Wednesday, May 7, 2014

Sigh...SNL and Leslie Jones

I try to stay away from politics and religion talk on Facebook, mainly because-well, it's Facebook. And I have a tendency to get angry, and type words that I mean but shouldn't say. But I feel like I am calm enough to throw my 2 cents into the fountain on this topic.

Leslie Jones' skit on SNL wasn't funny past the part where she asked the host who he would rather have with him if he walked outside and there were some gang members out there. Even that part, the 'I-need-a-big-black-woman-to-help-me-with-these-gangsters' message, was teetering the line. Beyond the point where I personally did not find any of it funny, it was also inappropriate for a number of reasons that I believe Ms. Jones (not as a star, famous person, role model, comedienne, or even a black woman but as a human being) should have taken into consideration before she slid her chair behind that desk.



1: Clivin Bundy just said the same thing she said. Sure, his words were different but the sentiment was the same. The idea being that something, anything that black people went through as slaves, is better than our current condition. It doesn't matter whether it is said by a white man or a black woman, being a slave will NEVER be better than being free.

2: Unless she has been living under a rock, Ms. Jones undoubtedly has heard that hundreds of little black girls have been kidnapped in Nigeria and are suspected to be (right now, today, as you read this line) raped continuously and daily. To compare 'master' wanting to rape you or allow/permit/force other slave hands to rape you to being "wanted" is disgusting and despicable.

3. I have read quite a few people who support Ms. Jones by stating, "we do not get angry when members of our own race call each other Nigga and degrade women in rap songs and shoot each other and don't care about getting their education." To those people I would say two things, first you're stupid-I learned in kindergarten that two wrongs don't make a right, have you not had that lesson yet? Second, get yourself a new group of friends, no one in my circle thinks it is ok for black people to call each other 'nigga', no one in my circle celebrates women being degraded, no one in my circle shrugs at black on black crime and everyone in my circle believes that continuing to educate yourself-either formally or informally-is crucial to self-preservation and self-improvement.

4. As Ms. Jones said, as a comic it is her job to take things and make them funny. One would think that, as part of her job, she would weigh and determine whether something CAN be made funny. I would venture that, no matter how hard you tried, a grown man raping a young child so hard and so often that their intestines stick out of their anus, can not be made into a joke. I am going to go out on a limb and say you would be hard-pressed to find an audience that would find a joke about 9/11 or the bombing at the Boston Marathon funny. Sure, you CAN make a joke about anything. That doesn't mean you SHOULD.

5. Ms. Jones made herself (and, unfortunately by extension with other races who have no or little interaction with black people, US) look like a fool. She, for the time being, has become the First Lady of Coonery. If I could only say two words to Ms. Jones, they would be "Willie Lynch". I highly doubt Ms. Jones truly believes she would be a hotter "commodity" as a slave than she is now but she still put the idea out there. I challenge you to read Mr. Lynch's letter, let your heart and mind resonate with these two lines:

"You know, language is a peculiar institution. It leads to the heart of a people."
"...being a fool is one of the basic ingredients of and incident to the maintenance of the slavery system."

Sigh. Let's cut out the foolishness people.

Until next time,

Be blessed, be careful, never consent and never confess.

~LT

Friday, May 2, 2014

2 Wow's in one day

Every year I take a break from Facebook during the month of my birthday. I find that it is a nice gift to myself, I declutter my mind of the "going's on" of other people's affairs and take the time to deal with me, who I want to become and what I am doing to be that person. As much as I enjoy the time off, I also enjoy the return, I get to see how people's lives have developed, changed, improved (or sadly, declined) over the last 30 days. As I am scrolling down my feed, seeing new babies and wedding pictures and engagement announcements, THIS stop me in my tracks:


My response to this picture?

I am not THAT defense attorney who believes anyone and everyone that has committed a crime should just run wild and free. In my opinion, those kinds of defense attorney's are just as guilty of wiping their behinds with the US Constitution as the cops and prosecutors who believe that everyone ACCUSED of a crime is guilty until proven innocent (and in some cases, they still don't want to believe it.).

