Comments on: A Little Respect . . . http://bennettandbennett.com/blog/2008/02/little-respect.html the art and science of criminal defense trial lawyering Fri, 09 Jan 2009 01:54:24 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Observer http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1261 Observer Thu, 21 Feb 2008 06:16:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1261 Thanks for the response. I was starting to think you were sore that I mistakenly assumed you were AHCL awhile back and called you schizophrenic. (You, of course, were correct in advising me that the proper diagnosis would have been multiple personality disorder). <br/><br/>I was curious because I knew someone assigned to the court involved around the time of the bench warrant issue who said that Kelly and Dick practically came to blows at the bench over the whole thing, but I never knew the full story of what happened. Thanks for the response. I was starting to think you were sore that I mistakenly assumed you were AHCL awhile back and called you schizophrenic. (You, of course, were correct in advising me that the proper diagnosis would have been multiple personality disorder).

I was curious because I knew someone assigned to the court involved around the time of the bench warrant issue who said that Kelly and Dick practically came to blows at the bench over the whole thing, but I never knew the full story of what happened.

]]> By: Mark Bennett http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1246 Mark Bennett Thu, 21 Feb 2008 01:56:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1246 Observer,<br/><br/>Thanks for goading me to respond. I had moved on down the road like Rick Perry.<br/><br/>I'd like to post more on the Temple trial issue; I've been bugging another lawyer for the original documents so that I can walk the non-lawyers through it. In essence Kelly sought a bench warrant in a case (and court) in which an imprisoned witness was not a witness (in other words, the person was a witness, but not in the court or case in which Kelly sought the bench warrant) to bring the witness to Harris County to interview him. That the witness was potentially exculpatory and that she seemingly did this to prevent Temple's lawyer from finding out about the witness make it a <i>Brady</i> issue; that the documents filed with the court at Kelly's request stated <i>falsely</i> that the witness was a fact witness in the case in which the bench warrant was issued, in my opinion, makes it a criminal issue. <br/><br/>But as Pat Lykos might say (if she spoke Latin), <i>quis custodiet ipsos custodes</i>? Limitations has expired on the possible misdemeanor tampering charge, and I don't see that Kelly even arguably committed a felony.<br/><br/>pro.v, refresh my recollection: did I see you at the debate last night? Observer,

Thanks for goading me to respond. I had moved on down the road like Rick Perry.

I’d like to post more on the Temple trial issue; I’ve been bugging another lawyer for the original documents so that I can walk the non-lawyers through it. In essence Kelly sought a bench warrant in a case (and court) in which an imprisoned witness was not a witness (in other words, the person was a witness, but not in the court or case in which Kelly sought the bench warrant) to bring the witness to Harris County to interview him. That the witness was potentially exculpatory and that she seemingly did this to prevent Temple’s lawyer from finding out about the witness make it a Brady issue; that the documents filed with the court at Kelly’s request stated falsely that the witness was a fact witness in the case in which the bench warrant was issued, in my opinion, makes it a criminal issue.

But as Pat Lykos might say (if she spoke Latin), quis custodiet ipsos custodes? Limitations has expired on the possible misdemeanor tampering charge, and I don’t see that Kelly even arguably committed a felony.

pro.v, refresh my recollection: did I see you at the debate last night?

]]> By: Observer http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1193 Observer Sat, 16 Feb 2008 19:39:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1193 Just wondering if you intended to post more on the Temple trial issue you mentioned - ? Also, since you mentioned mental health issues in the criminal justice system, I'm interested in hearing your thoughts on the relatively new Mental Health Public Defenders Office created in Travis County. I must admit that I've read little about its progress since it was established, but thought you or other defender colleagues might have some opinions about how the approach is working - ?<br/><br/>Been enjoying the blog. Thanks. Just wondering if you intended to post more on the Temple trial issue you mentioned - ? Also, since you mentioned mental health issues in the criminal justice system, I’m interested in hearing your thoughts on the relatively new Mental Health Public Defenders Office created in Travis County. I must admit that I’ve read little about its progress since it was established, but thought you or other defender colleagues might have some opinions about how the approach is working - ?

Been enjoying the blog. Thanks.

]]> By: A Harris County Lawyer http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1176 A Harris County Lawyer Sat, 16 Feb 2008 02:22:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1176 I'm just excited to see that Leviathan still exists. I think he's boycotting my blog. I’m just excited to see that Leviathan still exists. I think he’s boycotting my blog.

]]> By: Ron in Houston http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1172 Ron in Houston Fri, 15 Feb 2008 18:49:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1172 j<br/><br/>I don't know if you insulted Mark or complemented him by comparing him to Geragos.<br/><br/>Calling Geragos a "Mark Bennett-wannabee" was a very witty comment. j

I don’t know if you insulted Mark or complemented him by comparing him to Geragos.

Calling Geragos a “Mark Bennett-wannabee” was a very witty comment.

