Two former Plymouth County prosecutors have their careers on the road after a Board of Bar Overseers listening to panel discovered “unacceptable” misconduct on their half in a case that put a Brockton Excessive College senior behind bars for 17 years for a criminal offense she didn’t commit.
“We are mainly struck by how seriously the respondents’ misconduct undermined the integrity and reputation of prosecutors in this Commonwealth,” BBO listening to committee members Payal Salsburg and Melina McTigue Garland wrote of their report. “We cannot minimize the harm to the integrity of our legal system and the administration of justice when the motivations and biases of prosecutors become news.”
They added that the “unacceptable” habits illustrated horrible judgment and a whole disregard for the excessive requirements a prosecutor ought to meet.”
It took prosecutors John Bradley Jr. and Karen O’Sullivan three tries to convict Frances Choy on fees that she set fireplace to her Brockton house within the early hours of April 17, 2003, to burn her dad and mom alive as they slept.
They secured a conviction in 2011 and Choy was sentenced to 2 life sentences with out the opportunity of parole — a conviction overturned in 2020 when misconduct first got here to gentle.
In the course of the trials, based on a Board of Bar Overseers report, the prosecutors have been participating in misconduct that included withholding exculpatory proof and demonstrating racial bias in opposition to the defendant in emails.
“When the prosecutors’ actions give even the impression of bias, when defendants are not treated with dignity or respect, when prosecutors do not ensure they are playing by the rules and disclosing exculpatory evidence as required, the public is left to question whether the promise of a fair trial has been fulfilled.”
All three BBO members beneficial sanctions that “must make clear to the bar and to the public the serious and repugnant nature of their misconduct.”
Salzburg and Garland beneficial a one-year suspension for Bradley, the lead prosecutor within the trials, and a two-year suspension for O’Sullivan, who served as second-chair. They be aware that they urge the bar “to consider higher sanctions, if possible.”
O’Sullivan’s beneficial suspension is longer in dispute, as she was the junior prosecutor and had ready the lead investigator for his trial testimony. This meant she would have had entry to his file, which included exculpatory info not shared with the protection, based on the report.
The third BBO member, Charles Bobbish, agreed to sanctions however beneficial that O’Sullivan be indefinitely suspended for her habits.
The hearth and the trials
Choy, then a 17-year-old Brockton Excessive College honors pupil, and her 16-year-old nephew Sung Ching “Kenneth” Choy, have been indicted individually in June 2023 for the homicide of Yiu “Jimmy” Choy, 64, and his spouse Nu Trinh “Anne” Choy, 53.
The murdered couple have been Frances Choy’s dad and mom, whereas Kenneth Choy was Jimmy Choy’s grandchild who had come to dwell with them in 2000 when his mom in Hong Kong may now not afford to take care of him, based on court docket paperwork.
Firefighters arrived somewhat earlier than 5 a.m. and heard the kids yelling from an upstairs window for assist and that the adults have been trapped inside, based on modern Herald reporting. Firefighters rescued them by way of the window however discovered the adults unconscious. Anne Choy would die that night time from burns and smoke inhalation, whereas Jimmy Choy would dangle on for a bit longer earlier than additionally dying.
The hearth was deemed suspicious and police discovered a be aware in Kenneth Choy’s bed room with a point-by-point plan for the arson, based on Herald reporting. That included duties like “get gas,” “pour gas in bottles,” “fire up the basement,” “fire up grandfather’s room” and “wait for cops.”
The trials
Frances Choy and Kenneth Choy have been tried individually. Frances Choy’s first trial led to a mistrial on Jan. 24, 2008. Kenneth Choy’s trial started 4 days later and he was acquitted on Feb. 1, 2008.
Prosecutors organized an immunity deal for Kenneth Choy to testify in opposition to Frances Choy in her second trial, engaged on the concept the pair had labored collectively within the homicide, based on the BBO report. He testified in opposition to Frances in her second trial however jurors as soon as once more failed to achieve a verdict.
Kenneth Choy fled to Hong Kong forward of Frances Choy’s third trial, however his earlier testimony in opposition to her was learn in court docket and Bradley and O’Sullivan secured a conviction and Frances Choy was sentenced to 2 life phrases.
Her case was regarded into by the Boston Faculty Innocence Program, which labored to safe that her conviction and sentence was vacated “on evidence of innocence and prosecutorial racism.”
Trial Decide Linda Giles vacated Choy’s conviction and sentence in September 2020. She famous in her order that the emails between Bradley and O’Sullivan exhibited “anti-Asian bias against (Choy), her family, and all Asian-Americans” and that had she been conscious of those “racially and sexually degrading emails,” she would have declared a mistrial.” She additional discovered that the prosecutors had launched false testimony and failed to show over exculpatory proof to the protection.
“Nothing can erase the pain of losing my parents and how they suffered. I miss them every day. Even in prison I tried to live my life in a way that honored them,” Frances Choy instructed Boston Faculty Regulation College Journal after her conviction was vacated. “I’m relieved that the truth has been revealed and to have my life back beyond prison walls.”