HOWEVER, Juan Roberto Melendez-Colon, Ray Krone, John Thompson, Leo Jones, Paul House, Cameron Willingham, Johnny Garrett, Carlos DeLuna, Levon Jones, Glen Chapman and MANY others like them make it hard for me to see killing a human being compared to putting down a dog.

***steps off her soapbox to prep for trial***


This picture and the statement on it hurt my heart. 

As I am sure I have mentioned before, I have five brothers. All of my brothers are young black men ranging in age from 32 to 20 years old. At any point in time, despite what I know in my heart of hearts about my brothers, any one of them could be sitting in a chair, wearing an orange jumpsuit, sandwiched between two suits, looking at twelve strangers with 'please-save-my-life' in his eyes. I am not ashamed to tell you that I would be sitting in the front row, tissue in hand, tears on my face, knots in my stomach and the same message in my eyes.

What people don't understand is that the justice system is F L A W E D. Majorly flawed. People who should be locked up are not, people who should not be locked up are, mentally handicapped people are thrown in prison and expected to fend for themselves in general population, people are on death row who do not belong there and while there are plenty of people serving time for crimes they DID commit, there are SO many that are serving time for a crime with no evidence they are the person who is guilty.

Life is not Law & Order. If there was one thing I could get the general population to understand, it would be that. I was channel surfing a few days ago and I happened across an episode of Law & Order starring Viola Davis. I love her, I think she is a marvelous actor so I stopped to watch. I changed the channel within 10 seconds. 

1. She leaned on the jury box while doing her closing argument-you can not do that.

2. She told the jury what her client's sentence is going to be if they find him guilty-you can not do that.

3. She told the jurors to put themselves in her clients shoes-you can not do that.

In 10 seconds she committed at least 3 of the cardinal sins of arguing in a jury trial and THAT is what people use to measure our justice system. Guess what people? The state does not always figure out, RIGHT BEFORE the trial commences that they have indicted the wrong person. The state does not always have hoards of DNA evidence and jail house phone call recordings with the defendant confessing his sins to his girlfriend. 

Sometimes all they have is the word of one person, the shoddy police work of dirty (or lazy) detectives and a host of lemmings in their ear shouting 'YEA, KILL THE BASTARD!'

Wow.

I know I said I have 2 wow's in one day. Well, hours after I saw the above-referenced picture, a friend of mine posted this link

Wow...just....wow.

I guess we should do the only humane thing and put him down like a dog. smh

Until next time my beautiful people,

Be blessed, be careful, never consent and never confess,

~LT


Thursday, April 17, 2014

Theme song of the week: "Tell me what you want me to do" by Tevin Campbell

After reading yet ANOTHER letter with my client begging and pleading with me to give them another chance, as if it is all up to me, I started humming this song in my head. I never realized how fitting it was and I have decided it is my "Public Defender Song of the Week."  I have not typed out the lyrics in their entirety, but there are some that hit pretty near and dear to my exhausted heart.

"You called me up, and I came to see you."--My client's know that I am busy, they like to tell me that in between projects they assign to me as their personal assistant on the outside. Nevertheless, this first line hits home because it wastes no time getting straight to my duties as a public defender. You call me up-I come. Even though I just spoke with you yesterday. Even though I just sat on the phone with your mama for 20 minutes. Even though I just had your baby mama in my office and wrote the answers to her questions on a sheet of paper so she could recite them to you when you call her later that evening. I come even when I know you have nothing to talk about. I come even though I know you don't like me. I come even though I know the only reason you want me to come is because you do like me. You rub that damn lamp and I come. Aladdin has nothing on you.


"It hurts me deep inside, when I see you crying."--I don't have many female clients, most of my clients (and almost all of my incarcerated clients) are men. While tears usually do not move me, I cannot stand to see a grown man crying from anything other than physical "I-just crashed-my-motorcycle" pain, or when they find out their mother or child has passed away. Anything else just makes me feel uncomfortable; so while it may not hurt me deep inside, it makes me want to leave the jail even quicker. I can't offer you a tissue, I'm not allowed to bring them in. I can't give you a blank sheet of paper, that's uncomfortable for you and it looks suspicious to the C.O. watching us on the security video. You can't clean your tears (or your snot) on my sleeve so, I just sit there. And awkwardly watch you cry. While trying not to get caught stealing a glimpse at my watch.


