Judicial And Legal Misconduct Committed By Judge Francis Darigan, Jr. In Rhode Island Courts
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Judge Darigan proves the old adage - "the state
can indict a postage stamp"
and "if the state wants to get you, they will" in this ruling.
While not misconduct per se - this is from the Providence Journal in the fall of 2006: Judge Francis J. Darigan Jr. noted in his ruling that grand jury proceedings are one-sided and that prosecutors are not required to present evidence that supports a defendant's interest. Such a two-sided presentation is reserved for the trial, Darigan wrote. Darigan also ruled that a grand juror's general question about the existence of any evidence favorable to the defendants does not require prosecutors to search for and present such evidence.
Caught.net note: this is one of the main reasons that prosecutorial misconduct and abuse of prosecutorial discretion is so rampant in our system. Furthermore, for those that have seen modern day trials, ask them if it was a genuine two-sided presentation. "Broad latitude" is given trial judges to "select" the evidence in a trial using what is called "judicial discretion." This "discretion" is heavily favored and presumed properly exercised when appeals are heard. So the indictment process AND trials are NOT really designed to be the "full and fair" two-sided presentation that most think. While A framework is there to allow it to happen, as more and more are finding out, it rarely does.
Superior Court Judge Francis Darigan pulled the rug out
from under the state’s system for enforcing ethics in government.
He dismissed charges that former Senate President William Irons had acted in the interests of a business client, finding that the “speech-in-debate” clause of the state constitution barred the state Ethics Commission from questioning or investigating lawmakers on the basis of their legislative acts. See Rhode Island Ethics Commission page regarding the Irons case.