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    The Defender, Fall 2011

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    66 views36 pages

    The Defender, Fall 2011

    Uploaded by

    Harris County Criminal Lawyers Association
    The Defender, Fall 2011

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 36
    OUR BUSINESS IS TAKING CARE OF YOUR CLIENTS. eee Tere na nner Ree ere eZee) Sees PRESIDENT ELECT Christopher L. Tritico aL mee aD Raa meee aN H. Hal 4 :: CLE Update ‘A Word from the President Cay by Earl Musick a _ : Winning Warriors ‘HCCLA News Round Up 9:: Welcome New Members! 9 :: 2nd Annual Declaration of Independence Reading fal 10 :: Teen Dating Violence Program i 11: DWI Top Gun 11: New Member Social / School Supply Drive 12:: The Bald and the Dutiful 13 :: Summer Reading Program 14 :: Teen Law Summer Program fe 15 :: HCCLA Joins with State Bar y ( i: 17: :Undermining the Breath Test: ane Building the Disconnect Defense eee by Mark Thiessen ry ; 21: : Aggravated DWI Now the Law: sald “Why Cooperate When Stopped?” eC by John P. Denholm entry ‘ 24: :HCCLA Ethic: 25 :: Ethics by Robert Pelton 26 :: Can | Represent Two Co-Defendants? by Joanne Musick 28: :Harris County Public Defender Update by Alex Bunin on oa ee) rm) cic eee The Difficult to Locate by Jim Willis: 34: :HCCLA Extras New Member Application mee ‘Ad Rates eS u LY CLEEVENTS FREE :: Attorney Ready Room :: 7" Floor Criminal Justice Center :: Noon OC) area CN UCN Me LAUR DTPA CSC SL Pe ar CACC NAC arma CALL-IN TALK SHOW Stay Updated with HCCLA Houston Media Source Comcast (Channel 17) AT&T U-verse (Channel 99) www.hmstv.org/streaming.htm @® revs ‘As I started to write this column, I had been reading “The Lincoln Lawyer” by Michael Connelly, and I highly recommend this book for anyone who practices criminal defense. The book starts off: “Thor it na client as rary as an innocent mars.” Later we find ou why itis so scary: "there 4s ma in-betwcen with an innocent clint. No negsiation, no plea bargaining, no middle ground, There's only one verdict. You ave ts put a NG om the scoreboard. Having represented several clients who fit this description, I whole heartedly agreed and started thinking about some of the innocent men and women ‘who came to my office for help. Recently on crial day, 2 client earned down a class C offer and said he would rather {20 to jail for one year than to plead guilty to something he didn’t do, so we went to tral, In the end, the NG was on the scoreboard, and I probably felt becter about it than the client. Criminal defense work is probably che most rewarding. endeavor of my entire career, yet the work can be extremely stressful. Representing an innocent client inceeases the steess because thete can be no plea bargain and only one verdict will do, Prosecutors seldom understand why we cann clients to some lesser charge rather than isk a conviction. Prosecutors seldom understand our clients can be more than not guiley, some are actually innocent. a word from our president Cert Was ie ‘Many of my friends ask me why I became a criminal defense lawyer and if I like what I am doing. Several friends believe it is all about the money. They find my reasoning to be faulty and they don’t understand how I can receive so much, satisfiction from representing someone charged with a criminal offense. Their perception changes, however, a5 5000, as a relative, friend or neighbor is caught up in the criminal justice system, In our system, itis the defense lawyer who is despised by the public and sometimes even his own client. Recently when talking with the jury after a verdict, a juror offered the prosecutor a little advice. He told the young prosecutor, ‘You need to work aw your introduction. Unlike defonte lawyers yo already have crditability, so you just med to tell ns a litle bit about yourself, Let us get to now you better.” While helping. the prosecutor prepare for fucure juries, he confirmed that which well know: public respect for criminal defense lawyers isa Aeeing dream we often chase ‘Most of us knew how the general public felt about us before wwe started our practices. So, there must be other reasons why. we chose this profession. Hopefully we did not believe we were going to get rich practicing criminal law? Regarding that thought, Richard “Racthorie” Haynes said, If you want 1 became a millionaire practicing criminal defense, yo better start with 100 million dollars.” eon @) a word from our president continued al Music On July x, 207, T stood with members of the Harris County Criminal Lawyers Association (HCCLA) in front of the Criminal Justice Centet. Over 100 people gathered for the reading of the Declaration of Independence, We endured Houston's heat, took time away from our practices, and reflected on all the rights our forefathers fought to ensure, Asa group we recognized chat without criminal defense lawyers, the Declaration of sion and he Bill of Rights would be meaningless pieces of paper. Independence, the Const [As for myself, I have cheered for the underdog my entice life. Even now I watch the Astros and hope for a win. I odds of the defense winning a case favor the Seate, but I still cheer and hope for our members who are realize d willing to fight the fight. That is why I like reading the inning warrior!” column. HCCLA members battle everyday for the rights of the accused and they stand up against the powerful government. We fight because our clients deserve che very best An inheritance nobody wants. poner il follow tei paret into pris themselves apr a ny acc wg an ® wens [As defense lawyers we sometimes feel helpless and find ourselves up against insurmountable odds. Judges presume our clients ate guilty. The peess and public opinion often see the cliene 3s convicted before they even ‘enter the courtroom, Even an innocent client feels there is rho place to turn for help. Whether they are actually innocent or not, they need “someone” to stand up against the system on their behalf, and it makes me feel good