In response to the letter by Butler County Prosecutor Michael Gmoser (“Prosecutor sets record straight”), March 27:

Mike Gmoser and Mike Nifong may have more in common than a first name. This past week, a federal judge permitted the falsely accused Duke Lacrosse players to sue Nifong. The civil rights lawsuit can include malicious prosecution, concealment of evidence and fabrication of false evidence.

Mike Nifong became infamous for the prosecution of three Duke lacrosse players. Nifong became prosecutor when he was appointed to serve an unexpired term. By 2006, he was fighting for his political future in a Democratic primary, and later, a general election. During the campaign, he brought criminal charges against three Duke lacrosse players for allegedly raping a female dancer.

Nifong won re-election, but the criminal charges against the Duke lacrosse players were eventually dismissed. Nifong was later disbarred and highly criticized for taking the case public with a series of false accusations. It was alleged that he tried to manipulate witnesses and exaggerate facts. His alleged motive — using the case to his political advantage.

Recently, Gmoser was appointed as prosecutor to fill an unexpired term. According to campaign statements, he will run in a primary and general election next year. The first few months of his administration have been focused on attacking and “investigating” his political opponent. Gmoser even told his opponent to lawyer up the very evening he was elected by the Butler County Republican central committee. The following day, during the course of the hearings, Gmoser readily spoke to the press. However, in a rare move, last week Gmoser “took the case public.” He wrote an article, published by a local paper, discussing matters pending before the court.

First, a prosecutor should be professional and focused on justice. A prosecutor should be able to ignore the media’s criticism by having a thick skin. Second, when a prosecutor addresses the media, he should always err on the side of caution in his statements. Just last week, Gmoser exaggerated by saying the “judge ruled these indictments are defective.” However, the judge actually ruled that he would defer “to the appropriate court the validity of the indictments in these cases.”

Last week, Gmoser’s office issued a new indictment to correct what he says were irregularities. This action could have been completed two months ago, but instead, Gmoser filed motions and issued subpoenas, causing a media sensation. Sensationalizing a case could be described as prosecutorial inexperience or political posturing.

Politics have no place in a prosecutor’s office. Politics have no place in the courtroom. Politics have no place in justice. Mike Nifong learned that lesson the hard way. We can only hope Mike Gmoser learns this lesson before people’s lives and careers are ruined.

Mike Allen

Attorney

Cincinnati

Editor’s note: The letter writer represents former Butler County assistant prosecutor Jason Phillabaum in legal proceedings over alleged grand jury irregularities.