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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Defense Lawyers Vindicated

On 6/1/08, Chicago Police Officer Kieth Herrera went public for the first time about massive corruption within his "Special Operations Section" (dubbed SOS) in some of Chicago's toughest neighborhoods. Up until now, his ratting out was done strictly with the FBI. His appearance on 60 minutes detailed the rampant corruption within the SOS that, in summary, amount to uncontrolled police state tactics to "get the job done" - i.e. use whatever means are necessary to get drugs and guns off the street. This includes beating suspects, warrantless and unjustified searches, lying in reports and in court - all in the name of "justice."

Now, I could go on a rant about the police and their ridiculous rationalizations about how they HAVE to break the law to get at these criminals. However, the important point for folks (i.e., the public who are typically silent on these points) to remember is that it is exposing exactly this sort of illegal overreaching that defense lawyers do every day in this country. And, I would be quick to add, that we are really only ones doing it. The DA's don't - they work WITH these guys every day and consider them partners in their valient mission. The judges don't because even though they can't honestly believe that the police are always honest, they really have nothing else to go on other than a pissing contest between defendants and cops. It is the defense lawyer that investigates and presents this corruption and overreaching to courts. It is a very difficult uphill battle most of the time but the legal basis is usually a 4th (searches), 5th (Miranda, confrontation) or 6th Amendment (right to an attorney) claim. Some call them "technicalities" but we call them mechanisms form achieving some semblance of fairness.

For an excellent article on the "defense of defense attorneys" (by a federal judge no less!!) click here. Yes we matter.

See also:
Police Interrogations
Legally, Police CAN Lie

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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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