Defending People

the tao of criminal defense trial lawyering

Another Great Thing About Being a Criminal Defense Lawyer

Mark Bennett | December 4, 2008

I am not subject to political hatchet jobs. (Watch the video. Then read Houston soon-to-be criminal defense lawyer Murray Newman’s (F/K/A “AHCL”) posts on the firings here and here.)

Diplomatic?

Mark Bennett | April 30, 2008

My lawyer informs me that, since I’m going to be HCCLA president next year (actually next week), I’m going to have to start being more “diplomatic”.
I’m not sure I can do that.
But I’ll try. . . . starting tomorrow.
Today’s Asshat of the Day Award (henceforth “ADA”) is shared by every 25-28 year old lawyer who [...]

Welcome, Former Prosecutors, to the Real World

Mark Bennett | April 14, 2008

Two recent news items, perhaps pertinent to the question of whether prosecutors lead more sheltered existences than self-employed lawyers:
In Searching for New Job, Gonzales Sees No Takers – New York Times
and
Law of Criminal Defense – And you think the economy sucks? Ask any criminal defense lawyer
Let me sum up: former top prosecutor can’t get a [...]

WE Live Sheltered Lives

Mark Bennett | April 13, 2008

I’ve taken some criticism for my belief that Harris County Prosecutors (and judges) are typically deficient in the real-world experience that leads to perspective and empathy.
Quoth AHCL:

But as to Mark’s argument about “real world experience” outside of the prosecutor’s office being a bonus to being a criminal District Court Judge, I do actually disagree. The [...]

Former Prosecutors III — A Specific Case

Mark Bennett | April 11, 2008

I’ve written before, here, here, and here, as well as here, about former prosecutors taking criminal cases. So when I read Rick Casey’s column in this morning’s Chronicle, Who I’ll Hire if I’m Caught, in which he explained why he would hire Kelly Siegler to defend him against criminal charges — because “if she can [...]

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 [...]

The Question of Compassion

Mark Bennett | February 5, 2008

AHCL thinks that she and I are coming at the question of compassion from different starting points.
AHCL writes:

You know, I think the reason that I disagree with Marky Mark and some of the other posters on a lot of the issues is because we begin on different starting points when we make our arguments.
While I [...]

Prosecutors and Judges: How is this Possibly Okay?

Mark Bennett | January 29, 2008

Today (January 29th) I got a fax from the prosecutor on a misdemeanor case. The fax contained:
A Motion to Disclose Experts; and
An order granting that motion.
The motion carried a certificate of service claiming that the motion had been served on me on the day the motion was filed or before. It had not been served [...]

Ignorance is Strength

Mark Bennett | January 24, 2008

Prosecutor AHCL contributes to a vast sea of inanity — inanity almost beyond belief; a sort of naive inanity that could only ooze from the keyboard of (dare I say it?) a prosecutor — when she writes about Why I’m Concerned About Writing. After the Cliff’s Notes version of George Orwell’s 1984 (which she admits [...]

The Prosecutor’s Reply

Mark Bennett | January 14, 2008

The prosecutor whose “Canadians” email I wrote about here and here responds:
Vivian King knows NOTHING about “the real story.” It is probably a waste of breath to defend my reputation since it sounds like a portion of the defense bar has made up their minds, but to me it is never a wasted effort to [...]