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Wednesday, July 13, 2011

THAT TRIAL EXPLAINED

Update: Rumors of a young ASA firing a weapon in the presence of his girlfriend ASA are unfortunately true. The Herald article is here. Lets not get too crazy. People make mistakes. Thankfully no one was injured and one young man lost his job that he worked very hard to get. That's enough. Move on.

Against our better judgment we make one final reference to THAT trial. And actually we are saying nothing. Mr. Abe Laeser said it in an article the Miami Herald ran last Sunday
here. Here are some excerpts, but please use the link and read the entire article on the Herald's website.

WHY IS CAYLEE DEAD?

Think you know? Why — did you see her die? Did you look any witness in the eye and ask them questions? Or are you relying on a commentator’s beliefs about what is a just verdict? If so, you are not alone — but you were not a juror in the Casey Anthony trial....


Let us talk about this cottage industry of each media hiring an expert to analyze the case. I would compare the use of these ‘talking heads’ to choosing a doctor. If your personal physician was an experienced general practitioner, or even a skilled hand surgeon, would that doctor be your first choice in case a family member had severe brain injuries caused by a car accident? Not all doctors are the same, nor are all lawyers. Getting on television may bring in more legal business, but it does not make one any smarter — or right....


Because a lawyer may have been in a courtroom during their careers, what do they know about building a case in which the death penalty is being sought? The death penalty is rarely sought, and properly so. Very few have ever stood in the pit and asked that another person be put to death, or try to prevent it. It is daunting in the extreme, and requires the most thorough possible level of preparation...

The use of lawyers on television as a part of the drumbeat for conviction is immoral, unprofessional, and downright frightening. The use of ‘talking heads’ in the media screaming about their expectation of a certain verdict is no more or less than a form of televised lynch mob. If the press and their hired experts are calling for a conviction, or even the death penalty, they are doing so in the knowledge that they are not using the same evidence that the jury has heard in the courtroom. The legal profession must take itself to the woodshed for fueling such improper speculation. Those lawyers must act professionally, and not as advocates or even shills shouting over each other for one result or another...


Why is Caylee dead? It becomes nothing more than a part of one side’s theory of a motive to commit the acts. But it is only a theory. Yes, it seems horrible that she partied, perhaps even after knowing that her child was dead. That makes her seem evil, and it is a simple mental link to believe that she could have caused the death. Quite obviously there are contrary theories; including the most obvious one: even if Casey benefited from the death, was able to restart her life without the “burden” of a child, reach out for a second chance at Bella Vita — no matter how terrible the concept behind that theory is — it still does not give us one bit of proof as to how and why Caylee is dead...


In truth, having all of these versions of the degree of the crime, the manner of the crime, and little proof as to how any one theory precludes the reasonable doubts raised by the alternate theories —
the jury in the trial of Casey Anthony had no legal option but to find the existence of such doubt. If so, they would have been acting contrary to their sworn oaths to convict. They chose to act lawfully. We should all be proud of their courage, even as some may see the with anger at the result. Sure, the evidence points to Casey and she may have done it; perhaps you think that she probably did it; or that she must have done it — but relying only on the proof presented at trial, and asking yourself all of the questions the jurors’ would be duty bound to ask themselves — do you have a doubt about how, in what manner, at whose hands, and Why is Caylee dead?


28 comments:

Anonymous said...

I heard Eiglarsh is in talks for his own show.

Anonymous said...

They chose to act lawfully. We should all be proud of their courage, even as some may see them with anger at the result.

I wholeheartedly agree.

Anonymous said...

Dude is right.

Anonymous said...

Ok, if Eiglarsh can't come to terms with a network and get a show, who does this crowd think would make a good legal based talk show host? Why?

Bronwyn Miller is too obvious a choice. So pick someone else.

Anonymous said...

There are actually a few law review articles calling for the development of rules of ethics for lawyer/ commentators:

The Ethics of Being a Commentator, http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1948&context=faculty_scholarship&sei-redir=1#search=%22lawyer%20commentator%20rules%20ethics%22

http://www2.law.mercer.edu/lawreview/files/50301.pdf

Witness Tampering said...

