It's Not a Crime If "We" Do It

The "Royal We," that is.

Our government ... teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. ~Louis Dembitz Brandeis

I was watching The Closer tonight. The episode was entitled "Maternal Instincts." Within the story is another story: Deputy Chief Brenda Leigh Johnson commits a crime, and will never be prosecuted for it.

In California, the locale of The Closer, it is a misdemeanor "punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year" to intercept a communication between two people unless all of the parties have given consent. See Cal. Pen. Code 632(a).

Notwithstanding the above, Brenda directs Buzz (the independent contractor A/V guy), to surreptitiously place an audio/video recording device into a hospital room so that she can eavesdrop on the victim and her niece, Charlie. Stumpy and I immediately looked at each other and said, "That's a crime."

Later on, in Chief Pope's office, Brenda, Chief Pope and Captain Taylor are discussing that Brenda will not be able to use the tape because it is "fruit of the poisonous tree." No discussion about the fact that a crime had just been committed by the police. No talk about official reprimand for violating either the law or official policies, just a conversation about how she will have to get the information independently from some other source.

In the next scene, Brenda goes home and coerces Charlie to sign a statement, or she will send the tape to Charlie's parents.

Another example was on tonight as well in this week's episode of Raising the Bar. A gang leader in prison was stabbed by a young man who was in prison awaiting trial (the charges against the young man were later dismissed). Here, the ADA made a "deal" with the gang leader to testify against the young man. The deal was to reduce the life sentence to 10 years.

This is clearly bribing a witness:

N.Y. Pen. Law § 215.00 Bribing a witness.

A person is guilty of bribing a witness when he confers, or offers or agrees to confer, any benefit upon a witness or a person about to be called as a witness in any action or proceeding upon an agreement or understanding that (a) the testimony of such witness will thereby be influenced, or (b) such witness will absent himself from, or otherwise avoid or seek to avoid appearing or testifying at, such action or proceeding.

Bribing a witness is a class D felony.

Note well that there is no exception in the statute whereby a public prosecutor is authorized to "confer any benefit upon a witness." Notwithstanding the above, research about decisions surrounding a public prosecutor offering deals to witnesses reveals that the courts have decided that no bribery has occurred because this is a "time honored" practice among prosecutors and the legislature did not intend that this "common" practice be curtailed.

Is it any wonder that the people are starting to rise up against such lawlessness?