Former Fed. Prosecutor: McCulloch Violated Rules Of Conduct
[su_right_ad]Former Federal Prosecutor Jonathan Shapiro says St. Louis County Prosecutor Bob McCulloch could face sanctions for putting witnesses on the stand he knew were lying under oath. Shapiro spoke to Ari Melber on MSNBC.
MELBER: Why would a prosecutor say that he should put people on the stand in a grand jury that he didn’t think were telling the truth?
SHAPIRO: Well, he shouldn’t and no lawyer should. The rules of professional conduct prohibit it, rule 3.3 specifically says a lawyer shall not put a witness before a tribunal, including a grand jury, if the lawyer, including a prosecutor knows the person is not telling the truth. You can’t do it. It’s illegal. It’s called suborning perjury.
If you do it the sanctions that you face are contempt of court sanctioned by your state bar, in this case the state of Missouri, or prison. You’d be indicted for it. The question is what did this prosecutor know and when did he know it?
If he knew that that witness, number forty was lying and wasn’t there, he had a ethical, legal and professional duty to not put the witness on the stand. If he found out about it later, he had a separate obligation to notify the tribunal, that is go into the grand jury and say that witness lied to you.[su_csky_ad]