I'm back from trial Brazos County, where Dan Cogdell was kind enough to let me sit second chair with him on this case.
It was an honor to represent Ron Johnson in this case, and it was incredible to get to meet the men who serve in the United States Marines. I can't begin to describe what an incredible group of young people our country has defending the rest of us.
On a personal note, I was also very honored that Dan asked me to sit with him and David "K.F.P." Brown on this case. Although I was always familiar with Dan's excellent reputation as a defense attorney, I never had a case against him.
He (and Brown) were just stellar to watch.
Guys, I was very honored to be part of the Garage Band, and I couldn't be more proud of the results.
An insider's view of what is really happening in the Harris County Criminal Courts
Thursday, March 11, 2010
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One of the types of cases that bothered me tremendously when I was a Prosecutor and continues to bother me as a Defense Attorney is what are...
8 comments:
By all accounts justice was served and you were greatly instrumental in the U.S. Marine's exoneration.
Congratulations on a job well done Murray.
It's sorta like the Dream Team with Murray as the Aggie version of Robert Shapiro (though I'd hire Murray over Shapiro any day).
Good work fellas.
Favorite Dan Cogdell story (may or may not be true) is that many moons ago Dan took a limosine as a fee from a hard luck client and used to drive himself around in it for a time. Not sure if he wore the cap or not.
-Eric M-
Good Job Murr. I think you should blow up that second pic and keep it. It's a good one.
Interesting. If you were still with the DA's office here, what would your perspective have been based on your years there? I see Harris County prosecuting this one fully as well.
Rage
Rage,
You bring up a really interesting point that Cogdell and I discussed a lot -- how this case would have been handled in Harris County.
Although I won't name any names, Ron Johnson had the support of many current and former Harris County ADAs who were stunned that he had been charged with murder.
My personal belief is that had the case happened here in Houston, it would have been referred to the Grand Jury without charges (much like the Joe Horn case) and we would have seen how things had shaken out from there.
The big thing that I think stuck out in everybody's mind (including the jurors') was "why didn't anyone from the Bailey entourage face charges"?.
There was direct testimony and self-admissions of Janson Bailey, Royce Rodriguez, and Meagan Foster kicking Mike Fuller in the face while he was down on the ground and unable to defend himself. There was even testimony of Meagan Foster stomping on his head with stilleto heels while he was on the ground. Additionally, there was testimony that a large male named Matt Griffith also did what was described as a "running upper-cut" on Mike while he was on the ground on his hands and knees.
I think that they would have ended up in front of the grand jury in Harris County just as surely as Ron would have.
What the results would have been from there would have been anybody's guess.
Well, if a DA says "there are no charges filed, we're just seeing what you think of it" that's a pretty certain no-bill, don't you think?
A DA can indict a ham sandwich, but he has to ask that the sandwich be indicted.
Still, although I agree that they all should have been charged, the fact is that losing a bar fight and having to bring out a knife to keep from dying isn't really a defense. Unless you're a soldier, and in a county where the rednecks salute the uniform whether or not the person wearing it should be saluted. Kind of like Black Ink's statement above "... in this U.S. Marine's exoneration." Does it matter that he was a Marine? What if he was a British Marine? What if he wasn't a serviceman at all? Aren't regular Joes entitled to exoneration under these same facts? The fact that he's a marine means nothing. Except maybe that he should have been able to do it without a knife...
Whose idea was it to have his buddies sit behind him in uniform? That's what won the case as much as anything, I bet. (Not discounting anyone's ability as a lawyer, but props work in trial. Ask Kelly Siegler.)
Anyway, representing real people seems to suit you. Congratulations, your transformation is almost complete.
Rage
Rage,
The fact that the defendant was a United States Marine IS relevant.
An individual's educational background, intellectual capacity, life experiences, specialized training, etc. are things that go to mitigation or enhancement of culpability.
You are apparently not familiar with the USMC esprit de corps philosophy:A US Marine's loyalty is to each other, and their primary goal is simple: US Marines keep each other alive and leave no man behind.
A great trial advocate does not settle for the mundane cookie cutter presentations that you advocate; but rather thinks outside the box.
The innovation that comes with abstract thought is difficult for the concrete thinker to grasp or appreciate; as often evidenced by his crab-in-the-bucket defensive posturing and excuse making.
Kelly Siegler is the greatest trial attorney I have ever had the opportunity and privilege to observe in the courtroom.
She not only uses props and courtroom charisma effectively; but her pristine oratory skills also reveal her obsessive preparation on each case she presents.
It's a package deal; not just props that make Siegler such a standout in trial.
In light of your comments on this blog which consistently demonstrate an unsubstantiated bias against prosecutors generally, your Siegler slurs are meaningless.
Damn, talk about having your panties in a wad. All I said was that she used props and they were effective.
You need to get laid or something. Look Xi up. He'll probably take you in.
Rage
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