Arizona Case Exposes Prosecutorial Misconduct and Wrongful Convictions
In an examination of the case against three men sentenced to death for a triple murder that occurred in Tucson's El Grande Market, reporter Jeffrey Toobin in the New Yorker describes the incidents that led to the fall of the lead prosecutor, Kenneth Peasley, for presenting false evidence in the case. Only one of the co-defendants, Martin Soto-Fong, remains on Arizona's death row. Of the other two defendants, Christopher McCrimmon was acquitted at a re-trial in 1997, and Andre Minnett had his conviction reversed in 1996, with subsequent prosecution barred on double jeopardy grounds in 2002 because of Peasely's intentional misconduct. In 2004, Peasley was disbarred for his actions in the El Grande case. Soto-Fong, who was 17-years-old and a foreign national when the crime occurred, is appealing in federal court and has maintained his innocence. Recently, a new witness has emerged pointing to other defendants and excluding the three who were originally convicted.
(J. Toobin, "Killer Instincts," The New Yorker, January 17, 2005). See Innocence.