DWI/Manslaughter
Making prosecutorial misconduct work for you: the DWI/manslaughter case.
In every criminal case the prosecutor has an absolute duty to play fair. Most importantly, the prosecutor has a duty to turn over to defense counsel any and all evidence that could show that the defendant is innocent—so-called "exculpatory evidence."
After meeting with friends, Patrick Murphy (name changed to preserve confidentiality), an officer in the National Guard, was driving home at night along a rural road. The night was foggy and the road poorly lit. Suddenly, without warning, a deer jumped into his headlights, causing him to swerve slightly into the path of an oncoming car, which was itself on or slightly over the centerline, as argued by the defense. The ensuing collision resulted in the death of the driver of the oncoming car.
Patrick Murphy was transported to a hospital where a blood exam revealed the presence of alcohol in his blood. Patrick Murphy was charged with manslaughter and other serious charges and the prosecution insisted on a jail term of many years.
At the subsequent trial of the case, Attorney Spinella raised a number of defenses, including an expert opinion from a leading toxicologist who concluded that the hospital report was insufficient to establish an illegal blood/alcohol level at the time the accident occurred.
Most significantly, Attorney Spinella requested that the court impose sanctions and dismiss the case because of the failure of the prosecutor to disclose information in its possession that was exculpatory to Mr. Murphy. A hearing was ordered and subpoenas were issued to the State and the investigating police officers. Substantial evidence was elicited by Attorney Spinella, which buttressed his claim.
At the conclusion of the hearing an agreement was reached which punished Patrick Murphy in a way consistent with the evidence and not as a scapegoat for a tragic, but unintended, accident. After spending a short time in a jail designed for non-criminal defendants, he was released to live a productive life.