Roman Holiday

We're in that rare group of PDs who actively hope for trial.  Didn't happen this week, but in our cases set for trial, no one took anything worse than credit-time-served.  At one point we were down to two clients whom the state begged the court to warn about their potential time in jail and on probation for their various charges.  Both our defendants had faith in us, themselves, and their cases and refused to back down from their "we're taking this to trial, damnit" posture.  End result - the state ended up dropping both cases.  Good times.

Also in the Schadenfreude category - Roger Clemens, aka Fat Billy.  I think Hardin's next move ought to be holding a press conference where Clemens goes into a roid rage and beats something small and inoffensive to death.  Because that could only improve things.

Comments

[Jen]

I wish I still lived in a county that would drop cases when my clients asked for trials.

[Laurel]

Can I ask you a question?

Isn't it highly unusual and even rare for a defendant to take the stand when said defendant has been charged with murder?

It seems that everyone in the courtroom, according to news accounts, was audibly (as in gasping) taken aback when Bobby Cutts Jr took the stand in his own defense during the trial in which he was accused of killing his lover, Jesse Marie Davis, and her unborn child.

I know nothing about the law, but I was under the impression that whether the defendant is innocent or guilty that he or she never never never testifies if only because cross-examination can potentially open up a can of worms.

Court observers were said to comment after the trial (he was just convicted on Friday) that up until the moment he took the stand, everyone was predicting a hung jury.

Wouldn't a defense lawyer advise a defendant against testifying, even if that defendant wanted to testify?

Just curious.

[The Bardd.]

Sure we advise against it. But they have an absolute right to testify if they choose. If they want to hang themselves, we can't stop 'em.

Actually, I lost a murder case because the client decided at the last minute not to testify. My whole defense was premised on him explaining how his third statement to the police(the one the prosecution and the judge allowed in) was coerced, and getting in the other 2, exculpatory statements, then corrobborating them with outside evidence. No testimony by defendant, and the whole house of cards fell.

That's a rarity, though. Most of them should keep their mouths shut.