On Thursday, January 4, 2024, the Star Tribune reported that the Minnesota Supreme Court had suspended a senior Hennepin County prosecutor for lying to a judge in a rape trial.

Catherine McEnroe, a 31-year veteran of the Hennepin County Attorney’s Office, received a 60-day suspension and was fined $900 for committing misconduct in a January 2023 case. The case involved a 35-year-old man charged with raping a 14-year-old girl.

During the trial presided over by Judge Peter Cahill, McEnroe lied about the contents of a note that was passed to her from a victim advocate while the alleged victim was testifying. When questioned by Cahill, McEnroe claimed the note was merely reminding her how to pronounce a name, when it was actually reminding her to establish that the crime occurred in Hennepin County.

McEnroe then pressured the victim advocate to alter the note to match her false story. This led Cahill to release the defendant from custody and hold a separate hearing where the advocate testified about the actual note.

In October 2023, McEnroe admitted to the allegations in a stipulation responding to a disciplinary petition against her. The Office of Lawyers Professional Responsibility said McEnroe’s actions constituted intentional dishonesty that warranted public discipline.

The lie itself was deemed inconsequential, but McEnroe’s effort to cover it up resulted in serious consequences. Hennepin County Attorney Mary Moriarty, who took office just days before, made the rare decision to dismiss the case entirely and place McEnroe on leave.

Moriarty maintained dismissal was the only option after consulting managers about the impact of McEnroe’s misconduct. However, the disciplinary board argued alternatives existed and dismissal was not inevitable. The alleged victim said in an interview that she expects the system to fail women.

In justifying the 60-day suspension, the board considered similar past cases and mitigating factors for McEnroe. She was facing extreme personal stress after her former husband’s death in 2020 and caring for their adult son alone. As a prosecutor, she also dealt with unaddressed trauma from working with child rape victims.

While stress does not excuse dishonesty, it contributed to McEnroe’s lapse, according to the board. McEnroe acknowledged complete accountability and sought counseling. However, the board noted she could not explain her initial false statement.

 

 

Source: Star Tribune