CREW is suing the Department of Justice for records related to its handling of allegations against former Kansas state prosecutor and Assistant United States Attorney Terra Morehead. Morehead was repeatedly criticized by courts and the public for serious misconduct and manifest injustice involving numerous defendants, particularly Black defendants. 

The lawsuit follows Freedom of Information Act requests CREW submitted to the DOJ’s Office of Professional Responsibility (OPR) and the Executive Office for United States Attorneys (EOUSA). The OPR requested an extension of the deadline for producing records, citing “unusual circumstances,” while the EOUSA rejected CREW’s request outright and failed to respond to CREW’s subsequent appeal. Because the DOJ failed to conduct an adequate search and is wrongfully withholding records, it is in violation of FOIA legal requirements. 

Over her career, Morehead engaged in extensive misconduct, including allegedly helping to frame then-17 year old Lamonte McIntyre for murder. The case against McIntyre allegedly included no physical evidence identifying him, was built by a disgraced former Kansas Police Officer and relied on a witness who later alleged that Morehead pressured her into giving false testimony by using threats such as “[i]f you don’t do what we discussed, I’ll throw your Black ass in jail. I’ll send them to get your kids, and you’ll never see them again.” McIntyre was exonerated in 2017 of the 1994 double homicide conviction, having served 23 years in prison. Morehead’s other alleged misconduct includes additional undue influence over witnesses, failure to disclose material information and unauthorized access to attorney-client communications. She was recently disbarred following her retirement. 

Given the seriousness and volume of Morehead’s alleged wrongdoing, the public deserves to know whether the DOJ investigated her conduct and took any action to hold her accountable. Additionally, Morehead’s reported actions could have real lasting and irreversible consequences on both innocent people’s lives and the integrity of our judicial system, and the records regarding her misconduct should be made public. 

Lawsuit documents

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