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» Entries tagged with "victim"

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

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

Bad Facts + Time = Bad Law

There is an old saying about bad facts making bad law. It is probably true, but luckily, that does not have to be the case. Look no further than the recent Court of Appeals of Arizona case of State v. Lucas and its predecessor for proof. They also show that nearly-identical bad facts will eventually, even before the same court, create bad law sooner or later. The facts of both cases were simple. Victims have a right to refuse interviews in Arizona, and courts can designate a victim’s representative by law when the victim is a minor. In State v. Lucas, the grandmother was the victim’s representative, and the victim reached the age of majority. The defense wanted to interview her. The law provides the … Read entire article »

Filed under: Arizona Cases, Victim's Rights

A Victim In The Way

From afar, I’ve been watching a colleague represent the minor victim in an assault case. The “victim” was actually the aggressor, so it behooved him to hire counsel. He and his lawyer have had quite the ride as the case has progressed. I’m sure the prosecutor told the defense attorney that the victim would not consent to an interview because almost every prosecutor does that in almost every case. They almost never ask, however, and this time I knew for a fact that was what happened. The prosecutor never once bothered to consult with the victim about anything. At most, the prosecutor just read what the cops said the victim said, probably not even listening to the actual recorded interview, then acted like an expert on … Read entire article »

Filed under: Courts, Government Rants, Prosecutors, Victim's Rights

More Victims of the Drug War

Local news was filled with stories about Chandler Police officer Carlos Ledesma after he was killed in the line of duty on July 28, 2010. The stories describe a former Marine and Persian Gulf War veteran, a proud father and husband with two young boys. He was shot while conducting an undercover “reversal operation” in Phoenix. From what I’ve read about the case, the facts sound all too familiar. An informant tells the police he has buyers who want to buy a large quantity of marijuana. Police set up a meeting where the informant meets with the buyers and establishes the terms of the deal. The buyers check out a sample of weed provided by officers and prove they have the money. Later, at the … Read entire article »

Filed under: News, Police

Trial Reflections

I spent last week in trial. My client was charged with one count of aggravated assault. If he had been convicted and the state proved his priors and its allegation that he was on probation, he faced ten to fifteen years. The theory of the state’s case was that my client kicked his live-in girlfriend in the face five or six times, causing her “temporary but substantial disfigurement.” The jury acquitted my client after a four-day trial and an hour of deliberation. Like any trial, it was an interesting experience. A few things stood out though. I only had the case for about ninety days, and I was the client’s fifth or sixth lawyer, depending on whether you count his third (and last) public defender. … Read entire article »

Filed under: Clients, lawyers, public defenders, Trial

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