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Lots of Lawyers Mad at [Bill] O'Reilly
FoxNews ^ | Thursday, July 25, 2002 | Bill O'Reilly

Posted on 07/25/2002 12:23:41 PM PDT by Michael2001

Edited on 04/22/2004 12:34:15 AM PDT by Jim Robinson. [history]

Well, I've got many American lawyers angry with me, and that is the subject of this evening's Talking Points memo.

Item, Alejandro Avila, the accused killer of 5-year-old Samantha Runnion, was charged with molesting two 9-year-old girls two years ago, went to trial, and was acquitted.


(Excerpt) Read more at foxnews.com ...


TOPICS: Culture/Society; Editorial; News/Current Events
KEYWORDS: alejandroavila; attorneys; billoreilly; fnc; foxnewschannel; justice; lawyers; samantharunnion; theoreillyfactor
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To: jpl
That doesn't change the fact though that almost everyone who comes into court broke the law.

And most plead guilty prior to trial- all of the focus of the critics seems to be on the 10% or less that reach trial. A defense attorney who knew his client was guilty would attempt to set up a plea bargain, since trials usually favor the prosecution. This "crisis" is overblown, IMO. There will always be error in any system run by humans.

81 posted on 07/25/2002 3:38:44 PM PDT by LWalk18
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To: grasshopper
In Illinois, since 1973, 13 innocent people have been freed from death row in the time that 12 were executed.

That would only support your point if only 25 people were on death row, and all convicted criminals (regardless of crime) were sent to death row.

Try again.

82 posted on 07/25/2002 3:39:49 PM PDT by Dog Gone
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To: Michael2001
StoneMountain said: One is innocent until proved guilty. If the system is not able to prove someone is guilty, then he is innocent. No, "if the system is not able to prove someone is guilty, then he is not "innocent," he may simply have escaped punishment (witness O. J.). He may be innocent.

I guess it depends on what you mean by "subversion." In an adversarial system, any lawyer who doesn't use all of the tools at his disposal to defend his client is guilty of malpractice. If a lawyer sees a legal way to advocate for his client, he MUST do so.

Pardon me, but this is precisely the premise which has brought us to where we are today and threatens to undermine the concept of justice well understood by the founding generation when they instituted our constitutional protections. It is the faulty premise promulgated by law schools and the Dershowitz's of the world, and it has nothing to do with doing justice or preserving the principles of our constitution.

It deals more with deception, distortion, and an "anything goes if it gets my client off" attitude, including inciting racial emotions, grasping at procedural straws that have nothing to do with guilt or innocence, and everything to do with putting "notches" on the defense attorney's gun for the greatest number of "wins" (call that "losses" for the society who must have these guilty criminals living in its midst).

83 posted on 07/25/2002 3:41:23 PM PDT by loveliberty
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To: Michael2001
Just as everyone blames politicians when the voters are at fault, everyone blames lawyers when the problem is the jurors.

How could anyone with a room temperature IQ be swayed by the flapping of their lying gums?

84 posted on 07/25/2002 3:42:17 PM PDT by Senator Pardek
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To: All
Unfortunately, that is our legal system: innocent until proven guilty. And since we have a legal system, we have lawyers (judges, ABA) who administer the system, and then those who try to convict or who try to acquit. Anyone who is at least 10 years old knows that most lawyers are pure trash, that they would lie under any circumstances, that they know that their clients are guilty yet try to get them off anyway, etc, etc, etc. In other words, lawyers are scum.

Even the good ones share this guilt to some degree, because they contribute to a system whose main thrust is to produce innocent verdicts for guilty defendants. If I were an attorney, I would practice corporate or real estate law, something that you could hope to be honest about, and that wouldn't result in my guilty client being let loose on the street, just to do more harm to yet another person. The last thing I would be is a trial lawyer. They are rotten, no matter how you try to justify them.

I much prefer the US "trial by jury," vs the European "code law" systems, where 3 judges decide your case, but you have to admit, if lawyers were up against experienced lawyers (judges), not braindead "peers" who can let Johnny Cochran persuade them to let a murderer "get off," they would be less of these travesties of justice. I know this: if the present system continues to decline, with more and more obvious guilty defendants getting innocent or reduced verdicts, the jury trial will be in danger of being lost, and that by a public that will have no choice but to dump it in order to have something that works, whether it is a better replacement or not.....

85 posted on 07/25/2002 3:42:32 PM PDT by Malcolm
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To: Stone Mountain
The defense lawyer's duty is to defend his client to the best of his ability under the law.

