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...Supreme Court heard oral arguments not over whether Richter and Hrvol had framed two men for murder, but whether they could be sued for it. In 2003, Iowa's supreme court overturned Harrington's conviction, while McGhee pled guilty to lesser charges and was released. Now both men are suing the Pottawattamie County prosecutors, claiming they coerced and coached witnesses, fabricated evidence and arrested them without probable cause. But according to federal law supported by numerous legal precedents, prosecutors have immunity for anything they do during a trial. Richter and Hrvol say they were just doing their...

Author: /time Magazine | Title: When Is It Legal to Frame a Man for Murder? | 11/5/2009 | See Source »

...This means that some people who are genuinely wronged by a prosecutor [are not] able to recover," Sanders concedes. "But better that, the court says, than have prosecutors plagued by endless nuisance litigation or have them make decisions about whether or not to bring someone to trial based on whether they think they're going to get sued...

Author: /time Magazine | Title: When Is It Legal to Frame a Man for Murder? | 11/5/2009 | See Source »

...completely clear - they didn't just present the evidence at trial, but also helped gather it. In an unusual move, the prosecutors aided detectives by canvassing the neighborhood and interviewing witnesses, and so their actions may not be covered by absolute immunity. That is what the Supreme Court will decide...

Author: /time Magazine | Title: When Is It Legal to Frame a Man for Murder? | 11/5/2009 | See Source »

...McGhee and Harrington, it does matter. They spent 25 years behind bars for a crime that they almost certainly did not commit. And now the men have gone to the Supreme Court not for justice but for the simple right to seek...

Author: /time Magazine | Title: When Is It Legal to Frame a Man for Murder? | 11/5/2009 | See Source »

...court doesn't protect an American from being framed for murder, if there isn't a remedy for being put in prison for something he didn't do based on evidence falsified against him," says McGhee's layer, Steve Davis, "then I'm going to move...

Author: /time Magazine | Title: When Is It Legal to Frame a Man for Murder? | 11/5/2009 | See Source »

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