Prosecutor's Undercover Facebook Chats Deemed Unethical

Using a fake Facebook identity to talk to alibi witnesses is unethical behavior for a prosecutor.

 

Disciplinary Council v. Brockler, 2016 BL 66525, Ohio, No. 2015-0280, 2/25/16

     The Ohio Supreme Court ruled that no matter the intentions of a prosecutor, there is no public policy exception for the Ohio prosecutor who used fake Facebook accounts to speak with alibi witnesses. The Ohio Supreme Court ruled that the fake Facebook account violated Ohio Rule of Professional Conduct 8.4(c) dishonesty, fraud, deceit, or misrepresentation. The court refused to recognize a public policy exception that would permit deceptive prosecutorial investigative tactics.

      This ruling is similar to the 2002 case in Colorado where a prosecutor was suspended for pretending to be a public defender to talk a suspect into giving himself up. See, In the Matter of Mark C. Pautler.

http://www.bloomberglaw.com/public/desktop/document/Disciplinary_Counsel_v_Brockler_2016Ohio657_Ohio_Feb_25_2015_Cour?1457969598