Prosecutor Misconduct No. 1719264872 - 1141933775

Jose Rodriguez
2610 14th Street
Columbus, Nebraska 68601

Reporting Authority

This complaint has been forwarded to the Nebraska State Bar Association

Statement

The date is the date I was sentenced. Platte County Nebraska District Court State v Mary Wiegand. CR-22 117 I am filing for Obstruction of Justice. Prosecutor's (Jose Rodriguez) failure to provide evidence, failure to keep evidence safe from destruction. Model Rule Rule 3.8: Special Responsibilities of a Prosecutor emphasizes the special role and responsibilities of prosecutors in the criminal justice system. Prosecutors are not just advocates seeking convictions; they are also obligated to ensure that justice is done, and that the rights of the accused are protected. Disclosure of Exculpatory Evidence Prosecutors are required to make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused, mitigate the offense, or impeach the credibility of a witness. Respect for Constitutional and Legal Rights Prosecutors must respect the constitutional and legal rights of all persons and should not use their position to intimidate, harass, or unduly pressure individuals Obstructing Access to Evidence Lawyers must not unlawfully obstruct another party's access to evidence or destroy or conceal documents or materials that may be relevant to a legal matter. This provision ensures that all parties have an equal opportunity to present their case. I was the the defendant. I requested a laptop throughout the entire case. I needed the laptop to be able to access websites, notes, emails, etc that would help me prove and find more invoices. I was threatened with more charges if I went through the deposition that I requested from my lawyer. Would not accept the fact that my attorney and I went through the audit from the "victim's" hired accountant and proved there was no money missing from the account, but I was charged with $105k The victim, my former employer was given access to the laptop that I used daily at work. That is the same laptop I requested. They changed the user name and or password so I could no longer access websites from home on my own personal laptop. The victim only marked that 9 checks (out of the 75+ checks I was accused of forging) that they were not signed by them. Why did I get convicted and forced to pay $105k. Please, help me! I have been accused of being "sore loser" and that is why I am filing. I am filing due to I was not given all the evidence that was available. I don't think i have much time for I was sentenced on June 29, 2023- almost a year. I cannot appeal, time is up. I cannot file for a pardon, it has not been 10 years. I have contacted the Nebraska Attorney General and they told me to hire an attorney. I have no money for an attorney. Please please help me! I was not treated fairly. I am not 100% in all of this. THe only thing that I admitted to doing was getting a loan under my employers name and had it deposited into my employers bank account. I was not charged with that! That was part of the plea agreement- no getting charged for the loan.

Definition of Offense(s)

Prosecutorial misconduct refers to actions by a prosecutor that are unethical, illegal, or violate the rights of a defendant.


Destruction of evidence refers to a situation in which a prosecutor intentionally or recklessly destroys or conceals evidence that is material to the outcome of a criminal case.


Evidence that is favorable to the defendant (exculpatory) and could impact the outcome of the defendant’s case (material) is often called “Brady material” because of the seminal 1963 U.S. Supreme Court case, Brady v. Maryland.


Obstruction of justice by a prosecutor refers to actions taken by a prosecutor to interfere with the administration of justice, such as hiding or withholding evidence, lying or making false statements in court, or engaging in other behavior that undermines the fairness and integrity of the legal