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Page 18 The Westchester Guardian THURSDAY, DECEMBER 16, 2010TRAVELThe Boulders Resort,Carefree, ArizonaContinued from page 17gazed with amazement at the spectacular architecturaldesigns of Arizona’s state tree, the Palo Verde. The name isSpanish for green stick, and in autumn, its chlorophyll-filledbranches punctuate the desert sky.On The Boulders property, there’s a magical placedcalled Promise Rock, a one-of-a-kind romantic outdoorvenue where fairytale weddings unfold. I was told it’s alsoa divine place to renew one’s vows. I had to see it! Createdby nature but discovered only recently by the resort, PromiseRock opened this spring for those entering life’s most importantunion – marriage. The site draws upon the strength androck-solid foundation of the surrounding boulders and theonly sound I heard was that of a cascading waterfall nearby.I was particularly taken with the rock art that The Boulderscommissioned of a couple holding hands, done in the style ofan ancient petroglyph. The icing on the wedding cake: a “his& her” pair of saguaro cacti that presided over the venue – alovely symbol of partnership.The Boulders Resort is the recipient of countless awards,including Conde Nast Traveler’s “Gold List, Top Resorts ofthe World,” Arizona Bride Magazine’s “Best Wedding NightHotel,” and Zagat’s “#1 Resort in the Southwest Region.”If You Go:The Boulders Resort is located 33 miles from PhoenixSky Harbor International Airport, and transportation can bearranged in advance through the resort concierge. For moreinformation or reservations, contact The Boulders at (866)397-6520 or (480)488-9009 or visit www.TheBoulders.com.Photos courtesy of Sloane PhotographyTravel Editor Barbara Barton Sloane is constantly globe-hoppingto share her unique experiences with our readers; from the exotic tothe sublime. As Beauty/Fashion Editor she keeps us informed onthe capricious and engaging fashion and beauty scene.TRUTH AND JUSTICEIncreasing Awareness of Prosecutorial MisconductDiscipline and Accountability Hampered byProsecutorial ImmunityBy Jeff DeskovicLast Thursday evening, CNN’sAnderson Cooper ran a segmenton prosecutorial misconduct, aphrase that is finding its way into public consciousnesswith ever increasing frequency. His guests were BarryScheck, co-founder of The Innocence Project and wellknown author and former prosecutor Jeffrey Toobin.Their discussion centered around a recent study bythe Northern California Innocence Project, whichidentified more than 700 California cases involvingmisconduct from 1997 to 2009, from which only 6prosecutors (fewer than 1%) were officially disciplined.In fact, judges who were supposed to be referring prosecutorsfound to have been engaged in prosecutorialmisconduct to the state bar for investigation were inalmost every instance failing to do so.USA Today ran a two-part series in Sept. of 2010on prosecutorial misconduct by federal prosecutors thatreviewed 201 cases of misconduct in which a judgepublicly reprimanded the prosecutor, and found only 1prosecutor “was barred even temporarily for practicinglaw.”In August of 2010 The Innocence Project releasedits own study that found in 25% of 255 DNA exonerationsto that point, prosecutorial misconduct wasa factor. Of the various types of misconduct engagedin, more than 38% involved withholding exculpatorymaterial (Brady Violations) - often involving knowledgeof alternative suspects and forensic evidence. 37%involved multiple instances of misconduct-usually apairing of Brady violations with improper argumentsor questioning.The above studies are merely emblematic of theincreased public and media awareness of a heretoforegenerally unrecognized and clearly unpunished blightwithin our criminal justice system. It is becomingincreasingly more apparent that the traditional conceptof prosecutorial immunity has in fact been a major catalystin the shameful number of wrongful convictionsbeing exposed to a large extent by highly refined DNA,and other technologies.The bugaboo defense most frequently offeredfor the perpetuation of immunity- a legal doctrinestating that prosecutors cannot be sued personallyno matter how egregious their conduct if it happensafter an arrest has been made- is that prosecutorsneed to be free to do their job without fear of legalvulnerability, and that their time should be spentprosecuting cases, not defending themselves fromcharges of wrongful conduct.As I see it, law abiding prosecutors would havelittle to fear, and could do their jobs just as effectivelyas others in law enforcement who do not enjoy suchimmunity. Given the umbrella of such immunity, it isnot surprising that unscrupulous prosecutors continueto break the law and violate the civil rights of accusedindividuals in an all out misguided effort to win convictionsat any cost, often resulting in the conviction ofinnocent targets of opportunity.Another catalyst for such wrongful behavior andegregious outcomes resides in the fact that thosedistrict attorneys running the office are most oftenelected and frequently point to high percentages ofconviction thereby creating an incentive to those prosecutorsunder their supervision to bring about as manyconvictions as opposed, thus ensuring their re-election.All too often as these unfortunate elements workingin tandem continue to produce wrongful convictions,bar associations and judicial tribunals fail to hold themaccountable and to punish them.As this grievous circumstance both at the stateand federal level has moved into the public conscience,spurred by mounting media coverage, it is becomingmore and more evident that we need the formulationof meaningful policy and legislation to stem this tide.We can no longer ignore the need to hold prosecutorspersonally accountable for both their civil and criminalviolations of individual civil rights. Therefore, the timeis at hand to bring about meaningful and effective legislationthat will bring an end to such abuses.Specifically, I propose legislation to end prosecutorialimmunity from civil lawsuits in clear cut instancesof intentional misconduct. I am further proposinglegislation that will impose incarcerative penalties forthe same.After all, police officers who daily place themselvesin harms way are not accorded such immunity, andfurther, if they violate a civilian’s civil rights, they aresubject to arrest and federal prosecution. Why shouldprosecutor’s be any different? In fact, as a society, do wereally need to maintain this class of individuals who areabove the law, who in effect by their conduct proclaim,“Do as we say, not as we do?”Jeffrey M. Deskovic is a Criminal Justice Advocateand Exoneree. To learn more, visit his website: www.JeffreyDeskovicSpeaks.org.