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Jeanne O'Halleran Law

Mistrial in Murder Case Because of Atty Incompetance

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A judge recently declared a mistrial in a murder case because of the defense attorney's incompetance. He had never tried a case before!!! UNBELIEVABLE! A waste of limited state resources, and possibly someone getting away with murder, if the State decides it doesn't want to do another trial.

 

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Link doesnt work. Must be log in site at the ABA?

 

There might be a log-in. I just go directly from the newsletter I get. Here's the text of the article from the ABA website:

 

 

‘Astonished’ Judge Declares Murder Mistrial Due to Defense Lawyer Who Never Tried a Case

Posted Apr 4, 2011 6:00 AM CDT

By Debra Cassens Weiss

 

A Washington, D.C., judge declared a mistrial in a murder case Friday, saying he was “astonished” at the performance of the defense lawyer who confessed to jurors he’d never tried a case before.

 

Judge William Jackson said lawyer Joseph Rakofsky did not have a good grasp of legal procedures, citing as an example the attorney’s rambling opening statement in which he told of his inexperience, the Washington Post reports. Rakofsky graduated from Touro law school in 2009 and obtained a law license in New Jersey less than a year ago, the story says.

 

Rakofsky had repeated disagreements with his local D.C. counsel, causing his client, Dontrell Deaner, to become “visibly frustrated,” the Post says. On Friday, Deaner told the judge he wanted a new lawyer.

 

The judge declared a mistrial after reviewing a court filing in which an investigator had claimed Rakofsky fired him for refusing to carry out the lawyer's emailed suggestion to "trick" a witness, the story says. Rakofsky's suggestion allegedly read: “Thank you for your help. Please trick the old lady to say that she did not see the shooting or provide information to the lawyers about the shooting.”

 

Afterward, Rakofsky refused to comment and rushed out of the courthouse, the story says.

 

 

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Afterward, Rakofsky refused to comment and rushed out of the courthouse, the story says.

 

They left out the part about "tail between his legs"...

:ninja:

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There might be a log-in. I just go directly from the newsletter I get. Here's the text of the article from the ABA website:

 

 

'Astonished' Judge Declares Murder Mistrial Due to Defense Lawyer Who Never Tried a Case

Posted Apr 4, 2011 6:00 AM CDT

By Debra Cassens Weiss

 

A Washington, D.C., judge declared a mistrial in a murder case Friday, saying he was "astonished" at the performance of the defense lawyer who confessed to jurors he'd never tried a case before.

 

Judge William Jackson said lawyer Joseph Rakofsky did not have a good grasp of legal procedures, citing as an example the attorney's rambling opening statement in which he told of his inexperience, the Washington Post reports. Rakofsky graduated from Touro law school in 2009 and obtained a law license in New Jersey less than a year ago, the story says.

 

Rakofsky had repeated disagreements with his local D.C. counsel, causing his client, Dontrell Deaner, to become "visibly frustrated," the Post says. On Friday, Deaner told the judge he wanted a new lawyer.

 

The judge declared a mistrial after reviewing a court filing in which an investigator had claimed Rakofsky fired him for refusing to carry out the lawyer's emailed suggestion to "trick" a witness, the story says. Rakofsky's suggestion allegedly read: "Thank you for your help. Please trick the old lady to say that she did not see the shooting or provide information to the lawyers about the shooting."

 

Afterward, Rakofsky refused to comment and rushed out of the courthouse, the story says.

 

 

 

Link:

 

http://www.abajournal.com/news/article/astonished_judge_declares_murder_mistrial_cites_inexperienced_lawyer_who_ne/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

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