Skip to content
A Member of the Law Professor Blogs Network

Innocence Attorney Found In Violation Of Ethics Rules

A panel has found misconduct by an attorney who retained a water bottle to test for DNA after interviewing the sister of a suspect in the crime for which her client (in part through her efforts) was exonerated and saved form execution, according to this report from the Associated Press.

The North Carolina State Bar has ruled that a lawyer who advocated for the wrongly convicted committed an ethical violation while trying to prove the innocence of a client.

Multiple media outlets report a State Bar disciplinary panel ruled Thursday against Chris Mumma, director of the North Carolina Center on Actual Innocence. Mumma was accused of taking a water bottle from someone without permission and having it tested for DNA.

 Mumma was trying to prove the innocence of Joseph Sledge, who served almost 40 years for a double murder until he was proven innocent. He was released from prison a year ago.

 

Multiple media outlets reported that the panel dismissed claims that Mumma was dishonest or deceitful or acted in a way prejudicial to the administration of justice. The panel will now determine her punishment, which could range from reprimand to disbarment.

Fred Morelock, the chairman of the panel, said the phrase repeated in the deliberations of the three-member panel was “crossing the line.”

The charges against Mumma date to 2013, when she and an employee of the innocence center went to the home of the sister of two brothers who had been suspects.

Mumma failed to convince the woman, Marie Andrus, to provide a DNA sample that could be tested to include or exclude her brothers as suspects, Mumma picked up her note pad and other items and grabbed a water bottle.

She realized the bottle was not hers but decided to keep it and have it tested for DNA. The bottle did not have DNA that was connected with the crime scene. Sledge was freed based on other evidence.

Our prior coverage is linked here. and here. 

Hat Tip to ABA Journal. (Mike Frisch)