"Whatever's wrong, I'll make it right."--sigh...I will TRY, I will TRY to make it right. This is what I want (but do not [often]) say to my clients. Think of your case as a totem pole; do you know where I am?
Believe it or not, sitting at the very top is YOU-I do not have any power over you being in a place, being with people, possessing a thing, using words, engaging in actions that cause you to get arrested. I can try with all of my might to fight any Constitutional violations made when the proof of said actions/words/things were obtained, but as Smokey the Bear would say, "Only YOU can prevent" your life from being set on fire.

Next up is the law enforcement officer-they make the decision to arrest. Do I wish I could be a little devil/angel combination sitting on the shoulders of every law enforcement officer with arresting power so I could convince them NOT to arrest you? With all of my little heart! I wish it more than Pinocchio wished to be a real boy. Oh, if only wishes were fishes....

Next in line is the warrant clerk, the prosecutor's office, the grand jury, any witnesses or victims and THEN me. Really, when you take a look at the visual, I feel even worse for you than I did before. I can promise you I will try my best to shake things up at the bottom of the totem pole, but that's about all I can do from this view.

And finally....

"Tell me what you want me to do ooo-oooh-oooh"--you write me and say "I know I did wrong", "I need one more chance", "I'm begging." This is the line that made this song the song of the week; because this is my client. This line covers both sexes, all races, all nationalities and backgrounds. Once my clients are incarcerated, especially after it's an incarceration that occurred AFTER I just got them out of jail, they become Tevin Campbell. "Ms. Public Defender, tell me what you want me to do", "Ms. Public Defender, I will do anything", "Ms. Public Defender, I just made a mistake"...und so weiter...

I want so badly to tell them "Oh Mr./Ms. Campbell, there isn't anything you can do right now, no amount of begging ME is going to get you anywhere. See, you have me so that I can beg the judge on your behalf. I am at the bottom of the totem pole, remember? I have no power. I have the United States Constitution and, depending on what the judge had for breakfast, even that may not be enough. I will proudly and boldly stand in my uncomfortable heels and my uncomfortable suit, donning an uncomfortable smile....all for you. I will fight for you, But I can't promise you that it will get the result you desire. 


Begging me just makes me feel even worse when things don't go our way. So please stop.

Until next time,

Be blessed, be careful, never consent and never confess.

~LT







Thursday, April 10, 2014

Lion versus swan

Growing up as the only girl with five brothers, you learn to be tough. Oftentimes it has been harder for me to be nice and soft than it has been for me to be hard-headed and bad-ass. One of the greatest things that could have ever happened to me was making the trial team and getting under the tutelage of my trial coach. He helped me to realize that rather than attacking like a hungry lion going in for the kill, some witnesses would be better approached in an "I'm-a-gentle-swan" like manner.

(http://www.cracked.com/article_15853_the-6-cutest-animals-that-can-still-destroy-you.html)

People like the swan; they hear that word and they think of Disney and the ballet. The swan is a beautiful animal that represents grace and love. In fact, when a swan is head to head with their mate, they even form a heart-the universal symbol of love. Taking the swan approach paints a fantasy of the kind of person you want the witness to think you are; but once the witness has gotten comfortable with your style, your grace, your charisma, just like the swan....

you attack!!
(http://www.telegraph.co.uk/earth/wildlife/9240768/Violent-swan-Mr-Asbo-finally-removed-from-Cambridge-river-after-attacks-on-rowers.html)

Honestly, once I learned the swan attack technique, it became just a tad bit more fun than the lion approach. However, every once in a while, you may intend to approach a witness with style and grace and they....well, they just won't let you.

This morning, I was watching a colleague of mine in a motion to suppress hearing, question a state trooper about the bang-up job he did on a DUI stop and the guy was a jerk. Not just a little bit of a jerk but a real live, "yeah-so-I-didn't-do-my-job-and-why-are-you-making-a-big-deal-out-of-it" kind of jerk. This colleague of mine approached the trooper with swan-like grace, with no intention of attacking the trooper but he BEGGED for it.

