The Tragedy of Overzealous Prosecutors

Recently on this blog, my associate, TJ Perlick-Molinari, discussed a gang shooting case he won by talking about "The Tragedy of Gang Violence." It was, as he pointed out, a nasty and unnecessary shooting. What he failed to mention (or brag about!) is how important a vigorous defense attorney is in the process of criminal justice. Here, the state charged a shooting as a "party to a crime" which includes aiding and abetting, facilitating, conspiracy, etc., to commit the crime. However, the prosecutor alleged, through their victim, that our client did it directly.

The victim was just a rival gang member who was out to enhance his position and reduce his own prison time. It was a ridiculous case that never should have been brought and the jury saw right through it. If it hadn't been for TJ's aggressive defense, this client would be at Dodge Correctional Institution right now. The defense matters - though this is largely unseen and unrecognized by the public. TJ's post was far too modest - he was a hero that day for the cause of acting as a fundamental check on governmental power that ran amuk. Kudos to him and all like him that call out prosecutors and police without just rolling over and pleading clients out.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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Suspicions

While thinking about the recent case of the corrupt, and now exposed, Special Operations Section (SOS) of the Chicago Police Department, I mused about the nature of our police, prosecutors and far too many judges to never take the word of the accused against someone in law enforcement. That inherently suspicious nature is, perhaps, inevitable. It is also very unfortunate. It is what makes many court proceedings unfair - often in the extreme - and leads to making the truth-finding function of the courts a sham formality. Perhaps a bit of perspective is needed as in these thoughts from the Father of Taoism, Lao-Tzu:

Once upon a time a man whose ax was missing suspected his neighbor's son. The boy walked like a thief, looked like a thief, and spoke like a thief. But the man found his ax while digging in the valley, and the next time he saw his neighbor's son, the boy walked, looked, and spoke like any other child. Similary:

The more laws and order are made prominent, the more thieves and robbers there will be. Lao Tzu

Perhaps we need to revisit the origins and power of the presumption of innocence........

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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