ARTHUR HEARINGS UNDER ATTACK

UPDATE: Miami Dade killer Thomas Knight was executed by the State of Florida at 6:45 pm Tuesday evening. The execution was for the death sentence Knight was under for the murder of a Corrections officer at Starke where Knight was on death row for the double murder of Sydney and Lillian Gans. Knight was working for Sydney Gans under an inmate release program in 1974 when Knight kidnapped and then executed the couple. 
David Ovalle, who witnessed the execution, posted his story here. The State spent 40 years trying to exact "justice" for the Gans double murder. Query: was justice done?

This email crossed our desk yesterday:

Has anyone else recently been told by ASA that if you proceed forward with an Arthur hearing, there will be no below guidelines plea later?

I have burg/batt case. Client is friend of victim family and visits often. He was super high on drugs, went into house and was caught stealing stuff. No priors.  Fight among three teenage boys.... all who have been friends for years.  Client then went into convulsions.

Clearly, a judge would grant a bond but, ASA threw that bombshell at me.

Anyone been down this road?

Rumpole replies: Yes, we've been down this road, and let us guide you. 

We have no idea whether or not this is the new policy of the Dade SAO or some pissant ASA who is either 1) lazy; 2) trying to make a name for themselves or 3) both. 

Here is how you respond to this type of tyrannical bullying:

Dear ASA:

You informed me that if I asked for an Arthur hearing for my client for the purposes of obtaining a bond that you would, in your official capacity, retaliate against my client by refusing to ever in the future examine the merits of the case and the justice of what punishment my client deserves, and punish my client for having the temerity for seeking his rights under the constitutions of the United States and Florida.  As you informed me, the punishment for seeking to exercise his right to bond would be that you would NEVER offer a below guidelines plea regardless of how the facts in this case are developed through discovery and whether justice would require a below guidelines plea.  

Good for you. 

Could you please respond in writing confirming that it is your policy, and your office's policy, to punish defendants who exercise their constitutional rights? While we are at it, besides your office exacting punishment for a defendant seeking bond, are there any other exercises of constitutional rights that your office has decided merits punishment?  For instance, will asking for discovery trigger an increase in the offer? Will taking depositions trigger a larger increase in the offer? Will demanding a trial by jury trigger a decision by your office to seek the maximum allowable punishment under Florida Law? Is there a part of your office's website that conveniently lists the "triggers" and corresponding punishments? 

Are you proud of your role in punishing defendants for the exercise of their constitutional rights? Did they recently change the oath you take as a prosecutor, changing the requirement of protecting the constitution and constitutional rights to suppressing those rights that you find personally troubling or time consuming? 

I am assuming that the punishment for asking for an Arthur hearing includes the blanket refusal by your office to ever drop charges even in the event my client turns out to be innocent. Clearly a dismissal would be a below guidelines result. 

I await your response. 

Yours, etc.

__________

Your name Here, Esq. 

Any input from the FACDL (besides their annual dues bill)? 

The point here is to never, ever, ever back down when a prosecutor threatens your client for exercising a right under the constitution.  The remedy is to embarrass them. Make them say it in open court on the record. Ask in writing that they confirm the conversation-threat. If they don't think there is anything wrong with their policy, why shouldn't they proudly announce it on the record and in writing?  That the Dade SAO continually seeks to play these types of games is troubling. 

"The only thing necessary for evil to flourish is for good men to do nothing."

Edmund Burke. 

See you in court.