Friday, December 01, 2006

Sometimes, I Suck

I have really sucked at keeping up here recently. Things have been unbelievably busy, then I went on a vacation for the whole week of Thanksgiving, then I came back to work, and have been trying to dig myself out from under the pile of stuff I left for myself to do when I came back from vacation. I've also been struggling recently with what I can blog about. I've actually had several cases that I have wanted to rant and rave about, but I just don't feel that I can protect the confidentiality and other interests of my clients if I do so. At least, not until the cases have been resolved. I have had a little bit of a run of good news, though, including:

*A client's domestic violence assault charge was dismissed. I think the prosecutor finally bought my argument that she was the actual victim in the case when she listened to the 911 tape I subpoenaed where the caller describes the state's "victim" as "choking her, banging her head against her car, and throwing her on the ground like a rag doll . . . he only stopped when I banged on my window at him . . . I thought he was going to kill her." It should be noted that the fine police officers who arrested my client interviewed this caller at the scene, who told them the same thing she said on the tape, but failed to include any of this information in their police report. They did, however, refer to her as "anonymous," even though she clearly gives her name and phone number on the 911 tape, and actually characterized her as corroborating the "victim's" account, which was that my client hit and scratched at his face, and he pushed her down to stop her assault. The police report literally said, "The anonymous neighbor corroborated the part where he pushed her down." So, they ommitted the exculpatory information from their report, falsely called the exculpatory witness "anonymous" forcing my investigator to track down who she was, and completely mischaracterized her account as "corroborating" the alleged victim's account, at least in part. Nice work, Dano.

*Remember when I was complaining about the prosecutor opposing my request for a competency evaluation of my client? She said that there was nothing to indicate that he couldn't assist in his defense, apparently concluding that my sworn affidavit stating that I did not believe he could assist me in his defense was equivalent to "nothing." Well, the report came back on him, and he was . . . incompetent! Incompetent and unlikely to be aided by restoration services. So, the prosecutor dismissed his cases.

*We got fourteen inches of snow last weekend! Fourteen inches! I've never lived anywhere that got snow like that before. It was very cold, and slippery and slidey, and it made getting to work a helluva mess, but it was awesome!


Anonymous david t. said...

I work as a p.d. in Omaha and recently found your blog via Indefensible. David was my teacher at NCDC in Macon, so I found you that way. I enjoy your blog but feel your pain about how much work piles up after a week off. If you work in juvy, David has a link to a study about detention and recidivism you might want to check out. I will circulate it to the judges I work with as verifies things p.d.s are usually unsuccessfully pointing out to judges. Maybe they will listen to a study.

12/01/2006 10:20 AM  
Anonymous Anonymous said...

By concealing the exculpatory evidence, the police not only falsified a police report, they also framed the innocent.

This is SOP, and will remain so until the police are punished for their crimes. They need the fear of a single misstep landing them in prison among the general population to keep them alert, aware, and honest.

Anything else is a waste of effort.

12/01/2006 11:45 AM  
Blogger Gritsforbreakfast said...

Well, sure, how are you going to blog if you waste all your time on your clients' silly problems? ;)

Fourteen inches of snow is a lot for a Texas girl from anywhere outside the Panhandle - what a treat! maybe you'll get a white Christmas out of the deal, or Hannukah as the case may be, but that doesn't sound as nostalgic, does it? Anyway, happy holidays, regardless, and I'm glad you're still blogging, and finding success at work. Best,

12/06/2006 3:10 PM  
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