[Deathpenalty] death penalty news----DELAWARE

[Rick Halperin]

July 28



DELAWARE:

Ex-prosecutor suspended for mocking death penalty defendant


Former Deputy Attorney General R. David Favata has been suspended from 
practicing law in Delaware after he repeatedly belittled a defendant and lied 
to the judge during a Kent County death penalty trial.

Favata's conduct at the trial led the state's Supreme Court to overturn the 
conviction and death sentence for the 28-year-old defendant, Isaiah McCoy, 
earlier this year.

McCoy is now awaiting a new trial for the charges stemming from the 2010 murder 
of 30-year-old James Munford.

The Supreme Court on Monday took the additional step of suspending Favata for 6 
months and 1 day. He will have to show he has been rehabilitated in order to be 
re-admitted to the Bar.

Favata has been a member of the Bar in Delaware since 1988. He worked as a 
prosecutor for the Department of Justice from 1998 until his retirement in 
March, a department spokesman said.

The Supreme Court's 21-page decision Monday said Favata committed several 
ethical violations during the case, including the following:

-- As McCoy cross-examined a key witness, the girlfriend of the victim, Favata 
objected and expressed his own opinion that McCoy was guilty. Favata said: "She 
obviously hasn't spoken to the defendant since he shot her boyfriend."

-- Favata told McCoy in one conversation to "start acting like a man." In 
another conversation about McCoy's attire, Favata said: "I don't care. You can 
dress him up. He's still a murderer."

-- Favata made demeaning comments about McCoy's choice to represent himself. 
He said, for example: "Quite frankly, the defendant might not be aware because 
he lacks legal training." "I have been to law school, Your Honor. I understand 
the rules." "The trouble with dealing with somebody with a limited education 
and no legal education is he doesn't clearly understand what he's reading."

-- Finally, Favata, while in the presence of McCoy during a court recess, 
spoke about "Omerta," an Italian mafia code of silence. Favata said he would 
put a detective back on the stand to tell everyone that McCoy was a snitch. He 
added that McCoy could have trouble back in prison after the other inmates 
learn he is a snitch.

McCoy alerted the judge to the comments, but Favata denied them.

The prothonotary, who was in the room and overheard Favata's comments, was 
disturbed that he lied to the judge and wrote a note saying McCoy was telling 
the truth.

Favata eventually admitted the comments were meant to be heard by McCoy.

The judge attempted multiple times to rein in Favata's behavior, according to 
the decision. The judge said he didn't appreciate the remarks and 
"disrespectful" antics.

The jury found McCoy guilty of multiple charges for killing Munford in the 
Rodney Village Bowling Alley parking lot during a drug deal that was supposed 
to be for 200 ecstasy pills and crack cocaine.

The Supreme Court granted McCoy a retrial in January, citing Favata's 
unprofessional conduct. The court called his conduct the "antithesis" of the 
standards for lawyers in Delaware.

"Although most of the misconduct occurred outside the jury's presence, the 
conduct set a tone for the trial that was disturbing and unacceptable and 
increased the potential that the jury would decide the case by discounting the 
defendant's version of events for inappropriate reasons, a factor made even 
more important given the centrality of witness credibility in this case," the 
court wrote.

The court ended by saying that any sanction other than a suspension would fail 
to provide "necessary protection for the public."

The court's decision was unanimous, except for Justice James T. Vaughn, Jr. who 
partially dissented to the length of the suspension.

(source: delawareonline.com)