Paul Ezra Rhoades. Executed November 18, 2011 at 9:05a.m.
I met a friend at 7am to drive south of Boise to the Penitentiary to protest this inhumane and despicable process. We arrived at 7:30a. There were sections roped off for the "against" group, and the "for" group. There were 4 supporters of the death penatly out there - how they can even show up baffles my mind....
A large group braved the wind and cold to voice their opposition to the execution, and I'm proud to have been a part of it...
The sadness I experienced is indescribable. I'm glad to have shared this with friends and colleagues, but I hope we never have to do it again.
Paul was scheduled to be injected at 8:07 a.m. At 8:05, with tears already streaming down my face as we waited through what we thought would be the final minutes of Paul's life, we received word that the execution had been delayed (not stayed) as a court action had been filed over night. Several minutes later, thecourt filing was denied, and the execution was rescheduled for approximately 9:05a.m. We stood our ground in the freezing cold (the temperature was dropping, even as the sun was rising) and waited some more...
As 9:05 approached, I could not garner the tears. It seemed anti-climatic due to the delay, which seems really odd to say... maybe almost heartless? But when I saw a gentleman walk towards the leader of "Idahoans Against the Death Penalty," whisper in her ear, and then a simple nod... I knew it was over. She announced that Paul had been pronounced dead, and the flood of tears began. Many of us hugged, while others stood frozen in silence. A few snowflakes fell as the sun peeked out from the clouds.
Minutes later we just walked away. Something Paul will never do...
I pray to God this doesn't open the gates in Idaho for more executions. I pray for the family of the victims; I pray for Paul and his family; and I pray for the employees at the Idaho Department of Corrections who were charged with taking away this man's life. I fear they had no idea what they were getting into....
This is a very sad day in Idaho; Very tragic.
Friday, November 18, 2011
Wednesday, August 24, 2011
The West Memphis 3 - Update on their release and the Alford Plea
I am ecstatic to know that Damien, Jason and Jessie are free, but definitely disheartened by the means it took to obtain their freedom. I whole-heartedly believe they are innocent and should be able to live the rest of their lives free of the stigma of which they have unjustedly been tagged.
This blog sums up the whole process nicely: http://criminalprofiling3.s-deal-misunderstanding-alford.html
This blog sums up the whole process nicely: http://criminalprofiling3.
Tip #1: Do not insult the Judge
But, if you must insult him, do not do it publicly!
It is a rare day that passes when I'm not complaining about a Judge's ruling to a colleague, but you will never, ever see me put it in writing and file it with the very Court about which I'm complaining. Yesterday, I had the privilege of sitting in on a hearing where counsel had asked the Court for permission to withdraw from a case. The criminal rules provide that an attorney can only withdraw from a case on approval of the Court who must find good cause for the withdrawal. The purpose behind this rule is so that (1) a defendant cannot just hire and fire counsel in order to prolong a case, and (2) the State or the Court is not hampered by the constant changing of counsel. A rule that makes sense.
In this particular case, counsel was less than happy about a ruling the Court made on a Motion to Suppress Evidence. Due to his unhappiness, counsel felt he could no longer proceed in front of the Judge. Well, wait, maybe I should just let his motion speak for itself:
"The Court's errors in this case were so inexplicable and so great in number that Counsel has formed the belief that this Court is
(a) lazy;
(b) incompetent;
(c) biased;
(d) prejudiced; or
(d) all or some of the above.
With all due respect, Counsel simply cannot escape this belief....It just so happens that this Court made up facts to the advantage of his former employer, the Boise City Prosecutor's Office. Therefore, this Court is either biased toward them; prejudiced against Counsel, too lazy to actually listen to the recording of the relevant interview, or too incompetent to reach the correct conclusion from the facts. Therefore, Counsel lacks faith in this Court's ability to objectively and competently serve as a fact-finder in this case."
I was impressed with the Judge who handled the situation with grace and dignity. He walked Counsel through the four reasons listed as reasons to withdraw, and carefully proved why not a single one was good cause for Counsel to withdraw. My favorite part was when the Judge asked Counsel about the qualifications that gave him the experience to determine that the Court was incompetent. Counsel admitted on the record that he's only been an attorney for 4 years and has never handled a jury trial, and that the Judge had probably practiced for longer than Counsel had been alive.
