Clark County claims, “if a Detective believes an individual is guilty, she escapes liability for FABRICATING EVIDENCE against the individual.”

By: The Reluctant Activist

Clyde Spencer appeals from the judgment of US District Court Judge Benjamin Settle who overruled a jury verdict in Spencer’s favor following a 17-day jury trial in his 42 U.S.C. § 1983 action. Spencer spent nearly two decades in jail until his criminal conviction was vacated because Clark County police officer, Sharon Krouse, fabricated evidence to gain Spencer’s conviction.

After Spencer’s criminal conviction was vacated, he sued the detective and Clark County for civil right violations in using ‘fabricated evidence’ to gain his unjust conviction. And the jury agreed with Spencer. However, after the jury verdict in Spencer’s favor, Clark County argued to US District Judge Settle and Judge Settle agreed with Clark County’s claim that, “if a Detective believes an individual is guilty, she escapes liability for FABRICATING EVIDENCE against the individual”.

During oral argument in the appeal of Judge Settle’s ruling to invalidate a jury verdict, the 9th Circuit found that Clark County’s claim that police officers can fabricate evidence if they believe an individual is guilty “astonishing,” and didn’t buy it. And neither do the citizens of Clark County, nor should any citizen of this State.

We must all take action to stop the continuation of a pattern and practice of these same acts being committed today and protected by judges like Judge Settle. Otherwise we leave our due process rights in the hands of judges … and these judges are no assurance they will uphold our laws — as Judge Benjamin Settle clearly demonstrates by overturning a jury verdict!

6 Comments

  • Jill Dodson:

    The 12 members of the jury DID NOT believe he was guilty. She is only 1 person. The jurors believed proven facts. Her alleged facts were fabricated not proven. If that is justice, whatever happened to innocent until proven guilty?

    • The Reluctant Activist:

      Right, the jury agreed with Spenser, not the police officer who fabricated the evidence. The point is our judicial system has been corrupted because lawyers, judges, prosecutors (a.k.a., all members of the Bar association), do not obey the laws that apply to lawyers, judges, prosecutors. Until citizens regulate and oversee the conduct of lawyers, judges, prosecutors … they will continue to abuse their powers to obtain unjust outcomes.

  • Linda Hulsey:

    Guess by Judge Settle it is OK for any detective to fabricate any evidence just to get a conviction. That is NOT a fair trial and we are suppose to be given a fair trail which Ray Spencer did not get and he lost 20 years with his children and his life. Shame on any judge or any officer that fabricates or allows fabricated evidence to be submitted in a court of law.

    • The Reluctant Activist:

      I agree. But Judge Settle isn’t the only one to blame… what about the lawyers who argue for the position that ‘fabricated evidence’ is legal? What it all boils down to is that government doesn’t want to be held accountable and limited to only “JUST POWERS” for the purpose to “PROTECT INDIVIDUAL RIGHTS” as Washington’s Constitution Article 1, Sec 1 expressly states. Every day government officials devise schemes and make up arguments to render Washington’s constitution and laws meaningless. The ONLY protect we have is in an ‘honest judge’ who will uphold the laws and punish lawyers who argue that ‘unauthorized conduct’ is ‘legal’…. also prohibited by Article 2, Sec 28(12)

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