solicitation

I have a trial tomorrow. I don't see how I am going to win. Only one of those unforeseeable, beautiful, twists will save the guy, what my boss calls a "Perry Mason" moment (whoever that is). The cops totally testilied at the preliminary exam and will say the same things at trial. Sometimes they forget their lies, but this crew does this all the time. They are renowned for keeping their story straight.

I finally went by the crime scene tonight to see if it was possible for the cop to see what he said he saw from where he said he was standing. I drove up and down the street three times to check it out and stopped in front of his house for a bit. When I was driving away, a man on the next block flagged me down. He looked like he could be a client, so I stopped and rolled down my window. The man leaned in and asked, "How many do you want?" I told him I was just a defense attorney looking at a crime scene. He said, "Well, OK, forget my face." It's not me he has to worry about. It did make me wonder if I look like a crack head. Mrs. Defender assured me that I don't.

Nuremberg Defense

One of my current PD colleagues, Chazz, has a trial today with a prosecutor who used to be a PD until she got lured over to the dark side by more money. The case is very weak, with some conflicting witness testimony, but, of course, the kid's life will be totally fucked up if he loses. Chazz was ragging the prosecutor for not trying to do the right thing for the kid. The prosecutor replied that she was "just doing her job." Chazz told her, "And there was a bunch of people in Nazi Germany who were just doing their jobs!"

Needless to say, Miss Former PD was pissed. I think Chazz got a little scared; he took one of my bosses to be his second chair. I haven't talked to them yet about how it went. I think closings are tomorrow.

tv shows

Mrs. Defender and I just started watching The Wire on DVD. I love it, especially when the cops are being assholes to the kids dealing drugs. I hope lots of future jurors watch the show. I love how they have the prosecutor fucking the cop- this happens a lot in my city. Last summer, my fellow defenders started casting a drama series based on our courthouse. There is plenty of material. Lawyers doing drugs with their clients or sleeping with other lawyers or clients or judges. I didn't ask who they cast as me- I could only get my feelings hurt.

I've never seen Law and Order or CSI, but I'm sick of prosecutors talking about those shows during voir dire. They usually say something like, "Real life isn't like CSI. Can you convict the defendant even though there won't be fingerprints or DNA to connect him to this crime?" Meaning, "He's guilty, just look at him. You don't need no stinkin' evidence to convict the motherfucker!"

judging is hard work

I guess this being Easter week and all, judges don't feel the need to come to work or to tell their staff that they are bothering to show up. After much discussion, I had my client all prepped to accept a deal on her armed robbery/carjacking case today (six years to twenty plus two for the gun), but we couldn't do it today because the judge didn't show. The courtroom was filled with her family and friends. They have to come back next week and I have to worry about the kid talking herself out of talking the deal. She's so young, but she needs to take the deal.

I had a client yesterday for sentencing who pleaded guilt to delivery of marijuana a few weeks ago. The deal would be probation and keeping the conviction off his record. He tried to tell the judge that he didn't realize that he had pleaded guilty at the previous court date. OK, so you stood in front of the judge who explained all the rights to trial that you were giving up and you told her what you had done that made you guilty of the offense. And you signed the fucking form that I went over with you that had the plea agreement and all the rights you were giving up. But you accidently entered a plea. Right. The judge wasn't hearing any of that.

herding cats

My organization is going through some changes regarding how files are handled. Everything is going to be digitalized and the hard copy destroyed. Many of my colleagues are having a fit because they operate under the quaint notion that things (such as client files) are real only if one can hold them and literally flip the pages. My boss finally had to relent and will allow us to keep hard copies of our trial files if we want to.

One of my favorite colleagues asked me to come help him with his computer today. He told me that the screen went blank a week ago and that the computer guy told him it would come back. Using my super genius computer skills, I rebooted it by pushing in the power button. Co-worker was amazed. I was amazed that his computer had not functioned for a week and he wasn't too concerned. I can't stand it when the network is down for a few minutes. I also realized that he NEVER turns off his computer. It must have been on for a couple of years before I rebooted the thing. I don't understand how he looks anything up. I guess he uses books. How weird.

murder

I was assigned my first murder case, but, alas, the client decided to retain. It's pretty common here for people accused of murder to retain, so the public defender doesn't get very many at all. Clients are convinced that they can beat any case if they have the money to retain a real lawyer. When the stakes are high, people come up with money to hire someone.

I have very mixed feelings about losing the case- I was thrilled and scared to get it assigned to me. I was also very flattered because I've only been at the office for a year and three months. My boss said he didn't want me to get bored and leave the office. Not really a problem for me. The barrier has been broken now. I really want my first murder to be representing someone who is already doing life on a different murder. That would take the pressure off- Michigan does not have the death penalty.

I had an annoying day today. I was supposed to argue a motion, but the judge decided to extend her easter vacation. Of course, the court didn't bother to tell me so I could let my client know that he didn't have to come downtown.

Hypothetical Criminal Record

I read a threat about what one' s hypothetical crimina record would be. Mine isn't too bad- I am too chicken to really do anything that might get me in any sort of trouble (except in court).

possession of marijuana
possession with intent to deliver marijuana (this was in ann arbor when possession of an ounce was a $5 fine, so I don't know if these really count)
trespass
assault

sodomy (pre- Lawrence v Texas)

I think that's about it.

testing the waters

I had a trial today. (Actually, my client had a trial. I just orchestrated the defense.) I decided to do a bench trial. With some judges, I agonize over whether to do a bench or jury trial. I go to each of my more experienced colleagues' offices, give them the short version of the facts and ask what they would do. One guy always says, "Bring me twelve!" unless there is an obvious reason to bench (like the judge already told me "this isn't a kidnapping").

The case up for today was in front of a relatively new judge, a former prosecutor who had been at the civil court for a while. My office doesn't have much experience with him. Because the case today was a low level felony (carrying concealed weapon), I felt the unspoken pressure that it is impolite to demand a jury when the worst that will happen to the client is probation (and a felony record, of course). I don't want to be known as a pain in the ass for unnecessary reasons.

One colleague said I should bench just to see what this judge is like for bench trials. That makes sense for the office, but not for the client. I wanted to do what was best for him (he said I could make the decision). I don't think it is fair to use him as a guinea pig. (Though, all clients at the beginning of a trial lawyer's career are guinea pigs. A judge kindly told me when I started that all practice in the first five years of trial practice is malpractice.)

Anyway, I benched and the judge found the guy not guilty. I was sure he was going to find my client guilty until he got to the last two sentences of his ruling. So, the lesson is that the office can trust this judge with bench trials. Of course, judges know that if the defender office decides it can't trust them with bench trials, their dockets are going to get jammed with jury trials. I think that played a part in the case today.