» Entries tagged with "prosecutor"

The Enemy Is All Of Us

You’d probably think that Maricopa County Attorney Bill Montgomery’s moral compass is tried and true. It certainly should be, as he leads one of the nation’s largest public prosecutorial agencies. His office chooses who to charge, what to charge, and what pleas to offer in this gigantic county of ours, and for most of the individuals his deputies prosecute, he might as well be omnipotent. Unfortunately, his ability to distinguish right and wrong, and accordingly the good guys from the bad guys, seems deeply flawed. In a recent debate with my friend (and awesome criminal defense attorney) Marc Victor, he called a US military veteran an “enemy” for smoking marijuana. The New Times described the exchange, which occurred during a question and answer session at the end … Read entire article »

Filed under: Prosecutors

Prosecutorial DV Psychosis

Negotiating with prosecutors in domestic violence cases can be impossible, as the mere filing of such a case somehow instantly cements in their minds the roles each person involved the case must play. Fairly often, no amount of rational argument or actual evidence is capable of overcoming that. Even otherwise reasonable prosecutors end up absolutely convinced of their position despite overwhelming cause for doubt. This fascinating but also disturbing loss of contact with reality is something I like to call “prosecutorial DV psychosis.” Let’s start with a hypothetical domestic violence situation where there’s a recanting victim. A girlfriend called the police one night and said her boyfriend broke her cell phone. They were both drunk, and the phone was broken. The boyfriend got angry talking … Read entire article »

Filed under: Domestic Violence, Prosecutors

A Superbowl Sex Sting Poem

As a warning for those who might think it wise to blog after judging a beer competition, I present without further ado a Superbowl sex sting poem for your enjoyment: ‘Twas the night before the Superbowl, when all through the state, Not a hooker was stirring, who wasn’t a fake; The cops posted their escort ads on the internet with care, In hopes that potential Johns soon would surf there; The police were nestled all smug on their hotel room beds, While visions of entrapped soon-to-be sex offenders danced in their heads; And Adrian straightening his tie, and I in my suit, Had just settled down to field calls about police houses of ill repute, When from our office phones there arose such a clatter, I sprang from my chair to see what was the matter. Away to the jail I … Read entire article »

Filed under: Uncategorized

Times Must Be Tough

Our receptionist walked into my office with a sheepish look on her face. “Do you have four dollars and twenty-seven cents?” Confused, and then sheepish myself, I said no. Not exact change, at least. Not even a five or a ten. “I don’t keep cash on me. Why do you need it?” She explained that the mailman was waiting and someone didn’t pay enough postage. She then came in with the parcel in question. Here’s what I saw: This wasn’t the occasional person not sticking on enough stamps. Or one of the less common but more creative people with cash-on-delivery tricks. Things must really be tough when the gubmint doesn’t have enough cash to pay its own postage, when the U.S. federal executive department responsible for the enforcement … Read entire article »

Filed under: Uncategorized

We’re Gonna Need The Hardly Boys For This One…

It was a mystery for the ages, the crime of the century. A few scratcher lottery tickets and/or some cash swiped from a convenience store counter. In broad daylight. The nerve! Police interviewed the clerk, who said he didn’t just steal them himself. Being human polygraphs, officers cleared him right away.  Being forensic reconstruction experts too, they reviewed the surveillance video, which showed a lady quite clearly, but not much more. They immediately concluded there had been a crime. They got a lucky break because the clerk, who definitely didn’t just steal some stuff, got the license plate of the regular who committed the dastardly deed. Officers pulled the driver’s license photo associated with the plate and put it in a lineup that might as well have included a few … Read entire article »

Filed under: Prosecutors

More Than Race

I’m hesitant to write a post making a similar point to my last one, but as one article after another comes out discussing racism in this country in the wake of another white cop avoiding indictment after murdering an unarmed black man, this time with clear video, I worry we’re only having part of the conversation. Race is part of problem. It may even be most of the problem right now. It’s also the reason why most people are even thinking about the issue of police violence. Unfortunately, I worry that it’s not the part of the problem we can fix. Although I’m not as optimistic or congratulatory about our progress, Chris Rock makes some amusing and likely accurate observations about race relations in this country: “When we … Read entire article »

Filed under: Government Rants

When It Isn’t A Cop

Police officer Darren Wilson wasn’t indicted for shooting Michael Brown. You shouldn’t be surprised, as Rick Horowitz concludes. Scott Greenfield explains the big lie too many people still believe, the idea that the grand jury in the case isn’t just an indictment machine built into a Potemkin Village of due process for just one case so the masses can go on about their lives. Gideon explores the racial aspect, and Jeff Gamso addresses the silliness of one grand jury dog and pony show promoter. Me? I’m just envious. Here in Arizona, the accused has a due process right to a fair and impartial presentation of the evidence before a grand jury. When the state fails to do that, defense counsel can file a motion to remand arguing the state … Read entire article »

Filed under: Arizona Cases, Government Rants, Juries, Police, Prosecutors

Imaginarily Sufficient But Not Greater

It’s always struck me as silly that we as a society have decided that justice is somehow best measured by time in confinement. Speaking with an experienced former prosecutor who spent time in a foreign country helping to set up a “modern” criminal justice system, I was amused when he said they were backwards with punishment and human rights. When someone did wrong, he explained, the punishment might be giving the victim his finest goat. A convicted criminal might even be forced to give the victim his firstborn boy as a slave or his firstborn daughter as a bride for a serious offense. I could only think about how, here in Arizona, we’d just stick the dad in a cage and all but guarantee the son eventually becomes … Read entire article »

Filed under: Prosecutors, Sentencing

Real Monsters

I represent an octogenarian cancer patient who is who is likely to die as a direct result of the actions of the State of Arizona. She isn’t on death row or anything like that. She isn’t even a defendant. She isn’t just a witness either, though she may end up one if the state has its way and gets to do what’s likely to kill her. That’s what I’m trying to stop. She’s actually an alleged victim. She’s one of a few victims in a single case, and she’s the only victim of a misdemeanor offense. The other counts are felonies with different named victims. She doesn’t want the case to proceed. She doesn’t want to participate. She can’t participate. Her doctor has said she is in … Read entire article »

Filed under: Victim's Rights

Are They Idiots Or Are They Liars?

I wouldn’t be writing about Mesa twice in row if I didn’t think it was all noteworthy. This time, though, I’m a little less cynical. I refuse to believe the judges at Mesa City Court are anywhere near as simple-minded and unfair as some of the prosecutors there claim. To give you some background, if you are charged with misdemeanor DUI in Arizona and your BAC is between 0.08 and 0.15, the mandatory minimum jail sentence is one day with nine days suspended. If your BAC is between 0.15 and 0.20, it’s nine days with twenty-one days suspended. Any misdemeanor DUI in Arizona could theoretically result in 180 days in jail, but I’ve never seen it happen, heard about it happening, or even realistically considered that any prosecutor could … Read entire article »

Filed under: Courts, DUI, Prosecutors

Articles Comments

Web Design by Actualize Solutions