The Senate votes on Wednesday to convict or acquit Donald Trump after no trial occurred. How can someone be acquitted if there was never a trial? In a real court room instead of a fake political proceeding, witnesses are called to testify under oath before a jury can convict or acquit a defendant. The impeachment trial left all semblance of a trial at home. In a recent The Hill article, I wrote: Please Don't Call the Impeachment Proceeding a Trial; It's Charade. As a trial lawyer, I am appalled at what occurred in the Senate chamber masquerading as s trial. It demeans the term justice to think that what occurred in the impeachment proceeding was anything but a sham. As a trial attorney and former prosecutor, I’ve tried over hundreds of cases. The essence of a trial is to seek justice and search for the truth. I often tell jurors that it’s a fact-finding mission with a juror’s role to determine the facts of the case. As I watched the impeachment trial unfold, I saw little … [Read more...] about The Impeachment Charade Trial
LegalSpeaks Blog
Senator Doug Jones, a Fellow Trial Lawyer, Speaks Truth to Power
The day of the vote to convict or acquit Donald Trump over two articles of impeachment, I watched Alabama Senator Doug Jones deliver his reasons for conviction. As I sat watching Senator Doug Jones give his statement on why he will vote to convict Donald Trump, I felt emotionally moved. He articulated the courage of morals and country over president. He convincingly made the statement that there is only right versus wrong. And right should always prevail over wrong. He cited his upbringing in Alabama as one of the reasons why he must stand with truth and justice over lies and injustice. He stated that: “Doing right is not a courageous act. It is simply following your oath.” “Our country deserves better than this” president. As a trial lawyer like Mr. Jones, he laid out the case for why both articles of impeachment should result in a conviction vote. Just as we do in court rooms to juries, he stated that folks should not leave their common sense at home. In this impeachment … [Read more...] about Senator Doug Jones, a Fellow Trial Lawyer, Speaks Truth to Power
Rodney Reed and Why We Must End the Death Penalty
Rodney Reed sits on death row in a Texas prison while awaiting his execution. His execution is slated for November 20. In 1996, a jury convicted Reed of rape and murder of Stacy Stites, a woman whom he claims he had a consensual relationship. Doubts about his guilt have surfaced with many celebrities joining in his cause, including Kim Kardashian, Rihanna, Dr. Phil and others. The victim was the fiancé of former police officer, Jimmy Fennel. Fennel was suspected of the murder after he failed 2 police administered lie detector tests. But DNA evidence helped to convict Reed whom he admits to having a consensual affair with Fennel’s fiancé, the victim. Since Reed’s conviction Fennel confessed in 2010 while in jail to inmate Arthur Snow; a cousin agreed that Stites and Reed were romantically involved; and, an insurance agent also supported the theory that Fennell killed Stites. Reed’s attorneys, The Innocence Project, filed a petition for clemency to the Board of Pardons and Parole. … [Read more...] about Rodney Reed and Why We Must End the Death Penalty
Lori Loughlin Didn’t Get the Memo
https://vimeo.com/329391830 On November 20, Lori Loughlin and her husband Mossini Giannulli will be arraigned on new bribery charges stemming from the college admission scandals case. With the new charges, Loughlin and her husband face a maximum of 50 years in jail. Lori Loughlin, her husband, Felicity Huffman and approximately 50 other wealthy parents were charged with crimes relating to payments made to obtain admission to various colleges for their children. The college admissions scheme scandal case is the largest in U.S. history. Loughlin and her husband are alleged to have paid $500,000 to Rick Singer and bribed University of Southern California officials to obtain admission for their two daughters to USC. They went to elaborate lengths to pass them off as athletic crew members—posing in front of rowing machines, despite having no athletic abilities Felicity Huffman accepted responsibility for her wrongdoing and was sentenced to 14 days in jail for paying $15,000 to … [Read more...] about Lori Loughlin Didn’t Get the Memo
Why Amber Guyger’s Appeal Success is Unlikely
Former police officer Amber Guyger intends to possibly file an appeal of her murder conviction resulting in a 10- year prison term. She filed a notice of appeal. A notice of appeal must be timely filed within 30 days of a final court order to preserve a defendant’s right to appeal. A notice of appeal does not mean that a defendant will file an appeal. It only provides notice to the court that an appeal is being contemplated to be filed. An appeal is successful when it determines prejudicial legal errors made by the trial judge’s rulings which likely resulted in the defendant’s conviction. Guyger’s own attorney made strategic mistakes that likely resulted in her conviction. And no, a defense attorney cannot appeal his/her mistakes. If Guyger had not testified that she intended to kill Botham Jean, a jury may not have likely convicted her of murder. The crime of murder requires an element of an intent to kill. Through her own testimony on direct examination by her attorney, she … [Read more...] about Why Amber Guyger’s Appeal Success is Unlikely
Florida Judge Temporarily Halts Voter Disenfranchisement Law
Last week, a Florida judge handed down a preliminary injunction to place on hold a law that placed financial restrictions on felons before they could be restored their right to vote. In November 2018, Florida voters overwhelmingly passed by constitutional amendment the right to restore voting rights to all formerly incarcerated felons once they complete their terms of their sentence. 65% of Florida voters approved of the ballot referendum, known as Amendment 4. The amendment did not apply to those convicted of murder or sexual offenses. The amendment would have allowed over 1 million new voters to the Florida rolls. Before the amendment could fully take place as intended, the GOP took other restrictive measures. Restoring the right to vote to convicted released felons, apparently didn’t sit well with the Florida GOP. To counter what Florida voters intended, the majority GOP legislature put restrictions on felons’ right to register to vote. The legislature voted to require that … [Read more...] about Florida Judge Temporarily Halts Voter Disenfranchisement Law