I was in trial in Juneau last week trying an arson case. It was an odd trial. I tried it and hung it in April. This time, I won the right to appeal (ho, ho, ho). Anyway, the last time I called several witnesses to discuss how they had heard the state's two main witnesses had planned on pinning this on my client. After the hang, the jurors told me that they had ignored my witnesses and the state's two main witnesses because all were from, shall we say, the criminal milieu. That jury split on whether the physical evidence pointed to my client.
I was inclined to not put on those witnesses when a couple of weeks after the trial two of them contacted the police (without their attorneys!) and wanted protection from potential perjury charges. Now, my investigator and I had questioned them thoroughly about whether they were fabricating this testimony so we had a good faith basis to introduce it. Nonetheless, you want to talk about a phone call that will make your sphincter pucker, wait till the DA calls and tells you that two of your witnesses are trying to get immunity from perjury.
Anyway, this cements my decision to not call the witnesses if for no other reason than I really did not want to get in a dispute in front of the jury about whether my witnesses had committed perjury. Client was not happy and he tries to fire me. We have a hearing but the judge keeps me in. Says that if client wants another lawyer, client can hire the lawyer. (This is the case where the client called the local paper to complain about me not doing my job.)
Now the DA is sitting on the fence about whether he's going to charge my client with suborning perjury. If he does, I wind up a witness and am out of the case. A few days before the trial, when I'm flying all over hell's half acre trying to settle a homicide case supposed to start yesterday (clue: I did settle the case), the decision is to not file charges. So, I gear up for trial.
Friday, July 8, I am in Kenai for a sentencing hearing (which I am going to discuss above). Just before the sentencing hearing, the court on the arson case sets an emergency hearing. The judge has to go out of town for a family emergency. Another judge is assigned and trial is to start Monday. The DA bumps the judge, so I'm thinking, 'Hey, no trial next week." I literally run out of the sentencing hearing to make my plane and after I land (no cell phones on the airplane, you know) I see I've got voice mail. Another judge got assigned and the trial starts Tuesday. So, I changed everything and flew out to try the case.
I got back Thursday night but I was so beat that I stayed home Friday. One of the local stores had a big Harry Potter party, including a treasure hunt with several different businesses. So I took the kids (and bought the latest book. Admission time here: I'm a HP fan. And I never did trust Snape. People that like power should not be trusted. That works in books as well as in life.) and just chilled. Frankly, I can't remember the last time I had three days where I did not think about work, go into work, or in some other way let work press on me. And you know what? It felt good.
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