Another Stupid Prosecutor

What is going on with stupid prosecutors these days? In Colorado, there is a young and inexperienced prosecutor named Todd Risberg, who requested discovery of all the evidence in possession of all parties involved in a case he tried. Everyone complied, but Risberg still felt somehow cheated, so he filed a motion about it. During court, the judge ruled that the prosecution had all the evidence it needed, and that the defendant's attorney did not have to supply the prosecutor with any more so-called "evidence"; which, in this case, was a penned letter to one of the defendant's friends. Had the judge ruled otherwise, and had the defense still refused, someone would have been in contempt of court then and there; but no one was in contempt of court, because all of the judge's orders were followed. So what does Risberg do? He files criminal charges against the defense attorney for not handing over the letter the judge said he did not have to hand over! He feels that this step is necessary to "send a message" to defense attorneys in his area. Where's the eye-rolley when I need it?

I do not believe Risberg's dumbass case will go anywhere. No defendant, represented by an attorney or not, has a legal obligation to fork over evidence, including written or oral statements, to help the State prosecute a case. The fourth and fifth amendments to our Constitution are quite clear about this. Many of the defense attorneys in Risberg's area are in solidarity against this case, and against these tactics, and it will not surprise me a bit if the case is dismissed with prejudice. Sadly, it will also not surprise me a bit if Risberg finds a way to take his nonsense to civil court, when criminal court fails to give him his own way.

This is the kind of stuff about which ethics complaints are written to Bar Associations. And I would certainly write one if I were involved in this case.