Category Archives: Defense lawyering (good and bad)

The Innocent Citizen’s Justice System Survival Guide

“Ours is a world in which justice is accidental, and innocence no protection.”     Euripedes, 400 BC.

———————————————————————————————–

I come from a legal family, so even though I did not go into law, I’ve had a closeup view of the justice system my entire life, which is, I think, one of the reasons I decided to devote my post-corporate life to innocence work. I saw too many things happening that were not congruent with my view of what a fair and just system should, and must, be. For the past seven years, I’ve been deeply involved in innocence work, and have become knowledgeable about the details of many, many cases (100’s) of wrongful conviction and wrongful imprisonment. Consequently, I’ve seen many ways in which actually innocent people become tragic victims of what we call “justice.” There are just so many ways the justice system can get it wrong. This has caused me to think about what it is that an innocent person can (and should) do when accusatorially confronted by this thing we call the justice system. [You might want to also read my previous post Why I Think the US Justice System is Broken, and Why It’s Not Getting Fixed.]

If you think being wrongfully charged, indicted, convicted, and imprisoned can’t happen to you, think again. It can happen to anybody. Just ask Debra Milke. The ways this can happen are countless, and despite the system’s best efforts, there are just too many ways the system can possibly get it wrong. I could give you lots of examples, but we won’t try to detail them here – just take a look at the National Registry of Exonerations, and keep in mind these are only the ones that have been so far successfully overturned within the system – there are magnitudes more. This article will try to give you some “suggestions” for what you might do if you find you’re being wrongfully suspected or charged with a crime. For those of you who have had no close interaction with the justice system, you might well think that I’m being radical and that I must come from somewhere in outer space … and you can think that right up until you get scooped into the meat grinder. Let me me just say, “Forewarned is forearmed.”

This article will be in six sections:

I.  Have a Lawyer You Can Call

II. Don’t Talk to the Police

III. The Plea Bargain

IV. Be Ready for Trial

V. Shaken Baby/Child Abuse (Abusive Head Trauma)  [This requires special attention and treatment.]

VI. If You Are Wrongfully Convicted

DISCLAIMER: I am not an attorney, and so cannot give you legal advice. These suggestions are only my personal opinion, and are solely the result of my exposure to the justice system and wrongful convictions over a period of years. They come with no guarantee. Every situation is unique, and you must always exercise your own judgment given the circumstances. They are just intended to get you thinking about how you would handle the situation of being wrongfully accused, and to give you some information about how the system works. I am certain that they cannot cover every possible situation, but hopefully, they will provide an overall, general guide for how you might deal with this. 

Continue reading

Interview With Debra Milke’s Attorney

Here is a 25 minute interview with Debra Milke’s attorney.

It is fascinating and riveting.

And keep in mind, while you watch this, that our justice system did this.

See our previous post on the Milke case here.

And thank you to Camille Tilley for posting this in the comments. I felt it deserved ‘headline’ status.

 

Tuesday’s Quick Clicks…

Thursday’s Quick Clicks…

Friday’s Quick Clicks…

Update on the Hannah Overton Case

Five days ago, we happily posted here that the Texas Court of Criminal Appeals had overturned Hannah Overton’s conviction for murdering her 4-year-old stepson by salt poisoning.  The basis for the ruling was ineffective assistance of counsel, and we bemoaned the fact that the court let the prosecutor off the hook for egregious Brady violations.

Well … the happy ending is still a long way off.  The day after our posting, on October 18, 2014, Nueces County DA Mark Skurka announced that his office will retry Hannah Overton.

Given the evidence that the prosecutor had early on, and did not disclose to the defense, Overton never should have been charged in the first place. This was a “crime” that never happened.

Read the full story by Pamela Colloff for the Texas Monthly here.

If you can read Colloff’s article through, and not be bristling with anger, then you just don’t understand, or you need to read it again, or you’re just on the wrong blog.

Texas Appeals Court Grants New Trial … but Lets Prosecutor “Off the Hook”

The Texas Court of Criminal Appeals has granted Hannah Overton a new trial based upon her claim of  “ineffective assistance of counsel” (IAC).  She has served seven years of a life sentence for capital murder in the death of her 4-year-old stepson who died of a sodium overdose (salt poisoning).  She truly did have ineffective assistance of counsel, because her attorney did not present the videotaped deposition of a salt poisoning expert saying that the overdose was likely unintentional, and there was nothing she could have done.

But here’s the part of the story that really gets me.  Overton had also filed a claim that the prosecution had withheld exculpatory evidence (Brady violation), and the court was presented with both the IAC claim and the Brady claim.  In it’s ruling, the court declined to rule on the Brady claim, saying it was unnecessary since they had granted a new trial based upon the IAC claim.  They let the prosecutor off the hook.

Story from KRIS TV (Corpus Christi, TX) here.

For a current update, see the KRIS site here.