Upstate N.Y. Prosecutor Remains in the Hot Seat

[The Straight Story]

MANHATTAN (CN) - A upstate New York prosecutor does not have immunity from claims that he defamed a woman to the press, illegally listened to her voicemail messages and convinced her abusive boyfriend's ex-wife to secretly record a phone call with her, the 2nd Circuit ruled.
Stephanie Flagler of Utica pressed charges against her abusive ex-boyfriend Brandon Becker.

Before trial began on March 17, 2009, Fulton County Assistant District Attorney Matthew Trainor worried that Becker would encourage Flagler to avoid testifying by fleeing. Becker's ex-wife told him Flagler divulged plans to leave the state before trial, according to court documents.

...

"This case requires us to revisit the purpose and scope of absolute immunity for prosecutors," Judge Richard C. Wesley wrote for the panel. "The Supreme Court has found prosecutors absolutely immune from suit for alleged misconduct during a probable cause hearing, in initiating a prosecution, and in presenting the state's case. On the other hand, the court has withheld absolute immunity for conduct unrelated to advocacy, such as giving legal advice, holding a press conference, or acting as a complaining witness."

Using that standard, the judges agreed that Trainor had immunity for his alleged false statements at the material witness hearing, but he could not be shielded from the claims relating to defamation and invasion of privacy.

http://www.courthousenews.com/2011/11/29/41793.htm