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F. R. Buck Files Jr.
Prosecutors Can Be Prosecuted, Too
Henry Dillon made the transition from bush-league prosecutor to hall of fame criminal
when the United States Court of Appeals for the Fifth Circuit affirmed his convictions
for depriving Sandy Carraby and Carolyn Carter of their right to bodily integrity under
color of law, a violation of 18 U.S.C. §242. United States v. Dillon, ___ F.3d ___, 2008 WL
2469408 (5th Cir. 2008). For more than thirty-five years, I have represented individuals who
were being investigated, sued or prosecuted for civil rights violations; however, I have never
before seen a case like this one.
The Facts in Dillon
Federal
Corner
Dillon was a lawyer in the state of Louisiana who had an active practice. He also served as an
assistant city attorney (ACA) for the City of New Orleans and was assigned, on a part-time
basis, to prosecute minor municipal offenses and traffic violations in the municipal and
traffic courts of the city. Most of the cases in these courts are resolved at arraignment. Defen
dants often appear without counsel and resolve their cases directly with the prosecutors,
who exercise substantial discretion.
Carolyn Carter had been arrested in December of 2003 for a minor traffic offense. One
of her friends suggested that she should talk to Dillon to see if he could help her with her
tick ets because she knew him to be an assistant city attorney. Carter followed her friend’s
ad vice, and Dillon did arrange for the dismissal of some of her pending tickets and promised
to “fix” other remaining tickets. On June 15, 2004, Carter learned that her son had been
ar rested on a municipal battery charge, and she sought Dillon’s assistance in securing his
re lease from jail. Dillon told Carter to come—alone—to his private law office later that day
to discuss her son’s situation.
When Carter arrived at Dillon’s office around 9:00 p.m., he asked her to give him her
son’s name, date of birth, and social security number. He then called a state court judge to
ar range for her son to be “paroled.” [Footnote 1 of the opinion informs us that in Orleans
Parish, state court judges can exercise their “parole power” to secure the release of arrestees
on their own recognizance.] After placing the call, Dillon told Carter, “I told you I can make
it happen.”
At that point, Carter attempted to leave, but Dillon stopped her, began kissing her, and
pushed her into another room. Once in the other room, Dillon told Carter that he knew “a
July/August 2008 VOICE FOR THE DEFENSE 15