One of the more egregious cases of prosecutorial misconducts involves the case of Texas prosecutor Chuck Rosenthal who is the subject of a hearing in federal court to determine if he should be found in contempt of court for deleting more than 2,500 e-mails that related to a federal civil rights lawsuit brought against the Harris County Sheriff’s Office by two brothers.

Brothers Erik Adam Ibarra and Sean Carlos Ibarra have brought a false arrest and malicious prosecution suit against Harris County after sheriff’s deputies took their camera and wrongfully arrested them. The brothers had been filming the deputies, from their own property, executing a search warrant at a property across the street.
The charges against the men were eventually dropped and they were cleared of any wrongdoing.

During the discovery portion of the federal lawsuit, Rosenthal had been ordered to turn over emails from the computers of the prosecutors office but rather than do so, Rosenthal instead deleted over 2,500 emails.

More than 1,500 emails were either recovered or still on Rosenthal’s computer and have been turned over to the plaintiffs, messages that include pornographic, racist and political messages. Romantic emails between Rosenthal, who’s married, and his secretary, were released and then sealed.

In late December, Hoyt had released some of Rosenthal’s emails to the media but mistakenly included the love notes between Rosenthal and his secretary. The judge then resealed those emails saying that he had only intended to make public Rosenthal’s request that those messages be kept confidential. The second bunch of emails were released in January.