Defending People

the tao of criminal-defense trial lawyering

Not, in the Usual Sense, Criminal Law

Lloyd Kel­ley, The lawyer for the Ibarra broth­ers, who suc­cess­fully sued Har­ris County for civil rights vio­la­tions ear­lier this year and, in the process, brought down Har­ris County Dis­trict Attor­ney Chuck Rosen­thal, is now the defen­dant. The broth­ers have hired another lawyer to sue him over more than $200,000 in expenses deducted from their $1.7 mil­lion set­tle­ment, reports Rick Casey in the Hous­ton Chronicle.

The expenses include $20,000 to com­mu­nity activist / police aux­il­iary Quanell X. Accord­ing to the Ibar­ras, Kel­ley told them that the money was for orga­niz­ing a demon­stra­tion march. Accord­ing to X, he was a jury con­sul­tant for the trial. X says that he was paid some amount of money “to be a con­sul­tant, a jury con­sul­tant for the trial.” Kel­ley says that he turned to X to help him frame the issue of ask­ing a jury for $5 mil­lion for a night or two in jail, because “he’s just some­body who if you want to know what cer­tain aspects of the com­mu­nity are think­ing, you con­sult with.”

I’m not sure what Lloyd means by “cer­tain aspects of the com­mu­nity” (sounds like some sort of code to me), but X’s demo­graphic is Black Amer­i­can Mus­lims; the odds of hav­ing a sin­gle Black Amer­i­can Mus­lim on a jury in the South­ern Dis­trict of Texas, with its inor­di­nately white jury pan­els, are Lotto odds. That notwith­stand­ing, X didn’t know how much he’d been paid, and Ibarra’s new lawyer says that Kelly hasn’t pro­vided any invoices or can­celed checks to X.

Kel­ley also claimed to have paid or owe attor­ney Minh-Tam “Tammy” Tran $95,000 — $20,000 in con­sul­ta­tion fees and $75,000 for “jury charge con­sul­ta­tion fees.” There was no jury charge in this case, which was set­tled mid-trial; Kel­ley now says Tran helped with jury selec­tion and with research­ing con­tempt issues. Tran denies hav­ing been paid any of the $95,000, and doesn’t know whether she had sent an invoice for $75,000.

Some­how I don’t think Tan­nebaum would approve.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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