The Right Kind Of Prosecutor

During my years as a practicing lawyer, I came in contact with several impressive Black lawyers with degrees from prestigious schools. Almost all of them were–like me–practitioners of civil or corporate law, usually with one of the larger law firms. The Blacks I knew who did practice criminal law were all defense lawyers. And it goes without saying (so I’ll say it), during those years, they all encountered considerable discrimination. 

So what made Kamala Harris decide to be a prosecutor? I think that early decision sheds considerable light on her judgement, her capacity to analyze the legal landscape and determine how best to seek justice.

The politics of criminal justice have inured most of us to a lopsided view of a prosecutor’s role. In communities large and small, lawyers have for years run for the office on promises to bring “law and order,” to be “tough on crime” and to “put the bad guys away.” We do want to put bad guys away, but we also want to be sure that the guys we’re putting away are really the bad guys. And even a cursory attention to the news confirms that–in too many places–innocent people have been imprisoned or worse. (Also in too many places, those errors have been the result of prosecutorial misconduct.)

It’s important that a prosecutor be concerned with justice–not simply with a win/loss ratio.

What triggered this observation was a recent article in the Indianapolis Star about the exoneration of a man who’d spent 15 years behind bars for a crime he didn’t commit. The case against Anthony Bedolla had unraveled amid allegations of potential police misconduct and constitutional violations.

A re-examination of Bedolla’s murder conviction raised serious concerns about whether detectives arrested the wrong man, then failed to disclose evidence that someone else may have been the killer. Instead, they relied largely on the testimony of a compromised and unreliable eyewitness, according to Bedolla’s petition for post-conviction relief.

Last week, a Marion County judge granted the petition and dismissed the charges against Bedolla, who had been sentenced to 45 years in prison for the killing.

The lawyers who obtained Bedolla’s release worked for the Notre Dame Exoneration Justice Clinic and the Conviction Integrity Unit of the Marion County Prosecutor’s Office. I have been aware of the existence of that Unit, which was created by Marion County Prosecutor Ryan Mears. to “identify, remedy and prevent wrongful convictions” because my youngest granddaughter has interned with the Unit since her senior year in high school. (She’s now entering her junior year in college.) She will also be participating in the opening and operation of the Indiana affiliate of the national Innocence Project.

As Mirror Indy has reported, the establishment of that affiliate is something of a homecoming for its director, Fran Watson, and “will build on her decades-long career as the director of IU McKinney law school’s Wrongful Conviction Clinic, which was a founding member of the Innocence Network.” As she explained to the Mirror, while innocence work exposes the reality of  wrongful convictions, and the various reasons for them, it was really the science of DNA that made exonerations possible.

Without DNA, no one would ever believe public defender people like me who said they’re innocent. Then DNA comes along, and the math is the math, and the numbers are the numbers, and they don’t lie, you have the wrong man in prison, and you lied to put them there.

My granddaughter was present when Anthony Bedolla was released. She’s passionate about justice, and–at least at this point–intending to go to law school. (And yes, I am one proud grandma.) But the reason I mention her participation is that without it, I would not have had the opportunity to interact with Ryan Mears, who–like Kamala Harris–became a prosecutor for the right reasons.

It was Mears who established the “Integrity Unit” in the Marion County Prosecutors office. Mears is one of an emerging generation of prosecutors who understand that the justice system has two equally important tasks: to put away the people who pose a danger to public safety, and to ensure that the people being incarcerated are, indeed, the people who deserve that punishment– that the real “bad guy” isn’t still free to harm others.

Public respect for the criminal justice system requires attention to both tasks.

Marion County is fortunate to have someone in that office who understands the importance of both of those obligations. And if Kamala Harris becomes President, we will be incredibly fortunate to have a Chief Executive who understood the importance of systemic justice at a time when far fewer of us did.

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Ceding My Space

This is Labor Day weekend. There are just over two months to election day, so it seems important to share the recent opinion of patriotic Americans who have served the United States in the federal government.

The 230+ former officials who signed this letter all served in Republican administrations. They recently issued it to explain their unequivocal endorsement of the Democratic ticket–to explain why they will vote for Kamala Harris and Tim Walz. I am reprinting their letter in its entirety–I don’t want to paraphrase, select portions, or otherwise alter its language.

The signatories are individuals who understand government–and the existential choice presented by this election.

I’ll return to my own commentary tomorrow. For today, here’s the letter, and a reminder that there are still some Republicans who put country over party.

