9 Mass. Attorney Discipline Reports 23

 

Francis W. Bloom

 

FRANCIS w. BLOOM
S.J.C. No. 93-78 BD

Judgment and memorandum (public censure) entered December 16,
1993.

Memorandum of Decision

A hearing committee of the Board of Bar Overseers
recommended to the Board that it propose to this court
that the attorney be publicly censured. The Board unani-
mously agreed with that recbmmendation and ?led an
information requesting that relief. I fully concur that a
public censure is appropriate. Bar counsel?s recommenda?
tion of a private censure is unexplained on the record and
generally inexplicable.

The attorney?s conduct in a particular matter while he
was an Assistant District Attorney in Hampden County
was outrageous. He sought to trick two persons into con-
fessing to a crime by manufacturing and presenting to
them a false confession of a third person that implicated
the two in a crime. The attorney, as a witness, signed his
name tothe false confession. A police of?cer?s signature
was forged on the fabricated confession. Neither suspect
confessed. Each denied involvement in the crime. Neither
was charged.

The fabricated confession (without any explanation)
was left in the ?le of the person to whom the fabricated
confession was attributed. Another prosecutor found the
confession and planned to use it at a trial of the ?confessor?
until she discovered its falsity. Defense counsel for the
?confes?sor? was advised of the fraudulent document and
Sought to have charges against his client dismissed on the
ground of prosecutorial misconduct. The attempt failed
because the defendant made no showing of prejudice.

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24 9 Mass. Attorney Discipline Reports};

Francis W. Bloom

A prosecutor?s manufacturing evidence and represent-
ing it as true is a serious misstep. Fraudulent attempts
to enduce confessions are reprehensible. The integrity of
the Commonwealth?s criminal justice system is put in
question by conduct of this nature. Zeal for convictions
blinded the duty to do justice. Only because harm came
neither to the two suspects who were shown the fabricated
confession nor to the ?confessor? is discipline as mild as
a public censure warranted in this proceeding.

A judgment of public censure shall be entered.

Herbert P. Wilkins
December 16, 1993 Associate Justice

Judgment

This matter came before the Court, Wilkins, ., presid-
ing, on an Information and Record of Proceedings ?led
on November 18, 1993. .

It is ORDERED and ADJUDGED in accordance with
the Memorandum of Decision entered on December 16,
1993 that Francis W. Bloom be and hereby is publicly
censured. -.

By the Court (Wilkins, J.)
Richard J. Rouse

December 16, 1993 Clerk of Court