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Federal Judiciary

: Southern District of Florida

Michael Sherwin is a good example of a U.S. Attorney with principles

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 Check out this Washington Post article here. Sherwin is being criticized by both the left and the right.  But he's just trying to do the right thing by not bringing charges where there is no evidence.  Good for Sherwin!

Federal prosecutors on Tuesday accused D.C. police of using insufficient evidence to arrest demonstrators accused of rioting, putting the U.S. attorney?s office and local authorities at odds over how to deal with days of unrest in the District.

The written rebuke came one day after D.C. Mayor Muriel E. Bowser (D) publicly criticized the U.S. attorney?s office for not pursuing most of the criminal ­charges filed by police against nearly 70 people arrested during protests since mid-August. She also sent a letter to prosecutors detailing her complaints.

Noting the mass arrests three weeks ago of 42 people who police said were in a group that spray-painted buildings and set fire to patio umbrellas in Northwest Washington?s Adams Morgan area, acting U.S. attorney Michael Sherwin told Bowser in his own letter that he had no choice but to drop charges against all but one defendant.

?The ?42 rioters? were arrested as a collective by MPD and presented to the Office without any articulable facts linking criminal conduct to each individual arrested,? Sherwin wrote in his letter. ?Simply put, we cannot charge crimes on the basis of mere presence or guilt by association.?

In his letter, Sherwin says he met with police leaders to request help ?to further develop these cases to establish a bare minimum of probable cause. To date, no sufficient evidence has materialized.?

***

?As I am sure you are aware, without some evidence to establish probable cause of a particular arrestee?s criminal conduct ? e.g., a police officer?s observation or video footage of the alleged crime ? we cannot bring federal ­charges,? Sherwin wrote. ?Surely, by your comments, you are not suggesting that this Office skirt constitutional protections and due process.?

 

Full post as published by Southern District of Florida on September 03, 2020 (boomark / email).

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