Did Female Prosicutor Read Kavanaugh His Rights?
A lawyer trained by Rachel Mitchell says her memo to Republican Senators stating she would not bring criminal charges against Brett Kavanaugh is "disingenuous at best."
Read Story Transcript Rachel Mitchell is an Arizona prosecutor who has tried many sex crimes cases — and she says she would not bring criminal charges against Brett Kavanaugh. The U.S. Supreme Courtroom nominee is not on trial. But he did announced earlier the Senate judiciary committee last Thursday, forth with Christine Blasey Ford — the woman who accuses him of sexually assaulting her in loftier school. Mitchell is the lawyer the Senate Republicans hired to question them both. Following the session, Mitchell wrote a memo to those Republicans stating that no reasonable prosecutor would accept the case to court. She did non reply to As It Happens' request for comment. Matthew Long, an attorney who was trained by Mitchell, told toldAs It Happens host Carol Off he finds Mitchell'due south memo misleading. Here is function of their chat. What did y'all starting time think when [Mitchell] was chosen by the Republicans on the Senate judiciary committee to be their interviewer? I was very much at peace with the selection because of my associations with Ms. Mitchell, having known her to exist someone who cares very much near balancing victim rights and the rights of the accused. What did you lot brand then of this memo? That it was offered from a prosecution standpoint and from a sexual practice crimes adept standpoint — both of those are peculiarly concerning. Given the format, in that location's no style that any prosecutor, including Ms. Mitchell, would make the assessments and judgments that she did in that memo with the express information that she was given and that nosotros were given up to that hearing and in that hearing. Instead, a prosecutor, and including Ms. Mitchell, would certainly take demanded boosted investigation. I find the memo disingenuous at all-time and misleading at worst — considering information technology doesn't reflect the realities of what happens in prosecution offices every day. But she's very definitive, isn't she? She writes in this memo, she said, "a 'he said, she said' case is incredibly difficult to prove but this instance is fifty-fifty weaker than that." And she says that Dr. Ford identified other witnesses to the event and those witnesses either refuted her allegations or failed to corroborate them. She said there was not enough evidence to satisfy the preponderance of the evidence standard. That'south pretty stiff, definitive language, isn't information technology? Information technology's strong and definitive linguistic communication. It's absolutely also misleading. It's misleading considering the only witness statements that she is referring to are in these written statements. Non as it relates to an interview, or any type of follow-up to these witnesses where their memories can exist verified, or whether or not the style in which they answer questions can exist evaluated. Ms. Mitchell knows that this blazon of a statement, a written statement, would never be considered as evidence in her office or anywhere else. If that came in, she would take demanded that those people be interviewed before she put any weight into those statements. In her memo, she is going against what she knows to be truthful. These are the things that she taught you in how to proceed with these cases. Possibly the virtually controversial office is that she questions Christine Blasey Ford's retention of the timing of the effect — the dates of what happened and when it happened. This is what she points to as being show that Blasey Ford is non a credible witness. How does that fit with what Ms. Mitchell taught you nearly how to question and examine retentiveness of victims? It's directly inconsistent to how I was trained. That, perhaps, was the most misleading office of the memoranda, because currently in the Maricopa Canton Chaser'southward Office, where Rachel Mitchell supervises, they have many, many, many cases where they have a charging document, their indictment, has an expanded time frame, an expanded date of multiple years that highlight a specific instance of assault. Because they know — nosotros know, experts know — that the power to pinpoint a date in time is very, very hard, if not impossible, as a outcome of retentivity. That'southward why the police force does non require date equally an chemical element of offence. What consequences are at that place from this memo and this performance on her career? I can only speak to the calls and emails that I've gotten from prosecutors in this state and throughout the country, including those that were trained by Ms. Mitchell and hold her in high regard, who are very concerned with the harm that she has done to prosecution offices as far as calling into question their objectivity. Besides equally the damage that she has done to victims, who will feel that prosecution offices, some of the terminal places that they feel they can go, will also not believe them, but instead rely on an unrealistic standard, a false standard, for what they think a victim ought to look like. I'm the rare person that has to be correct almost this because I correspond both victims and those who were accused. Both of them deserve a real voice, and neither of them take got one in this proceeding. Written by Kate Swoger and John McGill. Produced by Kate Swoger. Q&A has been edited for length and clarity.
Source: https://www.cbc.ca/radio/asithappens/as-it-happens-tuesday-edition-1.4846987/lawyer-calls-out-rachel-mitchell-over-misleading-kavanaugh-memo-1.4846990
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