Thursday, May 26, 2011

Best Utah Criminal Defense Lawyers Comment on Current Legal News

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So much to say, so few readers who care.

MITCHELL GETS LIFE IN PRISON: No surprises with the life sentence for kidnapping Elizabeth Smart nearly 9 years ago, but the issue on my mind is the criticism of his defense attorneys for doing their job. I’ve tired of people asking me how I can represent people who I know are guilty, because they never listen to my answer: I am defending the Constitution of the United States and the Constitution of Utah and rule of law. So, when the Federal Defenders assigned to represent Brian David Mitchell objected to his private, confidential pre-sentencing report, as is their sworn duty, the information got leaked to the press, who made a huge deal out of the objection: that Ms. Smart is not “permanently” severely emotionally damaged, therefore, Mitchell should be eligible for a lesser sentence.

Without going into great detail on this, two main points need to be addressed:

1. Leaking confidential information (of course it was someone with the government, either at the US Attorney’s office or a court employee) is criminal, is an obstruction of justice, is unethical and just plain wrong. If Assange is a bad guy for leaking information, somebody here is just as wrong.
2. If the defense attorneys fail to put on every possible defense at sentencing, then Mitchell has years of appeals on this very issue, notwithstanding his guilt or his deserving of punishment. They did their job right, with fidelity, so that Ms. Smart can get on with her life and justice can be completed. The Federal Defenders deserve our gratitude for finishing this case.

JOHN EDWARDS TO FACE CRIMINAL CHARGES. It seems that when a guy cheats on his cancer-stricken wife, he’s either charged with some crime or runs for President. I lost all respect for Edwards long ago, and if he directed the use of campaign money to cover up his affair, he needs to be held accountable.

TUCSON SHOOTER RULED INCOMPETENT TO STAND TRIAL. Firstly, I refer to the Brian David Mitchell story, above. Mitchell was ruled incompetent for years by State courts, but the Federal system has a different standard, the prosecutors utilized the testimony of lay witnesses to show Mitchell’s delusional behavior was a show for the cameras, but not the way he acted otherwise, and got past this issue. The Feds can also force-medicate a defendant to cause them to become competent, so the murderer of 6 who left a congresswoman brain-damaged and a dozen others hurt, will eventually face justice.

IMF DIRECTOR INDICTED FOR SEXUAL ASSUALT. His defense attorneys need to decide on a defense: originally, supporters of disgraced former international banker Dominique Strauss-Kahn alleged he had checked out of the hotel hours earlier and was already at the airport when the assault occurred. Now, they appear to be alleging that there was sexual contact, but it was “consensual.” Almost as bad as:

CASEY ANTHONY MURDER TRIAL in Florida, where she stands accused of killing her own little girl so she could party like a single gal. The defense opened this case by alleging that (a) the toddler drowned in her grandparents’ swimming pool accidentally, and Casey and her father colluded to dispose of the body, and (b) Casey is a screwed up woman because her dad molested her as a child. I see a death penalty result in this case.

DEBRA BROWN INNOCENT VERDICT APPEALED BY ATTORNEY GENERAL MARK SHURTLEFF. You might recall that I offered to lay off the criticism of my old law-school classmate, “Market-Myself” Mark Shurtleff, as he is undergoing some difficult and painful chemotherapy for prostate cancer. I would really, really like to not be critical of the man while he’s suffering, but the self-promoting alleged top cop of Utah can’t resist the TV cameras about anything, and he pissed backwards on his promise that he would NOT appeal the ruling that set this woman free after 17 years of imprisonment, for a crime that she could not have possibly committed. Some have opined that the real reason is that the state is on the hook for about a half million dollars in reparation payments to Brown for her wrongful incarceration. But the AG appeals everything, and has no scruples, no morals and no sense of justice. He’s a windbag politician of the worst variety.

And a punk.

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