I agree with Professor Reynolds. Prosecutor conduct like this should carry the death penalty:
the California Court of Appeal reveals that state prosecutors and California Attorney General Kamala Harris continue to be part of the problem. Kern County prosecutor Robert Murray committed “outrageous government misconduct.” Ms. Harris and her staff defended the indefensible—California State prosecutor Murray flat out falsified a transcript of a defendant’s confession.
Kern County prosecutor Robert Murray added two lines of transcript to “evidence” that the defendant confessed to an even more egregious offense than that with which he had been charged—the already hideous offense of molesting a child. With the two sentences that state’s attorney Murray perjuriously added, Murray was able to threaten charges that carried a term of life in prison.
My view on this sort of thing is that if they aren’t going to play by the rules and are not punished by breaking the rules then their opposition is under no obligation to play by the rules either. It’s game on.
We really don’t want to go there but I don’t see an alternative.