Posted On: January 22, 2011 by Baker Associates

Detectives Pose as Fake Lawyers to Secure Guilty Plea

In every profession, there are some who go about their job the right way and some who do not. Unfortunately, those who do their job the wrong way and happen to be in law enforcement have the ability to put the lives and freedom of citizens in serious jeopardy. For a great example of this, look no further than the story of two Monroe County Sheriff's Deputies who fooled criminal suspect John Dawson into believing that the detectives were actually lawyers who represented him and tricked him into pleading guilty on charges of theft, drug-dealing, and burglary.

Reports say that Detectives Doug Brannon and Pat Henry even went as far as concocting fake letters from a fake law firm and sending them to Dawson through his cellmate. Detectives were unfortunately successful in securing the plea, but not surprisingly, Dawson's real lawyer appealed the guilty plea to the Tennessee Court of Criminal Appeals. The Court of Criminal Appeals correctly ruled that the circumstances surrounding the plea were a shocking violation of Mr. Dawson's constitutional rights, with Judge James Witt calling the detective's actions "egregious, illegal, and abhorrent."

The aforementioned characterization of the detectives' actions is entirely accurate. Such actions demonstrate an egregious disregard for the constitutions of the United States and the State of Tennessee, and constitute a blatant violation of the rights and civil liberties of criminal defendants. There is no word as of yet regarding whether the detectives will be facing any charges such as felony official misconduct, but their actions certainly fit that offense as it is defined by the statute.

Unfortunately, there are those in law enforcement and the court system who disregard the pursuit of justice as they strive for self-promotion or other goals. The rights of criminal defendants often get lost as other forces come into play. Criminal defendants in Tennessee would do well to join forces with aggressive criminal defense counsel who will protect their rights from those who seek to infringe them.

Source: http://www.wate.com/Global/story.asp?S=13884017

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