Allegation: Despite a confession and a mountain of evidence linking man to rape/murder of a 14-year old-girl, Jefferson County, Kan. prosecutors convince him to implicate his younger brother, who is convicted and sentenced to life in prison. Fifteen years later, DNA evidence confirms the original confession, and the younger brother is exonerated. (The older brother, racked with guilt, commits suicide, leaving a note in which he again confesses.) Prosecutor: Even if I fabricated evidence, I have absolute immunity for anything I presented at trial. Tenth Circuit: Ah, but the fabrication did not happen at trial. The case proceeds.
