Drudge Retort: Red Meat for Yellow Dogs

I experienced a joy this past week which is hard to relate to if you have never experienced it. A jury came back with a verdict of "not guilty" on a case I was trying.
Most cases I try involve individuals against whom the evidence is so overwhelming that there is really no chance of acquittal. Realistically I hear the words "not guilty" from a jury maybe two or three times a year on average.
In this case, the defendant was charged with robbery using a gun. If convicted he faced at least twelve years in prison. The evidence consisted of a video in which the perps face couldn't be seen, an identification by the victim about a month later, and the opinion of a probation officer that the person in the video looked like my client.

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We lonely public defenders take our victories where we can find them.

Congrats Moder8. I love public defenders. I had one once. Saved My bacon BIG TIME. I was guilty as sin but I wasn't guilty of 2 felonies only one class A Misdemeanor. Kuddos bud.

Larry

The celebration will be very short lived. On Monday I start a murder trial where my client made a three hour confession in which the details he describes by coincidence line up perfectly with the physical evidence obtained from the crime scene.

That's terrible Moder8. All You can do is Your best. Good luck to You and Your client.

Larry

Why would he confess if innocent, Mod and to confess with accuracies of the evidence they have?

Because Lisa too many defendants do stupid shit to ruin their chances at trial. Myself included. If I were to commit another crime I wouldn't s a word until I seen a Lawyer. But that's just Me.

Larry

Exactly Lisa. That's the problem. But now he says he is not guilty and he has an absolute right to a trial. It is my job to fight for him despite everything.
In a case like this, my job mainly consists of making sure the DA plays by the rules, and none of the cops or other witnesses demonstrably lie. If a jury wants to convict then so-be-it. I just need to make sure the State plays by the rules in the process.
I doubt I will be presenting much if any evidence. If the client wants to testify he has a constitutional right to do so. The one thing I do not do under any circumstances is present evidence I know to be false.

On Monday I start a murder trial where my client made a three hour confession in which the details he describes by coincidence line up perfectly with the physical evidence obtained from the crime scene.

#3 | Posted by moder8


That's terrible Moder8. All You can do is Your best. Good luck to You and Your client.

Larry


Oh yes, Larry, it's simply horrible! Let's wish only the very best for some thug who's so stupid he hangs himself by "conincidentally" confessing to the cops specific details to a killing only the actual murderer and the cops could have known.

And Larry wishes "good luck" to getting this self-confesssed murderer back on the streets to kill again. Hey, if you manage to get this confessed killer set free, Moder8, please be sure to ask the court if the State of Califorhia would pay for his one-way bus ticket to Kansas on a bus scheduled to leave the minute his trial is over.

Look Christine if they do the crime they should do the time. That being said a defense attorney must work for their clients best interests no matter if they are guilty or not. Look I can tell that You've never been in trouble a day in Your life. YOU Should be applauded for that. I wished like hell I could say the same. If I were to commit murder tomorrow and was charged with that murder I would want My Defense Lawyer to do everything in His or Her power to get Me off with an aquittal. While I believe that I should pay for said Hypothetical murder I would want My Lawyer to do His or Her level best to get Me off of the murder charge. If You say You would want Your Lawyer to get a guilty plea for You You would be lying deluxe. It's just the nature of the game if You will.

Larry

Larry,

I firmly believe every man, whether blatently guilty or not, has the right to a trial and to a lawyer. Moder8 fulfills his duty as a defense attorney by trying his best to present the facts in the best light for his client. For every 10 men he defends who may be guilty as hell, there will always be the one innocent guy who, without the right to a defense attorney, would have unjustly done 20 years in prison.

So the wheels of our justice system do keep spinning as they were meant to do in our courts of law. As it should be too in a civilized country.

Then pray tell why did You pitch a bitch fit at Me for wanting the best of luck to Moder8's client??? I don't want some Defense attorney working for the Prosecution. I want Him/Her working for ME. I want My defense attorney to get Me aquitted of all charges no matter My Real Guilt or Innocence.

Larry

Then pray tell why did You pitch a bitch fit at Me for wanting the best of luck to Moder8's client???

- Larry


Err, because bitch fits are what I do best?

There's a difference, Larry, between wanting a man accused of a crime to be sure and get a fair trial and adequate legal defense and going overboard by "wishing the very best of luck" to getting an already self-confessed killer back on the streets to kill again.

Think about it.


Hey Christine check this link out when You get a chance. It's a real eye opener.

www.martytankleff.org

www.msnbc.msn.com

www.acslaw.org

uchicagolaw.typepad.com


Moder8 Congrats! I am 5-0 against the justice system as a defendant. Proceeds from illicit activities has allowed me the opportunity to get good representation. I hope you take your skills as a public defender and become a high priced defense attorney.

I have never been in trouble, but my brother was years ago. In one of this cases, he told the attorney that he wasn't guilty of the b&e and he had proof.

When the attorney asked for proof, he said that he was in a different part of town robbing a different house that day... and could tell them where he pawned the stuff.

The attorney's advice was 'shut up and do your time'.

I think he did 90 days that time.

"Err, because bitch fits are what I do best?"

I love it!

"There's a difference, Larry, between wanting a man accused of a crime to be sure and get a fair trial and adequate legal defense and going overboard by "wishing the very best of luck" to getting an already self-confessed killer back on the streets to kill again."

Hm. Maybe. So were you expressing this toward Larry or toward Moder8? I'm now confused. : ) In any case, Mod says it's his job to make sure the State follows the rules. If he's doing that, even with a self-confessed killer, then he's doing his job, and it's an important job. No matter what, the State must follow the rules. There's no exception for "If a person confesses, skip the trial." Said confession is used (or can be used, under the right conditions) in the trial.

But I think we agree there.

Defense attorneys catch a lot of hell when they represent clients everyone believes to be guilty, but if it wasn't for them the whole system breaks down.

Congrats on the win, Moder8.

Cold day in hell before I empathize with any goddamn lawyer, or anyone that helps to keep Jackass out of jail.

Yesterday in Texas, a serial murderer was convicted after nineteen minutes deliberation.

His defense counsel complained the jury in the case was "tainted" by the large amount of evidence prosecution had admitted for their consideration.

I think everyone deserves a defense. I just wonder why lawyers say such stupid things with every apparent expectation others will think it makes sense.

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