Witnessing tampering at Casey Anderson trial.

Anonymous said...

Make bank that if Mr. Laeser was prosecuting the case, those questions would have been answered before the indictment was brought.

Anonymous said...

I heard Eiglarsh couldn't try a DUI.

Anonymous said...

Eiglarsh should be disciplined by the bar for his inappropriate statements of another attorney. He is an embarrasment to our profession and he is not a great - or even a good - advocate. He is a media whore whose only agenda is being the next nancy grace.

went and got my cigar said...

So I grabbed some Shumie time today and headed west to 2 Dudes Cigar Emporium (formally Shumie's Cigar store of Bowling Green, Schenectady, Lubbock, and of course the famous store in Milan) and got myself a really sweet romeo y julietta with a superior oily wrap and smooth finish.

I highly recommend the trip.

Anonymous said...

The young man and his girlfriend made a mistake and will hopefully learn from it.

Much more alarming is how this exposes a total lack of leadership from the State Attorney. KFR leads by invisibility, does not have any involvement with the "day to day" and is out of touch.

This would have been very different on Janet Reno's watch.

Oh how the times have changed..........

Anonymous said...

The point is that the entire culture of the office where the "Young ASA" worked is premised on the claim that people's "mistakes" ought to earn them the harshest consequences available.

Imagine approaching a "young ASA" about a client's case and telling them, "people make mistakes"?

Anonymous said...

I have no interest in seeing the ASA get any sanction that any other citizen would. I believe that anyone else would have been arrested, and it being a misdemeanor, an information would have been filed automatically by the SAO without any further investigation. Consequences to the defendants job and future be damned.

If I am not mistaken, over the years various members of the bar have walked into the courthouse with a gun in their briefcase. Clearly a mistake, and certainly less egregious than these allegations. Those instances were not shaken off with a no harm no foul attitude.

Can you imagine if that ASA had to come up with $500 cash for a bond? On the first of the month, everything from the previous month is spent, and the next paycheck would be days away. Imagine him sitting there in jail division (where he was assigned) because he couldn't afford a bond.

Equal treatment is all we ask, just as is promised us in our Constitution.

Anonymous said...

Doesn't sound like a mistake. The article makes it out to be a reasoned (albeit alcohol fueled) decision about how and where he fired the gun, multiple times.

I wanna be jason grey said...

butt wipe: he would have called mommy and daddy for his bond money. they bought his law degree and his glock any way. stupid ass.

Anonymous said...

Truth be told, Miami police rarely arrest New Years Eve public shooters because the crime has to occur in the presence of the arresting officer. They followed the law in this case.

What I see wrong is the demotion to the female ASA. There was nothing that she could do to stop her boyfriend without endangering herself.

Scott Saul said...

Pleeeeaaasseee,

How is KFR supposed to be responsible for her ASAs' conduct outside of the office?

Since a misdemeanor must be in the presence of an officer to warrant an arrest, what's the issue?

How can an information be filed if there are no appropriate witnesses?

Using a gun irresponsibly and firing it in a garage is not a "mistake". It's reprehensible behavior that clearly demonstrates the danger of anybody getting access to handguns.

If anybody should be mindful of these issues it is a prosecutor...a person that would be condemning this behavior on somebody else.

The young man deserved his consequences, the legal result is appropriate and KFR is the State Attorney and not a 24/7 babysitter

Anonymous said...

The surprising part of the story is that a Broward ASA told the cops not to arrest. Being that she is from Broward, I'm surprised they didnt charge him with Casey Anthony's death.

Anonymous said...

Would the SAO have acted the same way if the accused was a PD?

Anonymous said...

Please, lets give the kid a break. He was stupid, lucky for him and his “girlfriend” it was only a shoot allegedly fired into the corner of a parking garage. (If you choose that explanation, as opposed to surmising it was a shoot fired in anger or frustration during an event of interpersonal discord.) The scenario lent itself to serious or fatal consequences. The young man has paid a price, and hopefully learned a lesson.

