Progress and disappointment

The past six weeks have brought a whole new layer of sophistication to my practice. I have

• made widespread use of our investigators, and thank god for them
• hired a private psychologist to perform a competency evaluation on a client, concerned not about mental illness but about mental status
• hired a polygrapher to examine a client

Having someone else to actually get stuff for you, whether its witness interviews, documents, or whatever, is a such a luxury. I've been a public defender for over five years now, I guess. But, in the past, I've never had access to investigators. I was the one that hunted down witnesses, obatined documents, etc. There really is now way that you can effectively investigate a case when you have 30 cases on a trial calendar each month. Sure, you can get your client to help you, but that is less than effective. Their friends may or may not call you back, and there is no way that I can serve subpoenas in 30 cases. As a result, a lot of one's work becomes processing cases -- getting a dismissal, because the victim doesn't show up, or the best deal that you can. There are always regrets when you try a case, because there is more that could have been done. Having someone on the team, though, who does that work full-time is an immense help. It makes me feel like a lawyer again.

Speaking of, I tried my first felony case here. Before I came Down South from the Rust Belt, I was in a felony defender's office back home. I tried several there, but that was over seven years ago, now. (For those astute readers, I took some time off from defending and worked in the courts -- I moved unexpectedly to the South, and got a job where I didn't need a license right away.) I've second-chaired a couple of felonies since I joined this office, but this was my first without being under someone's wing.

The charge was Residential Mortgage Fraud, and I had a lady that was just trying to buy her first home. The mortgage broker and home owner were charged as well, and were represented by retained counsel. I suspect, though, that I've had the most experience actually in the courtroom. The mortgage broker paid a lot of money, I suspect, on a retainer on a fairly new attorney. We are all inexperienced at some point, so I am not faulting the lawyer. But, the situation spoke volumes about the "real lawyer"/"public pretender" myth. Of course, I'm not claiming to be Barry Scheck or F. Lee Bailey or Johnny Cochran.

I didn't believe that the jury could find my client guilty of what the State charged her with. We picked a jury on Monday, and slogged through all week and closed on Thursday morning. Of the two dozen trials I've had, this was one of my better closing arguments, so I was feeling pretty good about the whole thing. I began to get worried, though, when the jury went home Thursday night without a verdict. On Friday afternooon, after 10 hours of deliberations, they jury let us know that they disagreed with my take on the facts. My lady was taken into custody immediately, of course. She's facing a mandatory 1 to 10, although the 1 can be probated or suspended. Sentencing is Tuesday.

Losing really sucks.