August 19, 2010

LIFE LESSON #34: NEVER CORNER A RAT (or DA)

Filed under: Uncategorized — Murray @ 3:34 pm

cornered-ratTHE FACTS:

DA’s only witness – the victim of the alleged assault –  happened to be in prison far away in Florida.

My guy with his previous criminal history (“history” sounds so important but WINSTON CHURCHILL he ain’t) was looking at substantial prison time if he were convicted. When the trial came up – well, lo & behold the victim was still safe asleep in his Florida cell and the DA had done nothing to get him.   It would have involved lots of  paper WORK and who wants to do that?

So the DA did what DA’s do;  dismissed the case and then immediately refiled.  The clock on “speedy trial” would start running all over again giving the DA time to get his witness from that Florida prison.

I got mad and  stood up in the courtroom complaining about the DA acting in an unethical way by refiling the case knowing he wasn’t  going to lift a finger (“fill out all that paperwork?  not very likely”) to get his witness.

THE DENOUEMENT

When the trial date comes round again – two months later – there’s  the guy  from Florida State Prison sitting in court.  As soon as my guy sees him he takes the DEAL they’d been offering him, getting him back to State Prison (he doesn’t get a trip to Florida) and so there goes another case that hits the skids.

THE LIFE LESSON

The DA makes a point of telling  me that if I hadn’t have made such a big production calling him a low life scumbag DA (or words to that effect)  he  may very well have never gone to all the trouble he did.

 

QUESTIONS FOR CLASS DISCUSSION:

1.  Do you think knowing all you know about Murray he’ll make the same mistake again.

2.  If you were the Defense Lawyer what would you do?

3.  Do you believe the DA about only doing all that paper work cause Murray pissed him off?

4.  Was the DA just saying that to get under Murray’s skin?

August 8, 2010

WHAT’S REALLY IMPORTANT IN LIFE

Filed under: clients,crimes,weird judges — Murray @ 11:49 pm

best-games-never-made-6My guy is charged with a number of violent crimes all of them carrying long long prison terms like LWOP (criminal lawyers I’ve noticed like referring to this as “EL-WOP”) –  ”life without parole” – which is the creme de la creme when you are looking to do crimes that might get you imprisoned for a long time.

Can’t do any better than this which is a lot more impressive than simple “LIFE” which starts at 15 to life and then proceeds up to infinity to LIFE. Pussy sentence. I could do that standing on my head.

The only thing trumping LWOP is DEATH. Can’t do any better than that. But still… So when I tell my young client that his little binge made him eligible for LWOP on a few of the counts he starts crying.

Forgetting about what he actually did and whether or not he actually did it  - just on the level of it hitting him what the consequences of what his accused escapade was likely to be – I kind of felt a moment – I wanted to comfort him – but I couldn’t think of anything to say – “it’s not so bad” – “we can beat this” – “i feel your pain”. Couldn’t come up with anything. So I didn’t say anything. Just sat and watched him until he had suffficiently recovered to carry on the conversation.

And then he says to me – and I still can’t believe it but i wrote it down as he said it so that i would know even to myself that I’m not making up this shit. “The cops took my NINTENDO. Can you get it back for me?”

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