The use of cut and paste into a sworn affidavit by a prosecutor without proper
investigation into the truth of the informant or without citing to the source of the information is a direct violation of ethical obligations of the prosecutor.
The ethical violations of a prosecutor in the course of investigating or charging a
person with a crime is per se evidence that the motive to investigate or charge the person was malicious.
It was the appearance of Smith just cutting and pasting allegations made by the
Male Suspect or that had no support in fact would cause a reasonable person to believe Mr. Smith’s relationship with the Male Suspect was improper.
Smith adopted a 119-page Search Warrant Affidavit, alleging there was probable
cause to believe that Magedson and Xcentric Ventures were involved in a conspiracy with Meade to engage in witness tampering and other related crimes specified therein.
Unlike Meade, Magedson or the Richter family, Smith had obligations to avoid the
appearance of impropriety and pursuant to his duty as a prosecutor including, but not limited to:
a. Smith had obligations not to hide relationships, even entirely innocent ones, with key
suspects or witnesses.
b. He had obligations to ensure justice not merely advocate for guilt.
c. He had obligations to review and consider objective facts before making wild
allegations or drawing inferences about the motives of others.
d. He had specific duties to engage in due diligence prior to submitting affidavits or
e. He had other specific duties not to disclose confidential information in a public manner
or filing without redacting personal information.
106. Smith engaged in other actions that were not reasonably calculated or connected to
an alleged good faith use of prosecutorial power.
107. Smith oddly made the Search Warrant Affidavit public, which is abnormal during
an “ongoing investigation.” As a direct result, Smith’s unsubstantiated allegations were widely circulated on the internet by the persons who wrote the affidavit for Mr. Smith.
108. Smith’s motive was also shown by the odd decision to promote the Search Warrant
Affidavit as a public news release.
109. Smith appeared on a radio show/podcast in which he encouraged listeners to read
the Search Warrant Affidavit for details.
110. This information has also been widely publicized and reported by widely followed
organizations such as the Huffington Post.
Smith, pursued this prosecution of Meade not because such a prosecution was in the best interest of the State of Iowa, because it protects Iowa citizens, or even because it is in furtherance of legitimate public purpose or interest, but instead he pursued it with the purpose of silencing his critic - Darren M. Meade.