Prosecutorial Abuse

Tales of prosecutorial abuse are ubiquitous and Ross’s case is no exception.

Preclusion of evidence

Two corrupt federal investigators (now in prison) with unfettered access to Silk Road, stole over $1 million from the site. The prosecution aggressively moved to keep any reference to them, or to their activities, hidden from the jury.

This was in direct violation of the Brady Rule, an established law that states evidence favorable to a defendant is not allowed to be hidden.

Read more at Evidence Hidden From Jury.

Illustration: The Economist

Document Dump

7,500 pages of government evidence were dumped on the defense only a week before trial, although the prosecution had possessed it for a year.

Read more at Papered to Death.

Uncharged, unproven allegations

The prosecution used false, uncharged allegations of violence to deny Ross bail, smear him in the media, bias his jurors, and justify the life sentence he ultimately received.

Although the accusations were not part of Ross’s charges at trial—which were all non-violent—the presiding jugde permitted the prosecution to speak at length about these uncharged allegations, despite protest from the defense that this would prejudice the jury and the public.

Read more at Making A Murderer.

Despite admitting this, the prosecution talked in detail about these allegations during their closing argument