Re: Trial delays: discovery? Usual thing?

Don Harstad <dharstad@xxxxxxxxxxxxx> wrote:

We had one fellow who had been taped during a burglary, and had been
arrested on premises at three am when we were responding to the silent
alarm. I referred to him as the perpetrator during a pre-trail hearing, and
his attorney had a fit. His client immediately stated, "But I _am_ guilty.
They caught me in the f----ng act, already." Nonetheless, had we been in
front of the jury, I would have made more of an effort to refer to the
"accused." I thought of it more as a matter of good manners.

Ha! Once I was on a jury where the defendant had been witnessed by
police officers on stakeout, stealing hubcaps. He ran, and was captured
when he turned down a dead-end street.

The *ONLY* defense his lawyer could come up with was that the charge of
"Larceny over $500" was incorrect, because what he stole was worth less.
Unfortunately for his case, his client stole a set of Cadillac wheel
covers. The nice wire ones. No way those go for less than $500, even
years ago.

Also unfortunately, we found out later that was the guy's third felony,
and under Michigan's 3-strikes law, he was going away for a long time.
For stealing hubcaps. That was why the desperate defense. I felt
rather bad, because none of his felonies were against persons, or
violent, but that was the law at the time, and the $500 amount made it a
felony instead of a misdemeanor.

When the lawyers came back to the jury room, and the defense guy asked
what he could have done better, the only response I could give him was
"get a better client!" He looked rueful and told me he'd been
appointed.

That guy was guilty from the word go, and it was written all over him.
Along with "Loser." I felt worst for his parents, who were in the
courtroom for the whole thing.

Lymaree
.

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