In Episode 335 of Everyday Injustice, host David Greenwald speaks with veteran criminal defense attorney Iris Eytan, founder and CEO of Protect Ethical Prosecutors, about what she describes as one of the most significant structural failures in the American criminal legal system: the lack of meaningful accountability for prosecutorial misconduct. Drawing on more than three decades of legal experience, Eytan explains how her work advocating for people with mental illness evolved into a career defending individuals accused of crimes and ultimately led her to launch a national effort to reform prosecutorial oversight.
Throughout the conversation, Eytan details the legal doctrine of absolute prosecutorial immunity, arguing that prosecutors who intentionally conceal evidence or engage in misconduct rarely face professional discipline or personal consequences. She discusses landmark cases involving wrongful convictions, including Connick v. Thompson, the prosecution of former Sen. Ted Stevens, the Duke lacrosse case, and several recent Colorado cases, contending that systemic incentives reward convictions while discouraging accountability. Greenwald draws on his own reporting experience covering wrongful convictions and prosecutorial misconduct, highlighting the challenges faced by people seeking justice after their convictions are overturned.
The discussion also examines Eytan’s representation of Barry Morphew and her claims that prosecutorial misconduct undermined the original murder prosecution against him, as well as the case of Deb Nichols, whose conviction is being challenged after previously undisclosed evidence surfaced years later. Eytan argues these cases demonstrate broader systemic problems rather than isolated incidents and explains why she believes prosecutors should be subject to civil liability in narrowly defined circumstances involving intentional, knowing or reckless misconduct.
Eytan concludes by outlining the mission of Protect Ethical Prosecutors, which seeks legislative and ballot measure reforms allowing wrongfully accused individuals to pursue civil claims against prosecutors in limited cases. She argues that stronger accountability would protect ethical prosecutors while deterring misconduct, restoring public confidence in the justice system. The episode offers an in-depth discussion of prosecutorial ethics, wrongful convictions and one reform advocate’s vision for changing the incentives that shape the criminal legal system.
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