- The Washington Times - Tuesday, November 21, 2000

While Democrats conspire to steal the presidential election from Republicans, prosecutors, police and even judges conspire to steal justice from the American people.

The public was shocked to learn that the highly respected FBI Crime Lab was manufacturing false evidence to aid prosecutors. The public was shocked again when it was discovered that the Los Angeles Police Department had framed hundreds of people sent to prison.

These injustices, committed by people whom society trusts to determine guilt and innocence, are not aberrations. If the premier crime lab and a premier police department are corrupt, you can imagine the situation elsewhere. And indeed, wherever we look we witness the cruelty of a bureaucratized system driven not by justice but by conviction rates.

On Nov. 16, Rick Casey of the San Antonio Express-News brought to light the case of Fred Zain, a former crime lab serologist in Bexar County, Texas, and West Virginia. The county and state have paid millions of dollars “to men convicted and imprisoned because of Zain's false tests and testimony,” reports Casey.

When a law firm representing the state police found that Zain was falsifying evidence, the firm recommended that Continental Casualty Co., the insurer for state agencies, settle the claim secretly in order to avoid “irreparable harm to the State Police.” The law firm added that if the facts of the case got out, it “will precipitate a number of claims from persons against whom the testimony of (Zain) was used in criminal cases.”

Other secret settlements followed, exposing the state and Continental Casualty Co. to additional civil actions for suppressing evidence that could lead to the release of other innocents. Now insurance giant AIG, a co-insurer of state agencies, has entered the fray with a suit against Continental. AIG says the coverage it agreed to provide does not include “conspiracies to keep innocent persons in prison.”

So far, Zain has escaped punishment, but he now faces charges for defrauding the state with false testimony.

The heartlessness of the state police agency, its law firm and insurer is stunning. Self-interest prevailed over justice, and innocent men were left to rot in prison.

My own investigations have led me to conclude that there are as many convictions based on false testimony as on real evidence. A deadly mixture for a wrongfully accused male is a police Sex Crimes Unit, a feminist prosecutor and a feminist judge. Dr. Patrick Griffin, in a case brought to light by The Wall Street Journal's Dorothy Rabinowitz, was ruined by his encounter with these three pillars of justice.

Griffin enraged a patient when he refused to provide false medical testimony to support her tort suit against an apartment owner. She claimed she suffered trauma from being evicted for nonpayment of rent. The patient turned her ire against Griffin and accused him of oral contact with her private parts while performing a colonoscopy. At the time that the incident allegedly occurred, the patient was both asleep and covered in feces from uncontrollable diarrhea.

The charge was absurd, but the feminist “expert” from the Sex Crimes Unit, the feminist prosecutor and feminist judge got around the lack of evidence by staging a trial that violated the doctor's rights. The proceedings were so flawed that the state Supreme Court overturned the doctor's conviction.

The feminist prosecutor responded to the dent that the doctor's successful appeal put in her conviction rate by threatening the doctor with a retrial. She offered a deal — probation in exchange for a plea admitting some guilt on some sex charge. The doctor refused.

The feminist prosecutor tried Griffin again — but this time without the help of the feminist judge. A real judge presided over the retrial, and the false case that had been brought for no reason of justice was thrown out of court.

Griffin is free, but still deprived of his wealth, his practice and many years of his life.

The criminal justice system has lost the ability to screen out unbalanced people who use their offices not to serve justice, but to serve bureaucratic success indicators such as conviction rates, propagandistic causes and tort lawyers. If truth be known, some of the worst criminals in the country are ensconced in the offices of the criminal justice system.

Dr. Roberts' latest book, “The Tyranny of Good Intentions,” has just been released by Prima Publishers.


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