A Law Student weighs in on Ko- Ko’d.
I am laughing at some of the remarks made about the KO Morgan suspension case. I did something a little different than some of the commenters - I actually inquired about the matter. [I am in law school and I want to be a criminal defense lawyer, so this situation actually fascinates me.]
Anyway, the case it involved was NOT a "grand theft" case as someone suggested, but a FELONY BATTERY CASE. Also, KO was not asking "what the victim was wearing" as someone suggested, but he was asking HOW THE WITNESS HERSELF WAS DRESSED AT THE TIME OF THE BATTERY.
One might ask, "What difference does it make?" Well, it turns out that the defendant (KOs client) was managing a lounge in a hotel when the incident with the 'victim' happened. There was a free buffet for customers in the inside lounge as well as a separate one for customers outside the lounge. However, there was a 'dress code' to come into the inside lounge buffet the defendant was managing. Anyhow, the defendant was in the process of ARGUING WITH THE WITNESS to leave BECAUSE OF THE WAY SHE WAS DRESSED when the fight started with the actual 'victim.'
As I understand it, KO was trying to make a 'proffer' of the evidence being excluded when judge Collins sustained the prosecution's general 'relevancy' objection. If you actually read Florida law you have to make a proffer to preserve the issue of a ruling excluding evidence being reviewed in an appeal court. So, the lawyer HAD to do what he tried to do. It turns out that when the jury was finally taken out of the courtroom KO wanted the judge to recuse (disqualify) himself because of the way the judge was treating him in front of the jury. Apparently KO believed the judge did something to prejudice the client.
YOU CAN READ THE WHOLE TRANSCRIPT OF THE EVENT AND GET ALL THIS! Maybe he was wrong for reacting like he did. As a wannabe attorney-law student, I am getting the impression that in Florida the lawyers need to be very subdued and meek, OR THEY WILL BE DISBARRED IF IT HAPPENS A FOURTH TIME. Maybe soon Florida's criminal defense lawyers will 'inherit the earth.' Maybe. OH.
By the way: DOES ANYONE KNOW WHO ACTUALLY MADE THE BAR COMPLAINT AGAINST KO MORGAN THIS TIME? I hear it was NOT judge Collins but some other judge that did it. I also found out that a judge named 'Green' made one of the earlier (maybe both) complaints against that lawyer.
THAT SOUNDS LIKE ANOTHER VERY INTERESTING VISTA TO EXPLORE. The need for meek lawyers and vengeful judges. What a brave new world awaits us in Florida.
Rumpole says you get an A for legal blogging. Good luck and welcome to our chosen profession.
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