A STORY OF REDEMPTION

In these decades of minimum mandatory sentences when legislators tell judges they are not to be trusted in sentencing because people who commit crimes are not redeemable, comes this remarkable and feel-good story about one man - Angel Sanchez who in 1999 was sentenced to 30 years in prison. He did 12. If the prosecutors and sentencing judge had their way, he would still be in prison. 

Except Mr. Sanchez got out, went to college and then law school, got a law degree and was recently sworn into the DC Bar by Judge De La O along with Federal Judge Kathleen Williams who has been championing Mr. Sanchez. 

As Judge De La O said- it's a feel-good story in a courthouse full of tragedy. 

Mr. Sanchez clerked for Judge De La O when he was in law school. At times Sanchez was homeless and the judge offered him a room in his home. 

Because not everyone believes in the lock-em-up and throw away the key philosophy of criminal justice. 

Just most of the prosecutors and judges in our courthouse. And that's a damn shame. 

The story is here. 

AND THEN A HERO COMES ALONG...

This was the email sent last week by PD Kevin Hellman:

Huge congratulations to APD Sara Yousuf and former APD Amy Weber for getting Judge Miguel DeLaO to grant their postconviction Motion to Vacate Judgment and Sentence yesterday winning a new trial for their client who had been convicted in 2013 of 2^nd Degree Murder, Attempted 1^st Degree Murder and Possession of a Firearm During Commission of a Felony.

This was an incredible victory that is a testament to the perseverance, commitment, legal skill and creativity of Amy Weber and Sara Yousuf.  They put in months of work preparing this motion, tracking down witnesses, conducting the hearing and making outstanding argument to get a wrongfully convicted man freed.  They interviewed witnesses and pulled jail calls and phone records, among myriad other work, to essentially prove that someone else committed the crimes charged. 

To his credit, Judge DeLaO heard all testimony and recordings with great patience and attention and wrote the most thoughtful and detailed order I’ve seen (35 pages worth) to fairly grant a postconviction motion based on newly discovered evidence of actual innocence and Brady violations by the prosecution. 

Truly amazing!

Public Defender Pride!!

Here is the order:

 The Heroes?
There are a few here. First, for perseverance and for never quitting on their client, Sara Yousuf and Amy Weber. Yousuf and Weber  have set the bar for  what criminal defense attorneys should strive to be. Never quit, never surrender, never never never. Well done, well done indeed. They are the truly the best of the best for doing what they did. They saved a man's life. Take a well deserved bow. 

Judge De la O, who heard the trial is also a hero here. As he pointed out in his extremely thoughtful motion, the judge denied the motion for judgment of acquittal and sentenced the defendant after the trial to fifty years in prison. But as the judge points out, "facts matter." And it takes a very big person to change their mind when the facts change. It takes a person of wisdom and experience and who is dedicated to nothing more than the simple concept of justice.  In summary, it takes a judge, a real judge, to do what Judge De la O did. 
There is a well thought out discussion of the problems with eyewitness testimony that every judge and prosecutor should read. The prosecutors probably won't, but judges should. At least, real judges should. 

And then a hero comes along….

A JUDGE SPEAKS

Every now and then the system works. A wise and experienced and successful individual runs for judge not because s/he needs a steady paycheck and a decent retirement, but because they want to give back to this community and hopefully make it a better place to live, work and thrive.

Miguel De La O is one such judge. His recent monograph to the Miami Herald says it all.






We once heard (and winced) when an experienced judge told a new judge "you can do anything you want in 98% of the cases, and give the public what it wants in 2% of the cases and never worry about being re-elected." 

We once saw a judge go back on his word in chambers and sentence a client to thirty years because he was under scrutiny by the Herald. 

Judge De La O is NOT that kind of judge. And that is why sometimes, the system works. 

See You In Court.