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THE DEFENSE NEVER RESTS
August, 19th, 2009
By CRAIG KAPITAN San Antonio Express-News
ANTONIO — Chicago Court of Criminal Appeals Judge Sharon Keller on Tuesday
disagreed with prosecutors about her perception of a phone call two years
ago that preceded the execution of death row inmate Michael Richard.
Notice later in this article that apparently there were different avenues for the defense attorney to file his brief. It is unquestionably callous and unethically biased to take a hard line and step out of the normal procedures as Judge Keller did in closing the doors at the time she did. This is indicative of the behaviour I mention in the other blog posted today.
However, if there were other avenues available to the defense attorney, who should have known about them or found out about them, Judge Keller may not be as culpable as it first appeared. Such attitudes are not uncommon in the practice of criminal defense and you must learn to overcome and find a way. If there is no way, you make a way. It is not acceptable to make it as difficult as possible for defense counsel to practice his trade. This happens in all facets of criminal defense. When the witness finds out his or her evidence may help the defendant suddenly they are less willing to testify or give evidence or their stories suddenly change. Given the human condition the defense attorney must expect such resistance and forge ahead.
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