Tuesday, April 18, 2006

kathy's post on skelly's blog...

...was a bit intriguing.

Sorry all... bear with me. I'm a bit pre-occupied right now.

Kathy, you posted this on Skelly's blog.

"i appreciate when family members are coming through to support the client -- but sometimes fillial love doesn't take into account things like evidence. [then, there are the other times when family members just don't want to be bothered, even if they are witnesses.]

there is just no question that lawyers in the criminal system are overloaded. in a lot of ordinary trial-level cases, to tell the truth, there is not that much to argue about. defense lawyers don't hold some kind of magic "get out of jail" card.

but defense lawyers do have some magic. you want a trial? you get a trial -- even if you are likely to lose on the facts, and get a whole lot more time. we fight to get the state's evidence. we research and do the best we can to find out when that evidence is questionable and unreliable. we keep the state from cheating, or else explain how they are cheating. we look for witnesses, and work with them. we lose sleep trying to write the best arguments we can for the jury, or for the court.

we share our stories and problems, and brainstorm how best to help the client. because that is the whole deal -- how best to help the client.
kathy a | 04.18.06 - 4:55 pm | #"


I truly want to believe that you would "fight to get the state's evidence... research and do the best (sic) to find out when that evidence is questionable and unreliable."

I would love to believe that you "keep the state from cheating, or else explain how they are cheating."

I would embrace your idea of "look(ing) for witnesses, and work(ing) with them."

Re: sleep... what is that?

But, overall... the best and most encouraging comment you made was "we share our stories and problems, and brainstorm how best to help the client. because that is the whole deal -- how best to help the client."

If you believe... if you truly believe this stuff that you posted then step up to the plate and prod your fellow Public Defenders along with you... because, from what I'm hearing this just "ain't the case"... though I'm sure from your post that you're well intended.

Drop an email if you feel the urge to.

What I'm basically saying is justice ain't happening with bi-polar brother in law. His "Public Defender" made up her mind long before she ever talked with him.

...and it isn't "how best to help the client."

2 comments:

Ed said...

Wow, I got a bit behind. Lots been happening around here lately.

Now she knows your point of view maybe she will agree to a meeting so you can discuss all of this?

D. H. said...

Hi Ed- I doubt she will. Judging from the discussion she had with B-pbil yesterday.

How's things going? Is Sue doing better? Is she getting her rest?