Ex-prosecutor suspended for mocking death penalty defendant

Former Deputy Attorney General R. David Favata has been suspended from practicing law in Delaware after he repeatedly belittled a defendant and lied to the judge during a Kent County death penalty trial.

Favata’s conduct at the trial led the state Supreme Court to overturn the conviction and death sentence for the 28-year-old defendant, Isaiah McCoy, earlier this year.

McCoy is now awaiting a new trial for the charges stemming from the 2010 murder of 30-year-old James Munford.

The Supreme Court on Monday took the additional step of suspending Favata for six months and one day. He will have to show he has been rehabilitated in order to be re-admitted to the bar.

Favata has been a member of the Bar in Delaware since 1988. He worked as a prosecutor for the Department of Justice from 1998 until his retirement in March, a department spokesman said.

The Supreme Court’s 21-page decision Monday said Favata committed several ethical violations during the case, including:

• As McCoy cross-examined a key witness, the girlfriend of the victim, Favata objected and expressed his own opinion that McCoy was guilty. Favata said: “She obviously hasn’t spoken to the defendant since he shot her boyfriend.”

• Favata told McCoy in one conversation to “start acting like a man.” In another conversation about McCoy’s attire, Favata said: “I don’t care. You can dress him up. He’s still a murderer.”

• Favata made demeaning comments about McCoy’s choice to represent himself. He said, for example: “Quite frankly, the defendant might not be aware because he lacks legal training.” “I have been to law school, your honor. I understand the rules.” “The trouble with dealing with somebody with a limited education and no legal education is he doesn’t clearly understand what he’s reading.”

• Finally, Favata, while in the presence of McCoy during a court recess, spoke about “Omerta,” an Italian mafia code of silence. Favata said he would put a detective back on the stand to tell everyone that McCoy was a snitch. He added that McCoy could have trouble back in prison after the other inmates learn he is a snitch.

McCoy alerted the judge to the comments, but Favata denied them.

The prothonotary, who was in the room and overheard Favata’s comments, was disturbed that he lied to the judge and wrote a note saying McCoy was telling the truth.

Favata eventually admitted the comments were meant to be heard by McCoy.

The judge attempted multiple times to rein in Favata’s behavior, according to the decision. The judge said he didn’t appreciate the remarks and “disrespectful” antics.

The jury found McCoy guilty of multiple charges for killing Munford in the Rodney Village Bowling Alley parking lot during a drug deal that was supposed to be for 200 ecstasy pills and crack cocaine.

The Supreme Court granted McCoy a retrial in January, citing Favata’s unprofessional conduct. The court called his conduct the “antithesis” of the standards for lawyers in Delaware.

“Although most of the misconduct occurred outside the jury’s presence, the conduct set a tone for the trial that was disturbing and unacceptable and increased the potential that the jury would decide the case by discounting the defendant’s version of events for inappropriate reasons, a factor made even more important given the centrality of witness credibility in this case,” the court wrote.

The court ended by saying that any sanction other than a suspension would fail to provide “necessary protection for the public.”

The court’s decision was unanimous, except for Justice James T. Vaughn, Jr. who partially dissented to the length of the suspension.

Contact Jessica Masulli Reyes at (302) 324-2777, jmreyes@delawareonline.com or Twitter @JessicaMasulli.