_____________________

Bush, McCain, and Romney Alumni for Harris Statement

Four years ago, President George W. Bush, the late Sen. John McCain, and then-Gov. Mitt Romney alumni came together to warn fellow Republicans that re-electing President Trump would be a disaster for our nation. In those declarations we stated the plain truth, each predicting that another four years of a Trump presidency would irreparably damage our beloved democracy. We made those announcements months before lies about a stolen election became everyday talking points and six months before Trump incited an insurrection, cheering on a mob of sore losers and sycophants as they tried to use force to overturn the will of the American public.

We reunite today, joined by new George H.W. Bush alumni, to reinforce our 2020 statements and, for the first time, jointly declare that we’re voting for Vice President Kamala Harris and Gov. Tim Walz this November. Of course, we have plenty of honest, ideological disagreements with Vice President Harris and Gov. Walz. That’s to be expected. The alternative, however, is simply untenable. At home, another four years of Donald Trump’s chaotic leadership, this time focused on advancing the dangerous goals of Project 2025, will hurt real, everyday people and weaken our sacred institutions. Abroad, democratic movements will be irreparably jeopardized as Trump and his acolyte JD Vance kowtow to dictators like Vladimir Putin while turning their backs on our allies. We can’t let that happen. We know now, thanks to exit polling and voter data, that it was moderate Republicans and conservative independents in key swing states that ultimately delivered the presidency to Joe Biden—honest, hardworking Americans in Wisconsin, Michigan, Pennsylvania, Georgia, Arizona, and beyond that put country far before party. We’re heartfully calling on these friends, colleagues, neighbors, and family members to take a brave stand once more, to vote for leaders that will strive for consensus, not chaos; that will work to unite, not divide; that will make our country and our children proud.

Those leaders are Vice President Kamala Harris and Gov. Tim Walz.

_________________________

You can access the signatures–all eighteen pages of them–here.

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Another Rutabaga Election?

The reality of the Electoral College keeps Americans fixated on the “swing states.” National parties and the media routinely dismiss Indiana as a place where voters would elect a rutabaga if that vegetable had an “R” next to its name. That belief isn’t founded on actual voter preferences; it’s a result of extreme gerrymandering. Our legislative overlords draw lines that cram Democrats into a few urban districts while ensuring that a majority of districts include a greater number of (presumably reliable) Republican voters.

I’ve posted frequently about the negative consequences of that practice, but I’ve recently stumbled across an emerging positive–the discernable over-confidence it breeds in GOP candidates.

Take a look, for example, at the campaign for Indiana’s House of Representatives in District 88. That district covers Geist, Lawrence, Ingalls, McCordsville, Fortville, and Cumberland, and was clearly drawn to maximize Republican advantage. But it also contains a lot of educated voters, and in the wake of growing MAGA extremism and the Dobbs decision, is considerably less reliably Red.

Enter a serious Democratic candidate: Stephanie Jo Yocum, who is emphasizing her support for women’s reproductive rights, strong public education, safe and connected communities, workers rights and economic prosperity for all. (You can access her interpretations of those promises on the “issues” page of her website.)

After a conversation with a member of Yocum’s campaign, I went to the websites of the incumbent Republican, Chris Jeter–a campaign site and a personal one–and was astonished to find that neither site bothered with those silly things called issues. Instead, there were photos of his family, a biography (including an undergraduate Baptist College), and his reportedly active memberships in his church and the NRA.

The absence of policy positions seemed odd to me, but I assume Mr. Jeter feels it is sufficient to be a Republican running in a “safe” district. No need to defend his positions, which–after more googling–are unlikely to be widely popular even among non-MAGA Republican voters.

Jeter earned a ZERO rating from Indiana’s ACLU, for example. That rating was based upon several votes: he voted FOR Indiana’s ban on virtually all abortions; FOR a bill discriminating against trans girls (a bill vetoed by our Republican governor); FOR onerous limits on charitable bail organizations; and FOR a bill that would have limited how public schools and employees could address concepts related to an individual’s sex, race, ethnicity, religion, color, national origin, or political affiliation. (The vagueness of this bill would have effectively chilled discussion and instruction in Indiana classrooms.)

He also voted FOR new, onerous restrictions on absentee voting and voting by mail, and FOR a bill that would have given the Indiana Attorney General the power to request the appointment of a special prosecutor whenever county prosecutors exercise their (entirely lawful) discretion in ways the Attorney General disapproves, essentially allowing Indiana Attorney General Todd Rokita to substitute his discretion for that of an elected county prosecutor.

