Great decision
I think that today was the best day of my professional life (at least, so far). I posted below about my recent hung verdict in which the court invited briefing for the MJOA. Today the court issued its decision on the MJOA.
Technically, the court did not grant the MJOA. Noting that 2 jurors had voted to convict, the court held that reasonable people could disagree about the evidence and as such would not grand an MJOA. However, the court reconsidered my motion to suppress my client's statements. Last August, I had conducted an evidentiary hearing to suppress some statements in which my client said she knew about the plot to kill her mother. That motion was denied.
At trial, I attacked the police officers who interrogated my client. I argued that the jury should disregard her statements because they were coerced. The trial court today, based on the evidence at the trial, reconsidered its denial of my motion to suppress. In a decision based extensively on a review of the facts presented at trial and how they contradicted some of the state's assertions at the evidentiary hearing, the court suppressed the statements of my client for a further trial.
I had also moved to dismiss the indictment, since it was based in large part on my client's statements. That motion was denied pre-trial. Today, however, the court granted that motion. Technically, there are no charges pending against my client. There is some other evidence not affected by the court's ruling, so the State can re-indict or the State can appeal the court's ruling. I don't know what the state will do. Since the decision is based so heavily on factual analysis, it would seem that an appellate court would overturn the trial court's decision only if the court is "clearly erroneous", an extremely difficult standard to meet. Further, the main evidence against my client now is the uncorroborated testimony of a co-conspirator, which is legally insufficient to warrant a conviction.
I do not know how everything will turn out, but I do know that the State right now really has no case and they have a very tough row to hoe to get the court's decision overturned. My client is in custody right now, but the bail conditions have been so lowered that it is expected that she should make bail soon. Court TV has a good story and the look on my client's face certainly shows how we view this latest development. I am still in a state of shock over this.
A friend of mine wrote that this job, with its intense battles, provides lows and highs that are simply incomprehensible elsewhere. He compared it to being a jazz musician on heroin - it feels great while you're up there playing, flowing with the music, but the come downs are a son of a bitch. For right now, though, I'm just up there playing, flowing with the music. If I could bottle this feeling, I would make a billion dollars. Of course, I would also be prosecuted by the FDA, DEA, ATF, ANT (Alaska Narcotics Teams) and various other agencies. To protect myself, then, I am afraid that I will not bottle this feeling but will rather selfishly sip it. Sort of like that 2003 Argyle Spirithouse Pinot discussed below.
Wow! I just saw the article on my Yahoo alerts and rushed to your blot to see if you'd posted about it.
You GO!
Congratulations.
Posted by: notguilty | March 08, 2006 at 02:31 AM
Excellent work! Congrats.
Posted by: Blonde Justice | March 08, 2006 at 03:23 AM
I've been following this case. I was glad to hear it. I think that what the police do is important but that they can be too aggressive in trying to get confessions out of people, which was what happened in this case.
Posted by: Steve | March 08, 2006 at 06:12 AM
Great work Steve, to you and your team!
Posted by: Sanchovilla | March 08, 2006 at 07:27 AM
Sorry, left out the "n"
Steven
Posted by: Sanchovilla | March 08, 2006 at 07:29 AM
Congratulations. You should definitely unselfishly savor this result - you have earned it.
Posted by: LAlawyer | March 08, 2006 at 10:35 AM
WOW congrats! Drink some more fancy wine. woo
Posted by: Melissa | March 08, 2006 at 11:58 AM
Nice job! There is no better tonic than for an old trial lawyer to hear the words Not Guilty or Case Dismissed. Even when it isn't on your case! Congratulations.
Posted by: That Lawyer Dude | March 08, 2006 at 06:16 PM
Way to go!
Congratulations!
Posted by: David | March 08, 2006 at 06:32 PM
This is the BEST good fight in years,
You and Tres are The MEN!!!!!
Posted by: Underworld | March 09, 2006 at 09:45 AM
Congrats! Very impressive!
Posted by: chesperito | March 09, 2006 at 12:28 PM
Great job! As a former teenage girl growing up in Craig I was pullin' for her the whole way. I know how it was and your defense was perfect. Older men solicit younger girls all the time there. They should have prosecuted for statutory rape and this never would have happened. Didn’t law enforcement testify they knew exactly who to go to because of the relationship? Hmmm maybe they should have acted sooner. You should feel great about this victory and helping a good family! Your interest in fine wine is a bonus.
Posted by: Craig Girl | March 09, 2006 at 07:21 PM
FANTASTIC!!! You must feel like the bomb today!!! HIP HIP HOORAY.
Posted by: Mieke | March 10, 2006 at 01:19 PM
My sincerest congratulations on what appears to be an astounding job on your part. May the good feelings last!
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Posted by: Mura | April 03, 2006 at 12:54 PM