Friday, October 24, 2003


Sometimes, it is invigorating, the most fun I've ever had while working, a joy to behold. Sometimes, it works me to the bone and stresses me out to no end. Usually, it does both at the same time.

The trial that I have been involved in for the last week has done both, in greater amounts than any trial I've ever done before. I wrote earlier about the murder client I represent where DNA evidence that could exonerate him sits untested by the prosecution (they will not attempt to get a sample of a 3rd party who was identified as the shooter by one witness but against whom they chose not to pursue charges, since any evidence gathered against him would only harm the case against my client). Well, believe it or not, despite the fact that my client is very likely not the person who did this shooting (I am convinced, for the first time in any murder case I've ever had, that my client is innocent), the case is now in trial.

People have asked me in the past "how do you sleep representing a guilty person?" My easy answer is "a lot better than I have this last week."

Representing someone who is innocent, where he could easily be convicted due to the presumption of guilt that exists in every case (unless you are a celebrity like Kobe Bryant, you will be presumed guilty in just about every case, that is just the reality despite the law) is very stressful. The prosecution realizes that they have a very weak case, so they are putting up a huge amount of evidence - not evidence that points to guilt or innocence - just evidence, to try and overwhelm the jury with the thought that the DA would never put up this much evidence if the person was innocent. They are hoping that the jury would never believe that they rolled over on doing work on the other suspect due to the fact that they are working so hard right now, so why would they have been lazy before and not investigated a legitimate lead earlier.

I have made many points, but several of her witnesses have come into court and lied. How do I know they have lied? Well, some have contradicted their preliminary hearing testimony, some have contradicted subsequent statements to the police or my investigator, and some have done both. I can only hope that the jury sees through this the way I have and find my client not guilty in the end.

It is always heartening when you have those who are otherwise cynical on your side, and in this case I do. The court clerk and the bailiff, both of whom have seen and heard many cases before, are openly skeptical about the prosecution's case. It will only get weaker when I put my evidence on next week.

I'll update next week with more info, for there are many fireworks that are going to take place next week. There could be some good stuff, and, you never know what may happen. I already have a DA and a homicide detective extremely upset at me, if I don't post anything in the next few weeks, you may find me face down in the desert...... Make sure you send this post to the attorney general.

Only joking.

Out for now, more info later.

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