I grant that this is what the current standard is, but there are loopholes contained in it. First of all, it "under the law" has come to mean using any tactic legally available to get the client off, regardless of whether the client may actually be guilty or not. The point I was making is that the intent of "every man is entitled to a defense" has been subverted. I don't care what oath an attorney takes. In my view, his "duty" is to justice, not the particulars of a few recited paragraphs penned by whatever committee may have authority over the practice at any given point in time.

So in that respect, I reject the notion that an attorney has a duty to do everything legally permissible to get his client off. He may have the ability, or even the right. But his duty is only to see that his client, be it O.J. or Condit or one of these child murderers, is not convicted unjustly (fabricated evidence, lying witnesses, etc.). You cannot tell me that an attorney's duty is to try and set a guilty man free, though your statement allows for that.

86 posted on 07/25/2002 3:43:38 PM PDT by william clark
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To: loveliberty
grasping at procedural straws

Could you give an example of a "procedural straw?"
87 posted on 07/25/2002 3:44:18 PM PDT by scalia_#1
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To: william clark
I think a lot of jurors look for "reasonable doubt" just so they can feel smarter than the state (as represented by the prosecution).

I had a conversation with a coworker once who said that it would be impossible for any prosecutor to prove a case "beyond a reasonable doubt" to him. I could not come up with a scenario where he would admit that there was not reasonable doubt. I just don't understand some people.

88 posted on 07/25/2002 3:44:24 PM PDT by SWake
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To: Dog Gone
...marijuana cigarettes...

LOL - who are you, Ned Flanders?

89 posted on 07/25/2002 3:44:51 PM PDT by Senator Pardek
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To: parsifal
"BTW- Here's the link. READ IT IF YOU DARE! Then come back and tell us you were wrong. parsy the tease."

Nonetheless parsy, high-powered McDonald attorneys had to jump through hoops and cut side deals in order to purportedly extricate their client from this massive fraud...

Quite frankly the die has been cast my friend and for good reason -- greedy hyper-litigious lawyers are solely responsible for sky-rocketed insurance costs while at the same time having scamming their "fair share" of billions in the name of "liability" at every turn...

And did I mention how they've managed to subvert the law (read ACLU)and the Constitution?

90 posted on 07/25/2002 3:45:28 PM PDT by F16Fighter
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To: Michael2001
Well -- Bill, you sure ain't no lawyer! Go back to hard-copy or what-ever rag-mag TV program you used to peddle.

O'reilly can't even get his arguments right. The law doesn't require that a lawyer not commit an immoral act. But, the code of ethics does require that if you know "for sure" your client is guilty, you must withdraw. In states, you must also, under your duty of candor to the Court, report the client if you know he or she is giving perjurious testimony. And, further, if you assist in a fraud on the Court, you may face charges as well.

Many lawyers do tread the line on these rules. And, frankly, many leap over that line. Of course, O'Reilly makes no allegation that such a situation took place here. He looks at the current case, and has the luxury of hind-sight to go back and assume the facts and evidence were clear and true in that case. Let's be clear, O'Reilly was not on that jury, so he doesn't know what the facts were that the jury was entitled to evaluate. Man, what a baffoon he is.

With respect to his "repugnant" argument, he's even a bigger fool. Of course a lawyer may refuse to accept representation of a case. Frankly, our system of justice is made great by the lawyers who take these horrible cases. If we cannot provide a defense for the unpopular, our basis of law crumbles.

Lawyers also have a duty to zealously represent their clients. They have a duty and obligation to explore every defense. Failing that duty, we have a system that rubber-stamps all who are indicted. As far as confusing the jury goes, the job of counsel is to discredit, where possible, the evidence against a defendant. Counsel's first job is to make sure no evidence is offered that is not accepted under the rules. For instance, while Bill prays at the alter of the lie detector, it is evidence that simply is not admissable. Why, because it is not scientifically sound to pass muster as reliable evidence. That's in every court. While it may be a good investigative tool, and while some experts may use it better than others, it is generally too unreliable to be used in a criminal proceeding where the standard for guilt is beyond a reasonable doubt.

Of course, the federal rules of evidence, established by legal scholars, years of case law, the common law, the constitutional principles, and our elected legislators, could be wrong. Maybe they all should just consult O'Reilly.

With respect to O'Reilly's argument on the 9 year-old girls, he is wrong again. Counsel had an obligation to test the credibility of those witnesses. If they had inconsistent stories, different facts, holes in their memories, or facts that could not stand scrutiny, counsel had an obligation to point out those facts, and to make that argument to a jury. If he had not, the defednat would have had grounds for appeal as his counsel might have supplied him insufficient assistance of counsel. Result, he walks or gets a new trial anyway.

