Friday, February 29, 2008

Objection!

My town is playing host to a rather sensational murder trial, and I've been following it in the news. It's hard not to. And, as I read yet another article about the attorneys arguing the technicalities, I'm reminded of why I left the courtroom behind.

As a student lawyer, I had my own chance to work on a sensational case. It was a last ditch appeal for clemency prior to execution. The defendant had gone on a killing spree when he was just shy of his 16th birthday, and was convicted and sentenced to death in a trial that featured mental illness, drugs, and devil worship. After 15 years of appeals, it was down to a matter of days. This was it.

As a matter of law, the original trial transcripts provided more than enough ammunition for a clemency argument. The public defender (amazingly) didn't vigorously pursue an insanity plea due to lack of adequate funds for psychiatric evaluation. The judge's jury instructions regarding the weight to be given to the defendant's age at the time that the crimes were committed were fatally flawed. These were legal arguments rooted in the failures of the justice system, and they were the type of arguments that formed the basis of my own opposition to the death penalty. The issues were valid, and I was completely comfortable arguing them.

However, I was not even remotely comfortable arguing the merits of the man himself. During his 15 years on death row, the defendant had become a Christian and started a thriving prison ministry. How nice. The attorneys arguing for clemency chose to focus on this angle to the practical exclusion of all else. In essence, they were trying to turn the murderer into a hero.

Before I had even met the defendant, I had problems with this approach. First, it completely ignored the shortcomings of the original trial. Second, well, it glossed over an ugly truth. In my Bible Belt state, the conversion to Christianity might be given favorable consideration that would never be given to a big black man who became a devout member of the Nation of Islam. It's unfair as hell, but I knew that it was the truth. That made me squirm.

After spending some time with the defendant, I was even more uncomfortable with his cannonization. It was all bullshit. The man was a sociopath, pure and simple. A murderer who had blown people away with a shotgun to see what it felt like. No other reason. Sociopaths don't "get better," and they damned sure don't become saints.

I shouldn't have cared. A good attorney argues whatever will benefit her client; this is not a philosophical exercise. But, I did care. And, I recognized that I always would.

So, I left the courtroom and never looked back.

14 comments:

MomOf3 said...

That would shake me to the core. Yikes. What was his fate?

Karen said...

Brilliant. And the people who can disassociate from reality with their judicious reasoning? We don't just call them attorneys. We call them sociopaths.

Now bah, back to work!

skiplovey said...

Good choice. I came to realize with the legal system it's not what is right or just but what is legal. Which can be a little hard to comprehend sometimes.

Killlashandra said...

I'm glad you cared. What a terrible situation to be stuck in and sweating the ethics and morality of the situation all the time would have made me walk away too. Being a lawyer certainly does take a certain breed of person.

Melissa Markham said...

I also contemplated being a lawyer at one time, but the same kinds of issues gave me pause as well.

boogiemum said...

Wow, that had to be so difficult. It takes a strong person to do what you did.

Jenny Live & in Color said...

If he truly became a Christian, then he should have no problem receiving the punishment for his horrible crimes. He should also be grateful for the express train to heaven.

Sociopaths feel no remorse, so repentance would really be a miracle. Since they are such perfect con men, it would be so hard to tell, except by instinct. Sounds like you "saw" right through his game. I sure hope he was not set free.

Mama Zen said...

The attorneys that represented this guy were committed anti-death penalty activists who had given up lucrative careers to do death penalty appeals exclusively. They taught me that to represent a client well, you must be fighting for that client (not an abstraction) with every tool in the arsenal within the bounds of the Code of Professional Responsibility.

When I realized that that left more moral gray area than I could grapple with, frankly, it broke my heart.

The convicted murderer was executed via lethal injection.

Corey~living and loving said...

wow....oh my yes....I wouldn't be able to do it either.

great post.
have a good weekend.

jenn said...

I would have done the same thing.

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bella said...

wow.
I really enjoyed getting to see this side of you.
and what excellent writing.
Your words ring so true to me and this gave me chills.
we each walk our own path. I'm happy you could see yours so clearly, what it was and was not.

LunaNik said...

Good for you. I would have done the same thing.

Jen said...

Whoa, no kidding. It's unfortunate that things aren't more black and white in both real life and the law.

Mama Zen said...

I'm really grateful that I discovered that I was on the wrong path before it was too late, so to speak. Still, the death of idealism is damned painful, and I took it pretty hard.