Defending People

the tao of criminal-defense trial lawyering

More on the Fifth

| January 13, 2008

In response to this post about prosecutors advising witnesses who wish to take the Fifth, an anonymous Harris County prosecutor wrote: Before you are too hard on the D.A.s for telling a witness that they can’t plead the 5th on the stand, you should realize how often that comes up for us. Too many witnesses [...]

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Le Procureur Soleil de la Republique?

| December 29, 2007

KHOU-TV put up PDFs of some of Harris County District Attorney Chuck Rosenthal’s emails here and here. It turns out that Chuck uses (or was using) the email address “l’etat@dao.hctx.net”. How very Louis XIV.

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Chuck’s Apology

| December 28, 2007

This came out today, in response to the events I discussed here: For Immediate Release: Contact: Chuck Rosenthal Friday, December 28, 2007 713-755-5810 Statement by Chuck Rosenthal Recently some Harris County District Attorney inner office emails have been released in the media. I understand that I have said some things that have caused pain and [...]

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Okay, but why the RIGHT ear?

| December 27, 2007

I am not one inclined to judge the morals of others. Who a prosecutor is lusting after (committing “adultery in his heart”, as Jimmy Carter might say) is not something I consider to be my business, or anyone else’s, except . . . Except that the prosecutor in question is the individual who orders the [...]

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Welcome Prosecutors

| December 7, 2007

Defending People had a lot of traffic yesterday from Harris County computers; last night at the HCCLA Holiday Party a prosecutor asked me if I was really blogging during trial. From these two data I conclude that Harris County prosecutors are reading my blog from the office. Welcome, prosecutors! If you see any unnamed prosecutor [...]

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“We Will Show that the Defendant is a Con Artist”

| December 4, 2007

I don’t know what to say. This was supposed to be Assistant U.S. Attorney Eric Smith’s opening statement — a time not for argument but for describing what the evidence is expected to show. The accused is not charged with being a con artist. Rather, he’s charged with possession of cocaine, at issue is whether [...]

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Hit Me Again, Baby!

| November 13, 2007

Today while cross-examining my client, the prosecutor took two verbal swings at me personally. He suggested that I was responsible for my client’s account of the facts and suggested that I was calling the state’s witnesses liars. What does that mean?

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HR 916 – a Dissenting Voice

| May 31, 2007

It’s hard to find anyone in the blawgosphere who’s not in favor of HR 916, the John R. Justice rosecutors and Defenders Incentive Act of 2007. Gideon calls it “excellent news,” as does Capital Defense Weekly. PD Stuff calls it “absolutely fantastic.” Jeri Merritt calls it “good news.” Fight ‘Em ‘Til We Can’t urges us [...]

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Former Prosecutors

| March 29, 2007

I still see criminal-defense lawyers who used to be prosecutors advertising their time with the DA’s office as though it provides a benefit to their clients. Their argument runs something like this: First, it’s better to have someone defending you who knows what attack to expect. Second, former prosecutors generally have more trial experience. Third, [...]

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