]]> By: J http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1171 J Fri, 15 Feb 2008 18:32:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1171 Geragos is a Mark Bennett-wannabe from California. Check him out and drop a dime for unjustly-convicted Scott Peterson while you're at it.<br/><br/>http://www.geragos.com/peterson.php Geragos is a Mark Bennett-wannabe from California. Check him out and drop a dime for unjustly-convicted Scott Peterson while you’re at it.

http://www.geragos.com/peterson.php

]]> By: Mark Bennett http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1170 Mark Bennett Fri, 15 Feb 2008 18:22:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1170 Ron, you may be right.<br/><br/>Leviathan, HCCLA is very interested in the topic. We can't do much about it alone, but after the November general election I hope to have a sitdown with the new DA and representatives of the other stakeholders to talk about this and other issues of mutual interest (*** MENTAL HEALTH ***).<br/><br/>J, most grow out of it, but not all (I know at least one felony chief who still behaves this way), and it shouldn't happen in the first place.<br/><br/>One big difference between DAs being rude and defense lawyers being rude is that a defense lawyer is going to irritate one, or maybe two or three DAs in a day; a prosecutor doing the same is going to irritate tens of defense lawyers. Another big difference, to quote Kelly Siegler, is that you "have all the power." <br/><br/>Further, there are fewer young solo defense lawyers and more new prosecutors every year.<br/><br/>Who's Mark Geragos? Ron, you may be right.

Leviathan, HCCLA is very interested in the topic. We can’t do much about it alone, but after the November general election I hope to have a sitdown with the new DA and representatives of the other stakeholders to talk about this and other issues of mutual interest (*** MENTAL HEALTH ***).

J, most grow out of it, but not all (I know at least one felony chief who still behaves this way), and it shouldn’t happen in the first place.

One big difference between DAs being rude and defense lawyers being rude is that a defense lawyer is going to irritate one, or maybe two or three DAs in a day; a prosecutor doing the same is going to irritate tens of defense lawyers. Another big difference, to quote Kelly Siegler, is that you “have all the power.”

Further, there are fewer young solo defense lawyers and more new prosecutors every year.

Who’s Mark Geragos?

]]> By: J http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1169 J Fri, 15 Feb 2008 18:06:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1169 Mark, the unprofessional conduct of which you speak characterizes segments of both sides of the bar. Most DA's grow out of this as they mature. BTW, who trains young defense attorneys? I can tell you there is nothing more irritating than the young buck defense lawyer who fancies him/herself as the next F. Lee Bailey (I'm dating myself here) or rather Mark Geragos, who comes in with way too much bravado and trash-talk, trying to intimidate the <br/>DA. Answering the question I posed above, to an extent, DA's train young defense lawyers through the crucible of trial and sometimes with friendly advice. Mark, the unprofessional conduct of which you speak characterizes segments of both sides of the bar. Most DA’s grow out of this as they mature. BTW, who trains young defense attorneys? I can tell you there is nothing more irritating than the young buck defense lawyer who fancies him/herself as the next F. Lee Bailey (I’m dating myself here) or rather Mark Geragos, who comes in with way too much bravado and trash-talk, trying to intimidate the
DA. Answering the question I posed above, to an extent, DA’s train young defense lawyers through the crucible of trial and sometimes with friendly advice.

]]> By: Leviathan http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1168 Leviathan Fri, 15 Feb 2008 17:45:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1168 Mark - I have to ask, because the number of responsible parties is dwindling. Based on what you wrote, I understand that Siegler maintains it is not the DA's lot to be concerned about how crowded the jail may be. I've already heard the judiciary's self-serving version of that statement, given while busily setting high bonds and denying personal bonds. And clearly, the Sheriff alone cannot greatly affect the number of people in jail. Mindful of the lessons found in "The Little Red Hen," and the recurrent fuss about overcrowding in the Harris County Jail(s), to whom does that concern fall? Is there anyone left? Does the HCCLA have any interest in the topic? Mark - I have to ask, because the number of responsible parties is dwindling. Based on what you wrote, I understand that Siegler maintains it is not the DA’s lot to be concerned about how crowded the jail may be. I’ve already heard the judiciary’s self-serving version of that statement, given while busily setting high bonds and denying personal bonds. And clearly, the Sheriff alone cannot greatly affect the number of people in jail. Mindful of the lessons found in “The Little Red Hen,” and the recurrent fuss about overcrowding in the Harris County Jail(s), to whom does that concern fall? Is there anyone left? Does the HCCLA have any interest in the topic?

]]> By: Ron in Houston http://bennettandbennett.com/blog/2008/02/little-respect.html/comment-page-1#comment-1167 Ron in Houston Fri, 15 Feb 2008 16:11:00 +0000 http://bennettandbennett.com/blog/?p=527#comment-1167 You know Mark, it might be interesting to do a quasi Stanford Prison Experiment where we get "normal" people put in roles of prosecutor and defense attorney.<br/><br/>My few and far between experiences defending people in criminal cases is that by and large prosecutors get this mind set. It's like they think all clients are lying sacks of shit, and their lawyers are just mouthpieces for their excrement.<br/><br/>I have to believe there is some serious situational psychology going on there. You know Mark, it might be interesting to do a quasi Stanford Prison Experiment where we get “normal” people put in roles of prosecutor and defense attorney.

My few and far between experiences defending people in criminal cases is that by and large prosecutors get this mind set. It’s like they think all clients are lying sacks of shit, and their lawyers are just mouthpieces for their excrement.

I have to believe there is some serious situational psychology going on there.

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