The manual says you are supposed to conduct the test on a flat surface?

Yes

You conducted the test on a slope?

Yes (with shrugged shoulders)

The manual says you are supposed to conduct the test on a sturdy surface?

Yes

You conducted the test on asphalt with gravel?

Yes 

The manual says you are supposed to conduct the test on a dry surface?

Yes

You conducted the test on a wet, muddy surface?

Yes (shrugged shoulders again)

The manual says you are supposed to use an actual line?

Yes

You told Mr. Client to walk an imaginary line?

Yes

Keep in mind that through all of this, the Trooper is looking at my colleague like she is a chicken with a dog head. He is answering questions like he cannot believe he has actually been called into court and he is being an asshole. 

I can't wait to see him testify in front of a jury.

Until next time,

Be blessed, be careful, don't consent and don't confess.

~LT


****************UPDATE******************
Motion for mistrial granted, then judge advised the prosecutor he was going to move the case to his admin (where cases go to die) docket and he wanted them to seriously consider whether it was a good idea to try this case again because he highly doubted it would get past a motion for judgment of acquittal. I'm counting that as a win! (I ended up sitting in for my co-worker so it counts.)

Saturday, March 22, 2014

Side-tracked; no pun intended (well..maybe just a little)

I created this blog for two important reasons. First, I wanted to chronicle my 'life' and growth as a public defender. Honestly, when I started the blog I wasn't sure how long I was going to last in the public defenders office. Though it has not quite been three years yet I must admit I have been at it a lot longer than I thought I would and I have learned way more than I ever realized I never knew (pause for a minute and re-read it. I know it looks wordy but it makes sense. Promise.)

The second reason is because I love writing. As a little girl I wrote, as a teenager I wrote, as a young adult I wrote and now, as an early thirty-something still trying to figure out what I want to be when I grow up 'for real', my dream, my passion, my love and my life has always been and continues to be intertwined in writing.

It is for the second reason I am blogging today. Amtrak has opened up an amazing opportunity to writers and as green as my writing and I may be, I would regret it forever if I did not jump at the opportunity to be considered.  By creating the #AmtrakResidency Program the company will award up to 24 writers with a 2-5 day overnight trip in a sleeper car in order for them to focus on their craft with limited interruptions. As a public defender, as a single mother and as a full-time worrier, this is an opportunity that would bring me to "I-just-met-Johnny-Depp-AND-Dolvett-Quince" tears.

While this is not an opportunity that will be determined based on the number of votes someone receives, the terms and official rules do state "[t]he ideal candidate will possess strong writing skills as well as extensive social media connections." My hope is that, if there are any of you out there actually reading and enjoying the thoughts, gripes, fears and worries of an anonymous public defender, that you will 'like' them on Facebook, 'follow' them on Instagram and blow up their Twitter feed with support for yours truly.




I cannot promise you that the trip will end with me in possession of the next great American novel, but I can promise you I will spend every single minute in that car striving for just that.

Until next time,

Be blessed, be careful, never consent and never confess (what? I'm still a lawyer lol)

~LT

Friday, March 21, 2014

Preliminary Hearings (or, The three sweetest words)

In my jurisdiction the first time a client will be in front of a judge, with their lawyer, getting substantive information about their case is at the preliminary hearing. Most of the time, attorneys (usually private attorneys, sadly) will waive their clients hearing without consulting them, especially if they are not in jail (more on that later). Not as frequently, the client will demand their hearing and the defense attorney will actually have one. These hearings are usually held for a variety of reasons, none of which is to actually get a 'no probable cause' finding from the judge. While it would be ideal to have a judge declare, in open court, in front of the prosecutor, your clients family and the officers that there was not probable cause to arrest your client, the reality is that it just doesn't happen.  Since 'no probable cause' is not expected in my jurisdiction, preliminary hearings are essentially depositions. They are a tool to get the officers' testimony recorded so they can't change their story later on the day of trial, they are an investigative measure to find out what other evidence or witnesses are out there that you can work on securing now, or they sometimes serve as a reality check for your client who swears the officer/victim/witnesses isn't going to show up in court and testify against them.