The incident, as other we have seen over the years, does give all of us cause for pause. We all have opinion, and yes the old days were different, but such is life.

The issue with young lawyers goes beyond the State Attorneys Office. It is regrettably a systemic problem in all facets of the legal profession, as it is among the ranks of law enforcement. You have babies training babies.

In my opinion, the issue is one of leadership and mentoring, these go hand in hand. First, there is a void in leadership in many facets of the legal profession, not only in the State Attorneys Office. It starts with the selection process. A high GPA or good “pedigree” does not connote common sense or sensibility for situational assessment, the latter being critical to the making of a good prosecutor or defense attorney, even more a good law enforcement officer. There is a total lack of proper supervision and mentoring of many of these young lawyers. That void is perhaps more pronounced in the State Attorneys Office because of the life altering decisions these young lawyers are entrusted to make. These young prosecutors are encouraged to seek a conviction, rather than being trained to seek a conviction ethically. These young prosecutors are not taught the import of exculpatory evidence or evidence impeaching the credibility of a witness, or more importantly their obligation to report or document police “creativity”(untruthful writing or testimony). Ironically, the State Attorneys Office is where such supervision and mentoring are the most critical, given the life altering decision these young attorneys make on a daily basis. The more questionable practices or conduct by a young lawyer goes unchecked, the more it breads until the young lawyer is so embolden that he or she crosses the line.

Some of us were fortunate enough to have good mentoring, from old time lawyers. Lawyers who taught us not only how to prepare and try a case, but how to do it ethically and professional. We were taught when to dump a case, when and how to tank a witness, and when to disclose improper conduct by anyone, even our client. We are all a product of what we learned in our first few years of practice, and often inherit the professional traits of our mentors it is amazing. Unfortunately too many young lawyers are not being taught good habits, and are mentored by television programs the likes of Law and Order and other equally absurd dramatizations. The win at all cost portrayed in so many of these programs are what so many come to believe is right, when in reality it is not. By conducting themselves, or even ourselves, in a similar manner, we all lend credence to the public perception and concomitant disdain for lawyers. The fall out from the Casey Anthony case should cause us all to rethink how we approach cases from both sides!

In this rambling, I offer a suggestion, and advice an old wise man gave me years ago, if an inexperienced colleague makes a mistake or commits a transgression offer advice and guidance, unless you want to become part of the injustice.

Anonymous said...

To Jason Gray wannabe,

Dont call me a butt wipe. How would I know he has family members who would post his bond? How do you know? Either way, I was just making a point about the inequities, and the potential for an ironic situation.

I guess unless you had your law degree bought and paid for by someone else, you don't assume others had that luxury. So I assume you are one of those whose parents threw money at him in hopes he would become something better than the lazy, good for nothing, spoiled brat they had raised.

Dick head.

Anonymous said...

I still remember my first say at the SAO. I walked out of the training session thinking, Oh No, what have I done.... Suffice to say the "trainers" were, to be polite, far less than I expected in every regard (intelligence, professionalism (huh?) and ethics).

Anonymous said...

Miller and Miranda could co host a legal show--call it blondage justice

Anonymous said...

Karma, baby!

Anonymous said...

7:54

Good answer, but Miller was too easy a choice.

How about Judge Dennis Murphy, tonight on "Murphy's Law."

Or "Psycho Ward" on Fox.

"Wolf's Den" with Judge Andrea Wolfson

Anonymous said...

Mr. Karma sayeth: "Alfredo, here I come!"

Anonymous said...

Isnt throwing a deadly missile a 2nd degree felony. So throwing a rock is a Felony but shooting a GUN is a misdo?
Not while my clients are the Defendant
DS

Anonymous said...

What the male ASA did is dumb. He's not only being reckless but he's wasting perfectly good and expensive ammo. I would assume that he'd put some premium hollowpoints in his carry gun instead of cheap fullmetaljackets. So why waste such nice ammo on a stupid stunt like this? Trying to impress the female ASA's? Janet Reno would have had a fit, she was a hard anti-second amendment nut.