The Arizona Republic turned to Prof. Bennett Gershman, an expert on prosecutorial misconduct, to comment on the U.S. Attorney’s Office investigating charges that prosecutors in the Maricopa County Attorney’s Office knowingly filed charges against county Supervisor Don Stapley three years ago although the statute of limitations had expired.
Asked by the Republic how serious it is to file charges outside the statute of limitation, Gershman responded, “It happens so infrequently that when it does happen, it stands out as egregious, outrageous misconduct. Charging someone with a crime is the most powerful weapon a prosecutor has in his arsenal. And if the prosecutor waits too long, and it’s clear that the prosecutor knows too much time has elapsed, but brings that charge . . . that’s an absolute blatant prosecutorial misconduct.”