DA's lawyers say prosecutors enjoy immunity under the law. Judge says plaintiffs have a difficult path ahead.
Two people allege that prosecutors committed forgery, intimidated witnesses and obstructed justice by sending crime victims and witnesses so-called “DA subpoenas."
Staffers were told to use a notice that looked like a real court document, with “SUBPOENA” printed at the top.
Defense attorneys are seeking a new trial because their client was convicted after the victim received a fake subpoena.
Judge Byron Williams was a prosecutor when the DA’s office used an earlier version of its fake subpoenas.
Some have asked how Orleans Parish prosecutors used fake subpoenas for so long with no repercussions. We found several instances in which lawyers protested their use in court, but nothing happened. The practice stopped only when it was made public.
Criminal District Judge Karen Herman also issued arrest warrants to two women after they disobeyed fake subpoenas.
Former DA Harry Connick said there's a big difference between the notices his prosecutors used and the ones sent under the current DA.
But Cannizzaro’s office will continue to search case files for the documents, a spokesman said.
They contend the defendant should get a new trial because the DA didn’t disclose two fake subpoenas and other evidence.