to be that “someone Maybe we went into criminal defense work by sheer accident, bue it is a calling that can be tremendously rewarding. HCCLA can help you be a better lawyer and reap the rewards waiting for you. As a lawyer, you have a sift and a duty co share with others. Young lawyers need mentors, experienced lawyers need other lawyers to discuss issues with and obtain answers. Get involved with HCCLA and be that “‘omeone” who can make a difference Harris County has some of the best criminal defense lawyers in che councry, and I suspect you practice criminal defense for many of the same reasons 3s me, So, when there is no middle ground, stand firm and put ‘hac NG on the scoreboatd! TTT MLC es And the hits just keep coming... Peyton Peebles walked a client on a DWI 2nd who went through a house in Oak Forest and ruptured a gas line Peyton and Steve Shellist's Padilla-based 1 1.072 writ was ‘granted way down south in Brazoria County. Danny Easterling scored a suppression on a PC (17 grams of cocaine) from Judge Carter. Danny caught an officer from the South East Tactical Unit in one lie after another ‘Three cheers for Katherine Seardino and Vivian King, for their “Lawyer of the Year” awards from TCDLA. Rick Oliver broke in a rookie cop in scoring a Not Guilty ina DWI trial Rick also snagged a dismissal in a 19 breath test ease when the state couldn't prove the officer read the statutory ‘warning to his client. Michael Pefia heard a jury return a Not Guilty verdiet on an Assault-FV/Choking case in the 338th, much to the chagrin of the visiting judge Mark Hochglaube, now baiting forthe Public Defender’s Office, picked up an acquittal on a PCP case up on the 20th Floor. Lying cops, beware. Staring down the barrel at an offer of “life times three,” Scott Pawgan and Judith Shields tced it up against Brett Ligon's band of merry men and got a jury to hand down 60 years to their client (who was already serving a life term). Judith stymied the MoCo DA's Office yet again with an acquittal on a Class A assault in Court No. 5 in a case the prosecutor termed “a whale.” Making the victory sweeter was the fact her client was on parole Tyler Flood and Matt DeLuca managed to turn a .12 breath test, a vomiting passenger and a client who wet herself twice into an acquittal in Maybe if you're charged in federal court you don't need a priest after all. Erie Davis walked his client on a three-week long Medicare fraud trial Patti Sedita scored a reverse and render due to insufficient evidence before the 14th Court of Appeals on a negligent homicide that relied on cell phone usage as a major factor in the accident. Deborah Summers convinced Judge Brown to suppress an illegal search in an interference with official duties Kent Schaffer and Brian Wice, with an assist from Amy Martin and Tyrone Moncriffe, saved a life in Galveston by convincing DA Jack Roady to withdraw a notice to seek the death penalty on a capital murder committed back in 1983. The Fifth Circuit ordered a new punishment hearing based on trial counse!’s failure to put on mitigation evidence. Their client was sentenced to life with credit for 18 years. Casey Kiernan and Bob Loper, with help from Dick Burr and mitigation specialist Gina Vitale, saved a life when they wore down the state and received an offer of 40 years. Their client had been facing the needle. Xanax, alcohol and vomit weren't enough to prevent JJ. Paul from walking his client on a DWI in Court 4 after four hours of jury deliberations. Jed Silverman and Steve Gonzalez got a 2-minute Not Guilty for their client on a .16 breath test in Court 4, Norm Silverman was lead dog on a defense team that scored dismissals of federal drug charges against 32 Middle Eastern men in the Southern District of Florida, rweoeuon (7) Bm emia Owned & Operated ae ne RRS » Inclusion and/or exclusion zones ean ely »Custom schedule & range settings Bye nearer oe) J Bs et eco ee eR etl etn eee Ses) ye Sci Onna cal eariity Bon eae note tie) CoB LMU Cay o je eA SURO ALA EZMonitoring@yahoo.com Senet] A ro winning warriors 7 CONTINUED Norm also convinced Judge Hill to suppress 100 grams of cocaine. Not to be outdone, Danny Gerson got Iudge Reagin to suppress a couple of hundred pounds of ‘marijuana Dorian Cotler and Austen Hobbs got their client a directed verdict in Court 9 after Judge Wilkerson granted their motion to suppress an illegal ‘Our own President, Earl Musick, and his sidekick, John Denholm, heard a jury utter those two sweet words in Court 10 on an assault-family violence case. Stan Schneider hung the jury in the 180th on a theft case that just seemed too good to be true for the Jimmy Ortiz walked his client out of the courthouse on a Aggravated Robbery in the 338th. Robin Mitchell proved that just because someone is swerving all over the road, they aren't necessarily intoxicated. Just remember, there isa difference between, DWI and DWGABI. ne Geet Pranic as Ao ery Peer PO oc Ay ny oy Woodrow Dixon Cer) ea Michael Edwards, I ere A Vener ty re cree Joshua Floyd CT ok ad Sear Pe i crt) 2" Annual Reading of the Beclaration of Sndependence by Earl Musick (On Joly the 4th, our Nation celebrites oor independence, and more With a ration starred by HICCLA, this year on July x20, criminal specially, te signing of The Decntion pf lndependence. The _cefanelnwyeseljigG Teta in front of thei cmty coplbighs Atlebatiogs often involve Gcewotks,ptide, hot dogs and other outdoor, and read the Decantion of Independendé-In Haris County over 100 activities. fo these celebrations we sometimes miss the cel meaning of people gathered in toa ofthe CJC fr ou public reading ‘his special day in our country’s history. Independence Day is abou one citheeL fledging to racy iber thei LivesChejefoeunes te ck? ¢MemmbessAt HOGLA cook tums reading assigned portioATGh tit Mori sacred honor in dedatng out eedom, ocument fom begining (© ead. Something special happened as Ex-Presidene Robert Peon reid che lise pargniph, the

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