Sunday, April 12, 2009


Close But...
Yeah, I know that I've neglected this little blog terribly. It's because I've been in trial for the last 3 weeks on a pretty big case--at least, a case reported in the newspapers. I wanted to blog to you, my friend, I really did; but I didn't want to even get close to commenting on the trial while it was still going on, just in case. Regular readers of this little travail--and there are about 30 of you hardy souls out there--know that I've gotten in trouble before on this blog for saying what I thought were innocuous things, things which were darkly interpreted in other quarters.
In my final argument I traced the concept of reasonable doubt all the way back to the Magna Carta, using the picture here in my powerpoint. I think the powerpoint was pretty effective--at least the DA was impressed.
But the trial is over now. And I can't report a famous victory--the case was a statutory rape charge where the DA had DNA evidence on my client--but I can say that I kept the jury out for three days questioning the evidence and the witnesses. You can't ask more from a jury than that.
When it was over I talked to three of the twelve. These women told me they didn't really put much credence in what the "victim" said (I thought she was way too melodramatic on the stand, and many parts of her story did not make sense). They also said they felt rather protective of my client. So I guess I did a pretty good job in punching a hole or two in the evidence.
The important thing in this case was to show the DA that things aren't easy. I'm sure he believed that this was going to be a slam dunk--put the DNA stuff on, put on the victim, bang, you're done. But it wasn't that easy. And since this client has a much larger, much more serious case which could result in him spending the rest of his life in prison, perhaps it was good to go through this case to show all parties that the best thing now might be for a good plea bargain to clean everything up.
Not that I'm holding my breath. The client has already turned down a pretty decent offer in the past--twice. I'm not sure he's going to get much more sense now. But one can always hope.
Easter came rather quickly this year. Mary McCarthy and Adam and I all played the 9 a.m. mass at Christ the King and the place was packed. We had a very appreciative congregation and I think we did rather well. Several people came up afterward to tell us so, always a good sign.
After the ceremony Adam flew off to his weekly jazz gig at Muddy's and I went home, took a nap, and did a little newspaper reading. Later I went over to be with the boy and his mother at her house with some mutual friends. Leg of Lamb for Easter dinner. Very nice.
Now, of course, I'm back home and getting ready for a rather stressful week. I have to shed a client this week--the less said about that the better--and I have a ton of paperwork to do for other clients who are somewhat less recalcitrant. But at least I have work to do. Woo hoo.

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