New Orleans Prosecutor Sends Witnesses Mock Subpoenas: Report
A prosecutor's office in New Orleans is sending notices that are stamped "subpoena" but that are not issued by a judge or court to witnesses in criminal cases, according to a new report.
Legal experts told The Lens NOLA, an investigative news website, that the formal-looking paperwork is unethical and possibly illegal.
A spokesman for Orleans Parish Leon Cannizzaro defended the practice, saying, "It's no different than if we just put a letter out on our letterhead."
But the "subpeona" letters also come with a threat of arrest. "A fine and imprisonment may be imposed for failure to obey this notice," they said.
The Lens said it had confirmed three instances in which the notices were used, including the case of slain former NFL player Will Smith.
"There's no question this is improper," Pace University law professor Bennett Gershman told the site. The DA's spokesman, Chris Bowman, said his boss "does not see any legal issues with respect to this policy."