Suffice it to say, counsel was served with Contempt at the end of the hearing after being given several opportunities to apologize and explain that the motion was written in the heat of the moment (though I'm not sure that is actually true since in the very first line of the motion, counsel noted, "Prior to writing this Memorandum, Counsel drafter a 15-page intense, scathing rebuke." I'm afraid to see what that one said.).
Though I laugh at this behavior, I also shake my head in confusion and disgust. It's lawyers like he who give us a bad reputation and I certainly do not appreciate that!
It is a rare day that passes when I'm not complaining about a Judge's ruling to a colleague, but you will never, ever see me put it in writing and file it with the very Court about which I'm complaining. Yesterday, I had the privilege of sitting in on a hearing where counsel had asked the Court for permission to withdraw from a case. The criminal rules provide that an attorney can only withdraw from a case on approval of the Court who must find good cause for the withdrawal. The purpose behind this rule is so that (1) a defendant cannot just hire and fire counsel in order to prolong a case, and (2) the State or the Court is not hampered by the constant changing of counsel. A rule that makes sense.
In this particular case, counsel was less than happy about a ruling the Court made on a Motion to Suppress Evidence. Due to his unhappiness, counsel felt he could no longer proceed in front of the Judge. Well, wait, maybe I should just let his motion speak for itself:
"The Court's errors in this case were so inexplicable and so great in number that Counsel has formed the belief that this Court is
(a) lazy;
(b) incompetent;
(c) biased;
(d) prejudiced; or
(d) all or some of the above.
With all due respect, Counsel simply cannot escape this belief....It just so happens that this Court made up facts to the advantage of his former employer, the Boise City Prosecutor's Office. Therefore, this Court is either biased toward them; prejudiced against Counsel, too lazy to actually listen to the recording of the relevant interview, or too incompetent to reach the correct conclusion from the facts. Therefore, Counsel lacks faith in this Court's ability to objectively and competently serve as a fact-finder in this case."
I was impressed with the Judge who handled the situation with grace and dignity. He walked Counsel through the four reasons listed as reasons to withdraw, and carefully proved why not a single one was good cause for Counsel to withdraw. My favorite part was when the Judge asked Counsel about the qualifications that gave him the experience to determine that the Court was incompetent. Counsel admitted on the record that he's only been an attorney for 4 years and has never handled a jury trial, and that the Judge had probably practiced for longer than Counsel had been alive.
Suffice it to say, counsel was served with Contempt at the end of the hearing after being given several opportunities to apologize and explain that the motion was written in the heat of the moment (though I'm not sure that is actually true since in the very first line of the motion, counsel noted, "Prior to writing this Memorandum, Counsel drafter a 15-page intense, scathing rebuke." I'm afraid to see what that one said.).
Though I laugh at this behavior, I also shake my head in confusion and disgust. It's lawyers like he who give us a bad reputation and I certainly do not appreciate that!
Thursday, August 18, 2011
The West Memphis Three to be released!!!
A day I will never forget. I really wish I could be there!!!!!
http://www.wreg.com/news/wreg-west-memphis-3-freed,0,5347577.story
http://www.wreg.com/news/wreg-west-memphis-3-freed,0,5347577.story
What a great day!
From a co-worker today:
"When I see something good I like to tell people. I've worked with many attorneys over 33 years. I've watched you with many clients and you have an excellent manner of handling the clients concerns and making them feel very relaxed. You never shut them down or cut them off like I see others do. This is a great gift, I only wish you could teach it to others, who unfortunately have an opposite approach---which never works. Of course being good looking helps also with the guys."
I think the last line is funny!
The Simple Joys
COMMUTED!
There is no greater joy when you discover that the Judge "gets it." As a defense attorney, I usually feel like I'm talking to a wall when defending my client and arguing on his behalf, trying to point out all the good things about him. We get to know our clients on many different levels and usually will have a better grasp on what they are capable of then anyone else. The State will always view your client with a label: Thief, Burglar, wife-beater, sex-offender, etc. They rarely see your client for who they really are. Many times, the Judge will lean in favor of the State because they just can't see your client as you do.
