Six years in the Jackson County Jail can kill a person

Over six years ago, Larry got arrested for a shooting that he didn't do. Yeah, he was there for what was to be a drug deal, but the two guys he was with turned it into a robbery and shot and killed a guy. Female luckily escapes. Larry gets charged, the other two don't.

In an all too common twist, Larry--the one who didn't have a gun, didn't plan a robbery, and didn't shoot anyone--gets charged with murder first degree.

Larry's original attorney got a 20 year offer, but Larry thought it was, or should be, a 15 year offer. Hires us to try to get a 15 year offer.

Another APA Bryan Krantz case where Bryan says Jim Kanatzar won't authorize any plea. Yada, yada, yada. After sitting in the Jackson County Jail for YEARS, Larry again meets with detectives to again tell what had gone on.

Apparently, someone didn't like what Larry was saying. In Jackson County Jail, Larry gets thrown over the railing and stomped on. He's clinically dead, rushed to the hospital, in intensive care with some serious brain damage.

Enter APA Michael Hunt, who takes the case from Krantz and Larry is sent to Fulton for some evaluation and therapy.

After being in jail for over six years, Larry got his deal today, pleading to a lid of 15 years on the murder case in front of Judge Atwell. Sentencing is March 4.

Pre-Trial Publicity Stunts by Prosecutors

"More than 100 US mobsters arrested in "largest Mafia round up in history': US Attorney Eric Holder." N.Y. Post

WHY BOTHER WITH A TRIAL WHEN THE US ATTORNEY CONVICTS YOU IN THE MEDIA?

Some Constitution. A defendant is presumed innocent, until the prosecutor holds a press conference and proclaims guilt. There ought to be a rule prohibiting such pre-trial publicity stunts.
Oh. There is. Prosecutors just ignore it.

Rule 3.8 Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall: (f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's actio and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial liklihood of heightening public condemnation of the accused, and exercise reasonable care to prvent investigators, law enforcement personnel, employees, or other persons assistant or associated with the prosecutor in a criminal case from making an extradjudicial statement that the prosecutor would be prohibited from making under Rule 4-3.6 or this Rule 4-3.8.

So, who prosecutes prosecutors when they violate the rules of professional responsibility?

Good question. If you find out the answer, let me know.

Courtesy for the Court.

On the other hand . . . .
We have the continuation of a post conviction hearing set for tomorrow, but learned that our attorney witness is in trial. So, we took the time today to let the court and opposing counsel know that it needed to be continued.
Everyone was appreciative, as it freed up their Friday afternoon.
So easy just to let the different players know what's going on, so time and days of work aren't wasted.

Courtesy (or lack thereof) for people with jobs

So, we have a 23 year old female client with no priors who has been incarcerated more than 60 days on a $100,000 cash bond for a C felony. Ridiculous bond, ridiculous charge, and a bond motion that's been pending for two months and set for hearing for a month.
We have our client's family take off work to attend the hearing, check casenet to make sure the hearing is still set (since you never know) and show up and . . . .
Seems the court has a trial that's been going all week and . . .
No one bothers to tell the parties that the bond hearing will have to be continued.
So, those people who have a real job that they have to take off for so they can go to court for a hearing set a month ago . . . miss a day of pay and will miss another when the new hearing is set.
The client? The rule that bond motions are to be determined promptly?

More Republic of Jackson County

Another day, another excuse. While in the rest of the state, prosecutors are required to file a response to a motion within 10 days, I heard yet another interesting exception in the Republic of Jackson County.
A motion to dismiss and notice of hearing was mailed to the prosecutor on November 2. A copy was received and filed by criminal records on November 4. The hearing was set for November 15 at 1:30 p.m.
No response filed by the prosecutor, but a new Court Rule was suggested by the prosecutor. The prosecutor was out of town and didn't get back until November 8. Since he didn't get the motion until November 8, no response is obviously due until November 18.
Did the prosecutor request an extension? No.
Did the prosecutor call defense counsel? No.
Was there a hearing? No.
Do the Supreme Court Rules apply in Jackson County? No.

23 year old gets 23 years. Go figure.

What do you say to a 23 year old client who gets sentenced to 23 years in prison?
It could have been worse. or You'll still be younger than me when you get out. or Maybe they'll change the 85% rule to 65% and instead of 19.5 years you'll only serve 15 years.
How do we justify a 23 sentence for a 23 year old?
This sentence will deter others. or This shows that we don't tolerate killing. or Next time, I bet you'll think before getting a gun?

All too frequent murder case. Bouncer kicks client out for something client didn't do, disrespects client, client gets gun and kills bouncer, another gunslinger shoots client in the balls.
Bouncer has wife, family, friends -- absolutely no sense in killing.
Client has strong family, many friends -- absolutely not in character to kill.
Sister of victim asks for forgiveness. Client apologizes (genuinely) to victim's family.
Plea agreement to a range of 10 to 23 years and Judge Youngs gives 23 years. (Might have to rethink pleading to a lid in Division 6.)

We spend a bazillion dollars on locking people up, but no one asks (and certainly doesn't attempt to answer) a pretty important question: How much time should we make someone spend in prison?
You would think that an informed answer to this question would be somewhat important. Each year we lock someone up, we taxpayers chip in about $25,000.00. As of June 2008, there were 2,310,984 people in prisons and jails. That comes to about $57,774,600,000.00 per year. $57 Billion dollars still seems like a lot to me.
Back in the day, people were interested in important things like recidivism (the liklihood that someone would re-offend), rehabilitation (hey-most are getting out some day), deterrence (how much punishment deters others), and other such things.
No more. Lock 'em up.
But for how long?
If, for example, we lock people up for a year more than is "necessary" then we've made a multi-billion dollar boo boo. Of course, maybe we should lock them up longer, but this lock-em-up-and throw-away-the-key approach doesn't seem to have been very effective over the past 30-40 years.

Sometimes the system works . . .

So, the client had been in jail for over a year on some ridiculous bond that only Bill Gates could make. It had been specially set in February for a July 13, 2009 trial date. Speedy trial motion filed. (See July 13 rant.)
Anyway, bond hearing to modify bond conditions given that the prosecutor had blown the trial date with a record setting 418 pages of missing discovery. So . . . Judge Schieber very quickly remembered the case and ordered a signature bond with county house arrest.