Brief of Lisa Newman, Patrice Carr, and Dr. David "Tony" Antony Hart as Amici Curiae Supporting Affirmance of Sanctions Against the Philadelphia District Attorney’s Office for Failing to Protect Crime Victims’ Rights
35 Pages Posted: 21 Aug 2023 Last revised: 6 Oct 2023
Date Written: August 21, 2023
Abstract
This amicus brief in the Third Circuit case of Wharton v. Graterford is filed on behalf of the victims’ family and contends that the district court’s order sanctioning the Philadelphia District Attorney’s Office for failing to protect crime victims’ rights should be affirmed. The brief explains how the district court properly concluded that the DA’s Office misled the district court into thinking that the family had received an opportunity to confer about the D.A.’s Office’s concession of error in this capital case. The district properly sanctioned the D.A.’s Office for that misrepresentation, which impeded the district court’s ability to comply with its own statutory obligation to ensure crime victims are treated with dignity and respect. The district court’s sanction order (requiring a letter of apology to the family and more forthright communication in the future) was properly directed to protecting crime victims’ rights and the D.A.’s Office’s appeal challenging those sanctions should be rejected.
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