This morning, during a sentencing hearing, the State was asking for imposition of sentence - 5 years prison. My client, who was 4 1/2 years into a 5 year probation, certainly didn't deserve that. Though I think the Judge may have been on the same page as me before the hearing, I'd like to think that my comments encouraged him to commute the sentence rather than just reinstate him on probation for 6 more months (he had already indicated he probably wasn't going to send him to prison). The Judge not only saw my client for who he was, but he realized that the crime for which my client was on probation had absolutely nothing to do with the rules he violated (one included hanging out with his Fiance, who is NOT a felon, or ever been known to be a bad influence). In fact, he has been a completely law-abiding citizen since being placed on probation. The purpose of the conviction and probation was to punish, deter and protect society. The Judge, in his wisdom, noted that all of those have been fulfilled. No better reason to commute his sentence, right?
These are the days I love in my life as a Criminal Defense Attorney. This is what, I like to say, defines me.
There is no greater joy when you discover that the Judge "gets it." As a defense attorney, I usually feel like I'm talking to a wall when defending my client and arguing on his behalf, trying to point out all the good things about him. We get to know our clients on many different levels and usually will have a better grasp on what they are capable of then anyone else. The State will always view your client with a label: Thief, Burglar, wife-beater, sex-offender, etc. They rarely see your client for who they really are. Many times, the Judge will lean in favor of the State because they just can't see your client as you do.
This morning, during a sentencing hearing, the State was asking for imposition of sentence - 5 years prison. My client, who was 4 1/2 years into a 5 year probation, certainly didn't deserve that. Though I think the Judge may have been on the same page as me before the hearing, I'd like to think that my comments encouraged him to commute the sentence rather than just reinstate him on probation for 6 more months (he had already indicated he probably wasn't going to send him to prison). The Judge not only saw my client for who he was, but he realized that the crime for which my client was on probation had absolutely nothing to do with the rules he violated (one included hanging out with his Fiance, who is NOT a felon, or ever been known to be a bad influence). In fact, he has been a completely law-abiding citizen since being placed on probation. The purpose of the conviction and probation was to punish, deter and protect society. The Judge, in his wisdom, noted that all of those have been fulfilled. No better reason to commute his sentence, right?
These are the days I love in my life as a Criminal Defense Attorney. This is what, I like to say, defines me.
Wednesday, August 17, 2011
I want a "Real" Lawyer
Ah, my favorite request during my first days as a public defender. It seems like it was yesterday, but several years have passed and nothing has really changed. Well, except for the fact that I no longer am offended by the remark, rather I feel content to remove another case from my caseload. Ha!
This job is hard. "How can you defend someone who is guilty?"
But, I love my job. "I defend his constitutional rights, not his crime. If that guy isn't afforded his constitutional rights, then you don't have any either."
I am very excited about this blog. I hope to come up with new and interesting topics that will at least entertain a few people. But I also hope to provide some insight into my world and how the criminal justice system actually works. I mean, there are several people who like to think they know the "system" and the law.... Not a day goes by when I don't hear: "Well, my cellmate told me....." Ahhhh, your cellmate who is so smart to have landed himself in jail? Take it from me, at least I'm on the outside, working for my money - we don't even have to consider the 3 years of Law School, 4 years of College and the 2 bar exams I passed. Seriously, they don't mean a thing. :-)
I certainly don't know everything and I learn new things every single day. My 8 years of experience should count for something and I hope to enlighten you. Enjoy!
This job is hard. "How can you defend someone who is guilty?"
But, I love my job. "I defend his constitutional rights, not his crime. If that guy isn't afforded his constitutional rights, then you don't have any either."
I am very excited about this blog. I hope to come up with new and interesting topics that will at least entertain a few people. But I also hope to provide some insight into my world and how the criminal justice system actually works. I mean, there are several people who like to think they know the "system" and the law.... Not a day goes by when I don't hear: "Well, my cellmate told me....." Ahhhh, your cellmate who is so smart to have landed himself in jail? Take it from me, at least I'm on the outside, working for my money - we don't even have to consider the 3 years of Law School, 4 years of College and the 2 bar exams I passed. Seriously, they don't mean a thing. :-)
I certainly don't know everything and I learn new things every single day. My 8 years of experience should count for something and I hope to enlighten you. Enjoy!
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