Oh but miracles do happen.

I sat and watched a colleague of mine hold a hearing and from the very beginning things were not looking great for the case agent. He showed up 15 minutes late in front of a judge that runs a pretty tight ship.

(http://bcbha.wordpress.com/author/dcule/page/24/)

When the agent arrived he tried to sit behind the prosecutor and just watch the agent filling in for him continue to trip his way through testimony. The judge eventually saw said agent sitting in the gallery, stopped testimony and called him up. After the judge thoroughly chewed out the agent, embarrassed him and pissed him off the testimony continued. It only got worse.

Apparently, the client was involved in a drug transaction with a confidential informant (CI). This informant was searched, their vehicle was kind of searched and their passenger (yes, passenger) was not searched at all. As my colleague confirms the presence of a third person who was not searched by any member of law enforcement before being permitted to participate in a ride-a-long, the judge couldn't contain him self any longer and just had to clarify the series of events for himself:

You met with a CI? 'yes'

You searched the CI? 'yes'

The CI did not have any drugs on them? 'no'

The CI was going to buy some drugs from the defendant? 'yes'

But the CI had another person with them? 'yes'

This person was NOT a CI? 'no'

This person was NOT searched? 'no'

There was no other law enforcement in the vehicle with the CI and their buddy? 'no'

The wire on the CI does not clearly show the defendant handing the CI drugs? 'no'

No lie, this is how the judge looked at the prosecutor:


Strike 2 (http://www.slate.com/articles/sports/sports_nut/2005/10/the_umpire_and_his_discontents.html)

The judge calls my colleague and the prosecutor up to the bench so they can have a candid discussion about what the judge is willing to entertain. Earlier I mentioned that preliminary hearings are waived if a client is out of jail; well, in our jurisdiction if a client is out on bond and they still demand their preliminary hearing, the prosecution can declare 'no probable cause'. For some reason, some people believe this means their case is over with and it goes away. The only thing it is successful in doing is taking the client from under the bond restrictions while their case is pending indictment. All cases, whether there is a probable cause finding at the preliminary hearing or the hearing is waived, proceed to the grand jury for presentment. If the grand jury indicts a defendant that is already on bond for said offense, nothing happens, their arraignment is scheduled and the case continues through its life cycle in the court. However, if the grand jury indicts a defendant who is NOT on bond for the charges, a bond is set and the client is picked up by local law enforcement and re-booked so they can post bond.

Ok, back to the topic at hand. It is safe to say the judge is pissed but he knows if he declares no probable cause the defendant will be released today but just get picked right back up later. The judge wants to know if there is ANY bond amount the client's family can afford to post. No. They state they can't afford to post even a nominally set bond amount. The judge inquires of the prosecution (regarding what I don't know since this is taking place at the bench) but is none too pleased with her response because the next thing I hear is :

"Let me make this PERFECTLY clear, jail is not to be used as a tool to force someone to plea!"


So what's up with the title? I'm glad you asked. The three sweetest words I have heard all week: 

"no probable cause"

Until next time,

Be blessed, be careful, never consent and never confess!

~LT


Friday, February 28, 2014

Trial butterflies

I have a jury trial next week. It is not my first trial but it is my very first jury trial where my trial coach is the presiding judge. I am expecting a silent critique throughout the trial and will spend almost as much time worried about disappointing him with my 'performance' as I am worried about disappointing my client. It does not help that I believe, deep down to the bottom of my soul that my client should be found 'not guilty.' Not only do I believe he should be found 'not guilty', I believe the evidence is so blatantly clear that he is not guilty that a guilty verdict would be my cue to quit my day job. Literally.

(http://mygratitudelife.wordpress.com/2011/11/14/day-221-butterflies-in-your-stomach/)

Until next time,

Be blessed, be careful, never confess and never consent.

~LT

*******3/05/2014*******UPDATE

Case dismissed!!!!