for the final 1½ laps, while Ross Chastain then passed Blaney to finish second ahead of him.

“Just slowly, methodically,” Logano said of his progression to the front. “Just kept grinding, a couple here and a couple there and eventually get a win here.”

Logano got his 37th career victory, getting the lead for the first time on Lap 264. He went low to complete a pass of Michael McDowell.

“I mean, there’s always a story next week, right?” Logano said. “So I told my wife last week before we left, I said, ‘Watch me go win this one.’ It’s just how we do stuff.”

On a caution with 47 laps left, McDowell took only two tires and moved up 15 spots to second. He ended up leading 19 laps, but got loose a few laps after getting passed by Logano and crashed to bring out the caution that sent the race to overtime. He finished 26th.

“We were giving it everything we had there to try to keep track position,” McDowell said. “Joey got a run there, and I tried to block it. I went as far as I think you could probably go. When Blaney slid in front of me, it just took the air off of it and I just lost the back of it. I still had the fight in me, but I probably should have conceded at that point.”

Odds and Ends

William Byron, Kyle Larson, Denny Hamlin and Chase Elliott remained the top four in season points. … Elliott left Texas last spring with his first victory after 42 races and 18 months without one. He hasn’t won since, and now has another long winless drought — this one 38 races and nearly 13 months after finishing 16th. … A crew member for Christopher Bell crawled in through the passenger side of the No. 20 Joe Gibbs Racing Toyota and was fully in the car to reconnect an air hose to the driver’s helmet during a caution in the second stage. It took two stops during that caution, and twice climbing into the car, to resolve the issue.

Fiery end to Hamlin streak

Hamlin had finished on the lead lap in 21 consecutive races, but a fiery finish on Lap 75 ended that streak that had matched the eighth longest in NASCAR history. He was the first car out of the race.

After the No. 11 Joe Gibbs Racing Toyota lost power, something blew up when Hamlin recycled the engine. Flames were coming from under the car and it was engulfed in smoke when it rolled to a stop on the inside of the track, and Hamlin climbed out unharmed.

Youngest pole sitter

Carson Hocevar, the 22-year-old driver who is McDowell’s teammate with Spire Motorsports, was the youngest pole sitter in Texas. He led only the first 22 laps of the race, losing it while pitting during the first caution. He finished 24th after a late accident.

Stage cautions

Both in-race stages finished under caution. Cindric won Stage 1 after Hamlin’s issues, and Kyle Larson took the second after a yellow flag came out because of debris on the track after the right rear tire on Chris Buescher‘s car came apart.

Larson got his 68th overall stage win and his sixth at Texas, with both marks being records. He has won a stage in each of the past five Cup races at Texas, starting in his 2021 win there.

US

Trump calls for reopening of Alcatraz to house ‘most ruthless and violent offenders’

Published

5 hours ago

May 5, 2025

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Trump calls for reopening of Alcatraz to house 'most ruthless and violent offenders'

US President Donald Trump has called for the reopening of notorious prison Alcatraz.

In a post on his social media site Truth Social, Mr Trump said America had been “plagued by vicious, violent, and repeat criminal offenders”.

He added that when the United States was “a more serious nation” it “did not hesitate to lock up the most dangerous criminals”.

“That is why, today, I am directing the Bureau of Prisons, together with the Department of Justice, FBI, and Homeland Security, to reopen a substantially enlarged and rebuilt Alcatraz, to house America’s most ruthless and violent offenders,” he wrote.

Mr Trump said the reopening of the San Francisco prison would “serve as a symbol of law, order, and justice”.

The US president’s latest policy announcement comes after he fired national security adviser Mike Waltz last week in the first major change to his administration.

Alcatraz was infamously inescapable and in the 29 years it was open, 36 men attempted 14 separate escapes, according to the FBI.

Nearly all of them were caught or did not survive the attempt at escaping.

The prison housed some of America’s most notorious criminals, including Al Capone and George Kelly.

It has also been the subject of a number of films, including The Rock, starring Sean Connery and Nicolas Cage.

Alcatraz Island, which is surrounded by strong ocean currents and cold Pacific waters, is now a major tourist site, operated by the National Park Service.

The prison’s closure in 1963 was attributed to crumbling infrastructure and high repair costs.

A spokesperson for the Bureau of Prisons said it would “comply with all presidential orders”.

The Bureau of Prisons currently has 16 high-security prisons, including its maximum-security facility in Florence, Colorado, and a facility in Terre Haute, Indiana, which is home to the federal death chamber.

The United States’ federal law enforcement agency has been the subject of increased scrutiny in recent years after Jeffrey Epstein‘s suicide at a federal jail in New York City in 2019.