Solace in Defeat

There was no rejoicing in my last battle. I feel compelled to share not only my victories, but also my defeats. My client was looking at life for his third drug conviction in federal district court. 

The agents found no drugs in the search of his boat and the only evidence they had tying him to a conspiracy was snitches trying to get a cooperation credit.  He had confessed because of threats made by the agents to take away his children, deport his girlfriend and arrest his friend.  He later pled guilty to avoid the AUSA from getting his previous drug convictions and enhancing him. 

Ultimately, he withdrew his plea once he learned that one of the agents was being sued for rape by a confidential informant - a young lady tied up in the drug industry.  My client had revealed the name of a young lady that was tied up with the drug industry during his proffer in an attempt to get her help.  He was rightfully scared what might happen to her; she later was found dead due to a heroin overdose.  He felt compelled to do the right thing and testify to everything that had happened.  

There was really no other way to try and save him. No matter what happened, if he was convicted of the drug count he gets life. Showing everything may, we hoped, cause one juror not to believe that he was dealing drugs. That may be impossible but all we had. 

On day 6 my client testified and it was great. The highlight was when he testified that the lead agent asked him if he was "f**king a girl" involved with the case. One of the female jurors gasped and started glaring at the prosecutors table. The lead agent was sitting right there. 

I thought closing went well. The one juror who gasped was following my every word. She was the one with whom all hope rested. We never thought we would win but we're hoping that one of the twelve would hold out. After two days of deliberations and over 8 hours, they returned with guilty verdicts. It was an uphill battle but we gave it all we could. We left it all in the courtroom with no regrets. It was a tough defeat but I am glad I stood up for my client and gave him the fighting chance he wanted.