Death or Jail?

I'm reminded every day of the harsh reality of life on the street. I have daily conversations with witnesses about why they should testify in a case. The inevitable response is some variation of "You don't know what it's like" or "You don't live in my neighborhood."

The first statement is not true. I know exactly what it is like, probably more than the person I'm speaking to due to my long and intensive investigations where I get to know every detail about all my suspects. The second statement is true. I don't live in the neighborhood where all these crimes are committed. Nearby, but not in gang territory. There is not a chance I'll take a stray bullet while walking down the street with my family or that I'll walk into a store and get caught in the crossfire of a gang war.

That is why I'm trying to help though. I want to make life easier for the good people of the inner city, even the people that don't want my help.

But what about this choice a person must make? Defendant Smith is arrested by the police officers for a robbery, together with two other men who were walking with him. The two other men are identified by the victim, but Defendant Smith is not. The police process Defendant Smith anyway for the robbery with slim to no evidence. The investigation determines that Defendant Smith was not involved in the robbery and, therefore, we will dismiss his charges. There are strings, however, because Defendant Smith is now a witness. He was walking with the true culprits moments after the robbery so he probably has relevant information about statements they made or there whereabouts before the three met that night.

Defendant Smith (who is now Witness Smith) is subpoenaed to testify at the grand jury. We debrief him before his testimony and Witness Smith says he won't testify. He would rather get locked back up for the robbery and take his chances at trial before he testifies against his friends. For Witness Smith, he'd rather serve a lengthy prison sentence for a crime he had nothing to do with than risk getting harmed or getting his family harmed by testifying against the defendants. Is there something wrong with the witness? Something wrong with the system?

When I interview potential ADAs, I always ask for examples of how they relate to ethnically and financially diverse populations. I want to know how they can speak to people and relate. Can they convince the hesitant witness to testify? How would they handle Witness Smith's situation? Their answers provide a glimpse into their ability to convince reluctant witnesses to testify.

Ultimately, we would dismiss Witness Smith's charges despite his request and the subpoena would force him to testify or face further criminal charges. But maybe that's what Witness Smith would want anyway? He might want to stay in jail on criminal contempt charges instead of live on the street as a witness.

Life is difficult and another person's reality is always far worse than mine could ever be. I don't pretend I live in the neighborhood. I don't pretend I face the same struggles. I just tell them the truth about their situation and how the case will proceed. For prosecutors, the truth should be the only option.

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A Difficult Week

Posts have been infrequent these past few weeks as you might have noticed. The reason is simple-work. It has piled up and exploded, particularly this week. One of the rules of this blog is that I cannot discuss pending cases, for both legal and ethical reasons.

I will not divulge facts, but I was assigned the most difficult case of my career this week, emotionally and factually. It's the type of case that makes you wonder why you do this work. Whether it makes any difference. You look around and only see the mangled lives of loved ones in the wake of a violent act from both the victim's and defendant's families. 

I'm not seeking sympathy from anyone. I have a job to do and will do it the best I can. I owe that much to the victim. I've always tried to be honest on this blog and let you all in on a the true life of a prosecutor. It's not always easy. It's not always rewarding. The right thing is not always clear. The system is not perfect and neither are the people in it. But I'm trying to be as good as I can and promise to work as hard as I can for the victim. A victim deserves people who will care. And try.

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The House Hunt

So, we're taking the plunge into the marketplace. 2009 brought with it the best buyer's market in history. 2014, not so much. The truth was we weren't in a position to buy a few years ago. We really aren't in a position to do it now, but a quickly expanding family is forcing our hand.

We visited a home tonight that was in need of a major update (that means it's in our price range). The basement was not finished, but the cement floor, hot water tank, furnace, and electric were all new, and necessitated a visit to the lowest level to see it all. I was the first to the basement and noticed a small, walled off section enclosed by a slightly ajar door. 

We've seen enough houses now to know that these rooms will always hold something unique to the homeowner. Maybe it's their woodworking area or where they paint model cars. Something about the dim light seeping through the cracked door in this room said it would be different.

I pulled the door towards me slowly, with my child in my other arm. The first thing I noticed was the mattress on the floor, with blankets and pillows placed neatly on top. Then the walls filled with tie dye posters assaulted my eyes. The centerpiece of the room was the 10 foot by 10 foot flag with "Blunt" spelled on it over a marijuana leaf. Needless to say, Jimi Hendrix and Bob Marley were prominently featured smoking what this room was made an homage to. The lava lamps and black lights completed the feeling that someone was clinging to a college dorm lifestyle. The unique smell of the room didn't make it to the rest of the basement though.

Couples streamed in and out of the open house because the price was terrific in a great school district. When selling a house, it is a bold move to wave the marijuana flag (literally) in such a manner. I can honestly say that this is a first in the dozens of houses we've seen. But it might have worked because most of these houses run together so that they might as well be the same. "The weed house" will always stand out.

