The Louisiana Rules of Professional Conduct say that prosecutors must “refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.”
Monroe Freedman, a law professor at Hofstra University, said that rule, based on the American Bar Association model code, is about allowing due process for people accused of a crime.
“What that means is the prosecutor condemning that person before his or her family, neighbors, business associates and the public generally,” Freedman said. “It is very unfair.”
While Perricone made his comments under the veil of “Mencken1951,” Freedman said the prosecutor should have foreseen that his persona could be unmasked. “In that sense, even though he begins by being anonymous, he is speaking under color of law as a prosecutor,” Freedman said.
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