Defending People

the tao of criminal defense trial lawyering

The Anthony Graves Retrial Pregame Show

Mark Bennett | February 12, 2010

In Anthony Graves’s first trial, prosecutor Charles Sebesta had to cheat to win, hiding exculpatory evidence and eliciting perjured testimony (Graves v. Dretke, Fifth Circuit opinion, PDF on Scribd).
Now, not only has the evidence that Sebesta suppressed in violation of Brady v. Maryland been revealed so that the next prosecutor trying the case can’t continue [...]

Ask the Legal Marketing Guru

Mark Bennett | July 25, 2008

Dear Legal Marketing Guru,
I have left government service, and am starting my private criminal law practice as a hired-gun prosecutrix. I have already started creating my brand (“Prosecutor for Hire”) and negging the competition. I have been hired to try a capital case in Wharton County as a special prosecutor. What should I do next?
-Paladina, [...]

Is Only Kelly Siegler Man Enough to Tell the Truth?

Mark Bennett | June 14, 2008

Given that Americans’ second most common justification for the death penalty’s fairness is its provision of “satisfaction and closure” to the victim’s loved ones, it’s astounding to me that Kelly Siegler (“Prosecutor-for-Hire”, according to her tagline) admits in a blog post that there’s no such thing as closure (H/T AHCL). A successful death penalty prosecutor [...]

The Hired-Gun Prosecutor

Mark Bennett | May 10, 2008

Kelly Siegler, having left the Harris County DA’s Office, will be working as a special prosecutor on a capital murder case in Wharton County.
My admittedly cursory legal research on the question hasn’t revealed legal authority for anyone other than an assistant attorney general to assist in the prosecution of criminal cases, unless the district attorney [...]

Lykos Wins, in Case You Were Wondering

Mark Bennett | April 8, 2008

Pat Lykos, clearly the less-qualified candidate for Harris County District Attorney, has beaten Kelly Siegler, the champion of the Office’s old guard, in the Republican primary. And so the Holmes-Rosenthal era ends: not with a bang but with a whimper.
We defense lawyers have reached no consensus on whether this will improve our lives or our [...]

70 “Predator” Probations

Mark Bennett | April 2, 2008

I’m glad the Harris County DA’s race is almost over. Partisan politics and offices in the criminal justice really shouldn’t mix. In this election, both sides have tried to deceive the public.
Over at the Elect Kelly Siegler Kelly Blog you can read about Pat Lykos’s deceptions; here’s one from Siegler’s campaign.
Kelly Siegler’s campaign literature says [...]

More Truth About Fear

Mark Bennett | March 24, 2008

When I pointed yesterday to the fact that Kelly Siegler’s advice to other prosecutors to “make people afraid” it was intended to be a Sunday-afternoon placeholder until I had time to deal with Kelly’s admonishment in more depth.
Judge Caprice Cosper says that there are people whom we punish because we’re mad at them, and people [...]

Works on Voters, Too.

Mark Bennett | March 23, 2008

The Chronicle reports that, “in a 2002 trial skills presentation in Austin, [Harris County DA candidate Kelly] Siegler’s worksheet on final arguments included, ‘Make jury afraid.’”

Mean, True, or Both?

Mark Bennett | March 22, 2008

Anonymous blogger AHCL writes a critique of my mood:

He’s darker. More angry. More morose.
. . . .
Where he starts getting mean is in the comments.

he argues that Kelly Siegler “bought” Steven Hotze’s support.
he states he thinks its “fair” for Kelly to pay for Chuck’s sins (obviously not thinking that “mere presence” applies when it comes [...]

Three Opinions

Mark Bennett | March 19, 2008

Kelly Siegler is behind 4-1 in the informal poll I’ve conducted down at the courthouse this week of people whose continued employment doesn’t depend on Kelly Siegler’s election.
• A former Harris County prosecutor (now a prosecutor elsewhere) who served in Judge Lykos’s court would vote for Pat Lykos over Kelly Siegler, whom he describes as [...]