Listen, this guy who kidnapped, raped, and killed this girl should die, if convicted, after a fair trail. And, I join the ranks of millions who would love to see him die if convicted. But I have a bit too much respect for that Constitution O'Reilly references, to deny the man his right to competent counsel, committed to represent him zealously, within the bounds of the law and the code of ethics.

Our freedom is based upon, and our country is made great not by those willing to stand-up for and treat fairly the sympathetic victim, but rather by our willingness, no matter how we feel, to provide those same rights to those we loathe. That's what many lawyers do, and frankly, many do it for far less than one might think. Everyday, in every jurisdiction, public defenders, and local bread & butter attorneys, represent poor and indigent accused, and they do so without glory, fanfare or dollars. There are very few O.J.'s out there. Most accused criminals have little money, less education, and poor support. Their lawyers are paid, if at all, by the State. That's the reality of criminal defense. I don't do it. I, in fact elect not to do it as O'Reilly suggests. But I at least recognize its value to our system, and I am thankful for those who do it. And, I'll put my conservative credentials up there with anyone. Including Bill O'Reilly.

91 posted on 07/25/2002 3:45:34 PM PDT by Iron Eagle
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To: SWake
The problem is that it isn't made clear to the jury that "reasonable doubt" applies only to the collective weight of evidence, not to each and every part of it.
92 posted on 07/25/2002 3:45:44 PM PDT by william clark
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To: william clark
You cannot tell me that an attorney's duty is to try and set a guilty man free, though your statement allows for that.

So, as the attorney in Post #77, you would advise your client to forget about that silly constitutional protection against unreasonable search and seizure, and plead guilty?

93 posted on 07/25/2002 3:48:34 PM PDT by Dog Gone
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To: Senator Pardek
LOL - who are you, Ned Flanders?

Uh oh, I've been busted.

94 posted on 07/25/2002 3:49:31 PM PDT by Dog Gone
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To: Dog Gone
Nice job missing my point.
95 posted on 07/25/2002 3:50:52 PM PDT by william clark
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To: DugwayDuke
Let me pose a hypothetical civil case. Suppose your client is the CEO of a major firm accused of knowingly distributing defective products. You know the opposing side will present a witness who will testify that, while working for the company, saw a memo admiting the defects in the product. Now, you also know this witness has a history of mental disorders that may affect her memory. You also know she is telling the truth. (Yes, you really do know. Remember this is hypothetical.) Do you use this mental history to discredit her testimony? If not, are you guilty of malpractice?

This is a fair question - I should note that I am not a lawyer although I do have friends that are and we often discuss issues like this. Well, the answer is that I don't know for sure but here's my take. I believe the main point is that in your hypothetical, since the lawyer "knows" that his client knowingly distributed defective products, he would not be allowed to present a defense saying that his client did not do so. So I believe that discrediting the testimony of a witness he "knows" to be telling the truth would not be allowed.

Clearly, the key element in this hypothetical is that the lawyer knows unquestionably that his client is guilty of what he is accused of and how he knows this. I don't think this happens in life all that much.

Would any of the real lawyers in this thread care to take a crack at this ?
96 posted on 07/25/2002 3:52:03 PM PDT by Stone Mountain
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To: L.N. Smithee
Why should any of us non-lawyers even worry about alternative systems to protect the occasional innocent when the legal profession, which controls the judiciary and the congress, as well as the union (aka American Bar Association) and all state legislatures, has a system under which they prosper? And a system which is good for major political contributions from its own to its own to insure that nothing is ever changed to the disadvantage of its own. Is it good for the innocent? Maybe. Who knows? Do lawyers make good money? Indeed they do? Your witness, counselor.
97 posted on 07/25/2002 3:52:05 PM PDT by mathurine
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To: F16Fighter
"greedy hyper-litigious lawyers are solely responsible for sky-rocketed insurance costs "

Your "wahoo" is showing! Lawyers can't sue unless something happens. Therefore, malpractice must precede a malpractice suit. A defective product must precede a products liability lawsuit. A crooked CEO must precede a shareholder lawsuit. Lawsuits are not that easy to win. Have a little faith in your fellow Americans who sit on juries. parsy.
98 posted on 07/25/2002 3:52:46 PM PDT by parsifal
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To: william clark
Nice job ducking the question.
99 posted on 07/25/2002 3:54:12 PM PDT by Dog Gone
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To: OBAFGKM
Old West had the solution for perpetrators and lawyers, and the judges seemed to get it.
100 posted on 07/25/2002 3:54:21 PM PDT by mathurine
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