My brief research into Jeter’s voting history told me two things: he is a Republican culture warrior, and he is relying on his district’s gerrymander rather than his performance to return him to the legislature. He evidently shares the belief that all he needs to prevail is that “R” next to his name.

My analysis of District 88 can be replicated around the state. But despite the smug assurance of the Republican operatives who drew the lines and the candidates who confidently expect to benefit from them once again, I think they are missing some significant danger signals.

Over the past several years, Republican reliance on the “rutabaga” theory of Hoosier elections has allowed the party and its candidates to become more and more extreme–to ignore the grind of actual governance and constituent service and to focus almost exclusively on waging culture war. Rather than the day-to-day business of ensuring that Indiana’s bridges and roads and parks are well-maintained, they’ve waged war on women’s reproductive rights and the LBGTQ+ community; rather than attracting business to the state by enhancing our quality of life, they’ve cut taxes for top earners and their donors. Rather than strengthening our public schools, they’ve siphoned off tax dollars and sent them to religious schools.

The basic question for Hoosier voters in November is whether we will continue to vote for the rutabagas–the empty suits and Christian Nationalists and gun extremists and “privatizers” who–thanks to the absence of competition ensured by gerrymandering– now represent virtually all of Indiana’s Republican candidates.

Stephanie Yocum’s positions are far more likely than Jeter’s to reflect those of voters in House District 88, Democrat OR Republican.

It’s really past time to retire the rutabaga vote.

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The Unserious Party–Indiana Version

During her acceptance speech, Kamala Harris noted that Donald Trump is a deeply unserious man whose election would have very serious consequences. She might have broadened that observation by characterizing the GOP as an unserious political party.

I exited the Republican Party back in 2000, when the GOP’s transformation then underway was usually described as “rightward.” To the extent that “rightward” meant “toward fascism,” that description was accurate–but insufficient. It is equally accurate to note that the GOP has become increasingly unserious about governing.

Democrats do continue to focus on real governing issues–what should our foreign policy look like? What changes should be made to tax policy? What is government’s obligation to provide a social and physical infrastructure?  The GOP, in contrast, is focused on areas that are mostly off-limits to government under our Constitution: books they disapprove of should be removed from public libraries! Private companies should be forbidden from undertaking DEI activities! Women should be forced to give birth!

GOP priorities aren’t those that have traditionally been considered governmental.

 Indiana’s state tickets provide a picture-perfect example. The Republicans are all MAGA culture warriors, while the Democrats are focused on traditional governance issues: public education, taxation, the proper limits of government control over individuals.

The difference between the parties on issues of actual governance was recently explored by conservative economist Michael Hicks, who analyzed the seriousness of recent tax proposals. The headline was instructive: “Property taxes dominate the race for Indiana governor. Only 1 side has a real plan.” 

Indiana voters have now seen three separate property tax plans from candidates running for governor and lieutenant governor. All three offer insights into some of the fiscal philosophies of the candidates, the quality of their policy development process and the respect they have for Hoosier taxpayers.

Hicks began by discarding the plan offered by the Libertarian candidate for governor. 

Their proposal is to eliminate all residential property taxes, and instead tack on 7% sales tax to your home. I view their proposal as political posturing against the promiscuous use of tax abatements and tax-increment financing.

If you are tired of huge tax breaks for large companies, Indiana’s Libertarian Party is focused on your concerns. But their plan fails to consider things like the need to fund police protection, fire departments or provide heat to school buildings in winter.

In other words, it’s a very “unserious” plan.

Then Hicks took on MAGA Mike Braun’s plan.

The Republican — Mike Braun/Micah Beckwith — plan seems to have done two things. I say “seems” because it went through five major changes in three days after it was first announced. So, nailing down facts is not a trivial task.

The first thing this plan offers is the addition of a much larger exemption to homeowners. While this sounds alluring, it really has little or no effect on individual tax liability. Property taxes in Indiana are based on local government budgets, with caps placed on the value of the property, not the exemptions. So, for most Hoosiers, the first version of the Braun/Beckwith plan (or Beckwith/Braun plan according to the lieutenant governor candidate’s social media) had little or no effect on tax liabilities for most homeowners.

In response to major criticisms, the plan changed, but as Hicks noted, in its current iteration, it would either cut local government tax revenues or shift taxes to other taxpayers — primarily farmers and businesses.

Within farming communities, the property tax shift was enormous. Some farmers would see 70% tax increases…rural communities would see huge increases in farm taxes. Urban places would see big cuts in public services because of property tax caps, and suburban communities would need to pass school referendums to maintain bus service.