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In the Line of Duty

There have been some stark realities recently about what it means to be in law enforcement. 

NYPD Officer Dennis Guerra was killed while running into an apartment building to save lives after the call of a fire, which was set by a 16 year old arsonist.

Officer Guerra left behind four children and a wife after making the ultimate sacrifice. Head over to Huff Post for some incredible pictures of how the NYPD mourns one of their own.

The suspect, Marcell Dockery, is 16 years old, and in New York State that means he will automatically be tried in supreme court. He is currently charged with murder in the second degree.

In North Carolina, the father of an Assistant District Attorney was kidnapped and beaten over the course of four days until the FBI tracked his location and rescued him. Five people were implicated in the kidnapping, including an inmate convicted by the ADA. The inmate apparently smuggled a cell phone into his prison and was able to orchestrate the kidnapping using it.

The murder trial for one suspect accused of killing two prosecutors is in the beginning process of jury selection in Texas.

Even in my own office, there have been two times in the last month when prosecutors have been threatened over the phone. Also, a defendant on trial tried to strike the ADA trying him with his car.

The further I move along in my career as a prosecutor, the more serious the cases become. The more serious and far-reaching the investigation, the more dramatic the consequences for the accused and usually the more violent the targets. It's reality. Most days I don't think about it, but there are definitely times I look over my shoulder a few times when I'm leaving work late at night while I'm on trial with a murder case.

It's no secret that the police and prosecutors follow social media, listen to phone calls, and have other investigative means. My name is mentioned frequently by defendants I'm prosecuting. It's always disconcerting, but there have never been legitimate threats. Usually, it's just jokes to their friends.

It's a reality of choosing to fight for victims in court. Intimidation is one of the biggest problems I face in  persuading witnesses to testify. Unfortunately, it seems to be spreading to the public servants themselves. This isn't to say defense attorneys and judges are immune from the intimidation. There are many cases we investigate where defendants are stalking or harassing their attorneys, or a defendant obtains the cell phone number for a judge somehow and leaves horrible messages. Technology has made intimidation easy and anonymous.

This last month has served as a reminder of the dangers we all face in trying to do the right thing. The intimidation doesn't drive me away. It just strengthens my resolve to find justice. The suspects that have the means and choose to carry out their threats are the ones we need to focus on. Their level of intimidation is pervasive on the streets and will make life better for the citizens who have to put up with it every day.

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My Weakness

We have been interviewing candidates at my office for a few positions. The screening and selection of candidates is interesting as are the truly unbelievable interviews (both good and bad). One of my colleagues always asks for the candidate to explain their perceived weaknesses.

I'm currently on vacation with my family. It was much needed after the brutal Winter and long trial. As I sit here reading and writing while my son naps, I thought of my weakness. I find it difficult to relax. To unwind. To just be in the moment and let the beautiful world overwhelm me.

No matter where I am or what I'm doing I'm always thinking of other projects. I am trying to be better about it, especially while hanging in the sun with my family. Relaxation for me isn't TV. It usually is a good book and a quiet place, or writing stories. But I need to get better at living in the moment.

So now if you will excuse me, sunshine and family are calling my name and there are moments I'm missing. See you next week.

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Never Ask Me How Long the Jury Was Out

I'm just as guilty of it as the next lawyer. We see our colleagues in their office biting their nails or aimlessly looking through files. The lawyer had just finished their closing statements and the court had instructed the jury on the legal charges, sending the jury to perform their sworn duty.

Every few minutes a well-intentioned co-worker pops their head in and asks, "What time did the jury get the case?" or "How long have they been out?"

When asked, I answer quickly and tersely, hoping to cut off further conversation. During my last trial, someone even asked me how I felt about the length of deliberations. My answer, "Worse every minute they are out." The questions are meant to be supportive or to strike up a conversation so that we can discuss the case. But it is the last topic I want to engage in while the jury is deliberating. Talk to me about anything else--sports, the weather, the stock market, a crazy conspiracy theory about the JFK assassination. I'll take anything other than the questions about the length of deliberations or what a note from the jury means.

The jury deliberated for seven hours over two days during my most recent trial. Considering there were two defendants and ten counts in the indictment, that does not seem like a long time. In another recent case in my office, where a 21 year old man admitted to murdering and raping a 13 year old girl and his DNA corroborated this confession, the jury deliberated for nine hours over three days. 

We can all posit theories about why it takes the time it did. I'm sure the defendants wonder why it took such a short time. The truth is we pick persons to serve on juries based on gut reactions and then pray they can play nice with others and reach a decision. We ask twelve strangers to decide the fate of a person and then we question what took them so long?

If I ever serve on a jury, especially in a murder trial, I would spend as much time as it took to make sure the decision was correct. The attorneys who try cases usually understand this much better than the ones who don't. 

We can save the theories about what jury notes mean and why it took the time it did to reach a decision after the case is completely over. There will be plenty of time for war stories then. While the jury is out? Just tell me a funny story.

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