UPDATE. In the DBR: When Admiralty Lawyers attack. Here. Warning: It's not pretty.
A Reader wrote in the comments section:
Michael Mathers, a real gentleman, gets a NOT GUILTY on all charges in a first degree murder case before Judge Jimenez. The defendant was accused of being the hitman in the killing of a federal witness who had testified against his codefendant, Fat Tony. The evidence consisted of a flipped codefendant who participated in the murder and a supposed confession to a federal prisoner serving almost 23 years on an unrelated matter.
Fat Tony was convicted in December in a separate trial and is now serving a life sentence. After many years and two prior mistrials, Sally Weintraub waived death on both defendants. CONGRATULATIONS TO MICHAEL!!!!!!
Rumpole notes: It's bad enough to be serving life in prison, but who wants to be known as "fat Tony?" The reader is correct: Mr. Matters is a real gentleman, and as the results show, a top notch trial lawyer.
A reader writes in the comments section:
How you I do this without getting personal yet still deliver my important message?
There was a mutiple defendant sex battery case. It was very defensible.
Of the 5 co-defendants, 3 had the same exact defense. One of the 3, my client, passed a "Slattery" polygraph test. All were out of custody.
Of the 3 co-defendants with the same defenses and same exact issues...2 had private lawyers and they received (better term would be "earned on the merits" ) nolle prosses.
The 1 that had "regional counsel" actually PLED TO THE CHARGE two months earlier.
The regional counsel was not a member of the RJG family (ie Bailey, Parke) Rather it was an unfamiliar, inexperienced face.
We really did not have to move mountains to get the nolle prosse...just doing the expected job.
The defendant that pled received dismal legal advice and was screwed by his own attorney! It is a bad, current system. Some of these regional counsel are very inexperienced.
Rumpole notes: There is no excuse for bad lawyering. Period. The issue now is does the prosecutor have an affirmative obligation to seek justice and bring the defendant who pled back to court to vacate the plea and dismiss the case? The answer is maybe.
The facts of the case need to be examined very closely. It is entirely possible, despite the reader's comments that all three defendants were in the same position, that the guilty party pled guilty. Or it is possible that an injustice has been done. We hope the attorney who wrote this will speak to the prosecutor, the ROC attorney, or some other defense attorney to represent pro bono the person serving time. An experienced attorney needs to decide whether a motion to vacate or a rule 3.850 should be filed.