the highest standards

I WAS THE LEAD ATTORNEY representing Ryan Frederick in the recent trial in Chesapeake involving the tragic death of Detective Jarrod Shivers. I write not to comment on the trial or the verdict, but to echo the sentiments on your op-ed page ('Ethics, fairness guide Portsmouth prosecutor,' Roger Chesley, Jan. 31) commending Portsmouth Commonwealth's Attorney Earle Mobley for his actions in the trial.

The Rules of Professional Conduct, which govern the ethical obligations of all lawyers practicing in the commonwealth, place special obligations on prosecutors. Their job is not to obtain a conviction but to ensure that justice is done. Prosecutors are required to turn over to the defense exculpatory information, or evidence, that would be favorable to the defense and that would include materials that affect the trustworthiness of witnesses.

In Frederick's case, Mobley, upon learning of the appearance of a witness, Jamaal Skeeter, immediately recognized that his office possessed significant materials that bore on the credibility of Skeeter. Even though it wasn't his case, Mobley immediately and without hesitation contacted the special prosecutor and turned over the materials.

In addition, he made himself and his deputy prosecutors available for testifying on behalf of the defense. Those materials and that testimony completely destroyed, in my opinion, the believability of the witness and directly affected the case's outcome.

Mobley could have easily remained quiet, but he clearly recognized his ethical responsibility and acted in accordance with the highest standards of the profession. The law places a burden on the prosecutor to recognize this evidence, and the courts and the defense rely on the prosecutors to comply with these obligations. I would hope that all prosecutors have taken note of Mobley's immediate action and would follow his model.

Portsmouth citizens should be proud of their commonwealth's attorney. He acted ethically and responsibly to ensure the fair trial rights of a defendant charged with the premeditated murder of a police officer. If I lived in Portsmouth, he'd have my vote.

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