Hicks then turned to the Democrats’ plan, which would cut property taxes by roughly the same amount as the Braun/Beckwith plan, but in a way that doesn’t shift tax liability to farmers, renters or businesses. That plan

also ensured that local governments — schools, libraries, police and fire departments, and parks — would not face deep revenue losses.

Their plan had two distinguishing features. The first was that almost every element was analyzed by the Legislative Services Agency, with much of it taken from existing property tax proposals the legislature has been working on for the past 18 months. This means we know how much savings are to taxpayers, and how much and to whom the lost tax revenue flows.

The second key feature of the McCormick/Goodin plan was that most of the revenue losses were borne by state, not local government…  Notably, the Democratic plan actually caps property tax growth for individual taxpayers at a reasonable level.

Indiana Democrats want to govern. Unserious Republicans want the power to win the culture war. 

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Family Values

What are “family values?”

To hear Republicans describe them, family values are a traditional, a backward-facing insistence on sexual “purity” (for women) and heterosexuality: mom in the home watching the children (no pre-school or day care), gays in the closet, no access to abortion. Occasionally, there will be a nod to the importance of dad’s fidelity, but that gets awkward these days, given GOP allegiance to a male sexual predator.

Democratic policies illustrate a very different approach to valuing families.

For one thing, Democrats emphasize job creation, so that families can adequately care for the children they may–or may not–choose to have. (On that score, the GOP’s performance has been dismal: during the DNC, Bill Clinton noted that, since 1989, America has created about 51 million new jobs. Fifty million were created during Democratic administrations, one million under Republicans. This jaw-dropping statistic turned out to be true, albeit slightly misleading.)

Even if you discount the importance of a robust economy to the health of the American family, a glance at the policies pursued by the parties confirms that Democrats are far more family-friendly. Nicholas Kristof recently made that case. Calling Republican efforts to paint themselves as the “pro-family” party “chutzpah,” Kristof wrote

Children are more likely to be poor, to die young and to drop out of high school in red states than in blue states. The states with the highest divorce rates are mostly Republican, and with some exceptions like Utah, it’s in red states that babies are more likely to be born to unmarried mothers (partly because of lack of access to reliable contraception).

One of President Biden’s greatest achievements was to cut the child poverty rate by almost half, largely with the refundable child tax credit. Then Republicans killed the program, sending child poverty soaring again.

Can anything be more anti-child?

Well, maybe our firearms policy is. Guns are the leading cause of death for American children and teenagers, largely because of Republican intransigence and refusal to pass meaningful gun safety laws.

It’s because of the G.O.P. that the United States is one of only a few countries in the world without guaranteed paid maternity leave. Republicans fought universal health care and resisted the expansion of Medicaid; that’s one reason a child in the United States is three times as likely to die by the age of 5 as a child in, say, Slovenia or Estonia.

Kristof also noted several of the anti-child policies advanced in Project 2025, including ending Head Start–which has been a lifeline for low-income children– and dismantling the Department of Education.

Banning abortion and requiring women to give birth whether or not they can afford to feed and clothe a child is hardly “pro family”– even ignoring the fact that when women with dangerous pregnancies cannot access adequate care, they often die, leaving existing children motherless. And Republican extremism on abortion and birth control has led to obstacles to in vitro fertilization–for some families, the only avenue to producing those children Republicans want women to keep turning out.

Kristof also recognized the importance of the economy in supporting families. If marriage rates are important–and he agrees that they are–the evidence of economic influence is compelling.

Union membership among men raises their marriage rates, for example, apparently because they then earn more money and become more stable and appealing as partners. But Republicans have worked for decades to undermine unions.

And while marriage is important, so is access to divorce. Before easy access to divorce, large numbers of women were trapped in violent marriages that terrorized them and their children. (JD Vance is on record counseling women to remain in such marriages.) As Kristof notes,

One careful study by the economists Betsey Stevenson and Justin Wolfers found that the introduction of no-fault divorce in America was associated with about a 20 percent reduction in female suicides, at least a 25 percent reduction in wife-beating and an apparent decline in husbands murdering wives.

Which raises the question: can an anti-women party be pro family values?

In this policy arena–as in so many others–the fundamental difference between today’s GOP and the Democratic Party really does get back to dramatic differences in values. That’s why calls to “bridge our differences” and “achieve compromise” ring so hollow. If the debate is about the best way to achieve result X–say, feeding hungry children–then we can absolutely come to some sort of mutual agreement. But when one party wants to feed children and the other party doesn’t, compromise isn’t likely. 

Americans aren’t divided over policy; we are divided over values–and not just family values.

 
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