Monday, April 4, 2011

A wise prosecutor

Clay County Prosecuting Attorney Dan White is an old-school prosecutor: plays fair and cuts to the chase. He might be the only prosecutor in the area who has read the disciplinary rules about pre-trial publicity and carefully avoids holding press conferences to proclaim a person's guilt . . . but that's another subject. Anyway, I have a case of statutory rape, where my gainfully employed, straight laced, never-been-in-trouble, Army reserve client meets a girl on the internet and starts to get busy. In keeping with his chivalrous nature, when things begin to progress he suspects the fair maiden, although eager, is a maiden and politely stops. He takes her home and they stay on good terms, except it turns out that the dear girl--with some amazing pictures and posts on Facebook--is underage. Unfortunately, Missouri's laws were drafted when a 13 year old looked like a child, and haven't been updated to recognize that the 5'10" woman with boobs and booty and some nasty Facebook posts might be . . . 13 years old. So, getting back to my praise of Dan White, he suggested depositions so the dad--justifiably upset--might learn that his daughter had not been candid with him about the events. Just returned from the scheduled deposition. Prosecutor. Check. Defense attorney. Check. Court reporter. Check. Witnesses? Looks like a dismissal might be coming.