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Criminal

Dec. 22, 2011

Criminal cases that made a splash in 2011

Talk about expecting the unexpected - that was the running theme for this year's most popular criminal cases.

Louis J. Shapiro

Email: LouisJShapiro@Gmail.com

Louis, a former Los Angeles County Public Defender, is a criminal defense attorney and State Bar-certified criminal law specialist out of Century City. He is also a legal analyst, board member of the California Innocence Project and Project For The Innocence at Loyola Law School, CACJ and LACBA'S Criminal Justice Executive Committee.


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Talk about expecting the unexpected. That is the only way to describe the criminal law cases that made a splash in 2011. Let's jump right into it:

Casey Anthony: When everyone thought this case was decided before the trial even began, defense attorney Jose Baez and his team proved to the world otherwise. It was a verdict that shook the country and made waves across the world. This case was a prime example of the media and public setting the burden of proof so high, that the prosecution could not have met it given the evidence. The defense became aware of this and wisely allowed the jurors' expectations of overwhelming evidence to take place. By the time closing arguments came around, the defense was able to leave the jury with far more questions than answers. Trial lawyers will surely study the defense's successful approach for years to come.

Giovanni Ramirez: Despite the overall advancement in technology, misidentification can still happen and criminal defense lawyers need to be on guard. Take the violent beating of Giant's fan Bryan Stowe outside of Dodger Stadium, which shocked the public and pressured authorities to make an arrest. Even though the public feels, and rightfully so, that the true suspect must be apprehended, we must exercise restraint and avoid jumping to conclusions. Forgetting this can turn an innocent man's life upside down. On May 22, Ramirez was taken into custody as the prime suspect in the Stowe beating. Ramirez's lead attorney, Anthony Brooklier, went the distance when it came to holding the eyewitnesses' feet to the fire. He arranged a line-up, and it handsomely paid off for his client.

Brooklier also brought back to life the relevance of a lie detector test. While this test does not usually play a role in the courtroom, Ramirez's test results certainly caught the attention of the Los Angeles Police Department and Los Angeles district attorney's office, paving the way to his salvation.

Dr. Conrad Murray: Everyone anticipated this trial to be a more leveled playing field. There were competing themes of a doctor trying his best to wean off an addicted patient from prescription medication versus a doctor naming his price to keep the patient happy. Once the prosecution presented its case, and witness after witness testified that Propofol should not have been administered, especially in an uncontrolled setting, the defense was doomed. It didn't help the defense when their own witnesses at times sided with the prosecution's witnesses. It begs the question that if Murray had taken the stand, and answered the prosecution's questions (i.e. why didn't he inform the life-saving medical personnel that Propofol had been administered to Michael Jackson), whether the outcome would be different.

Since the guilty verdict, many criminal attorneys have debated over how they would have changed the defense's strategy. At the end of the day, when the "King of Pop" is the decedent, it would be an uphill battle for the finest practitioner to persuade a jury that this was an accident of no one's fault. Certainly the verdict sent a jolt through the medical community, putting doctors on notice that wearing the white coat does not immunize them from criminal prosecution. The next doctor, hopefully, will think twice before using prescription medication in an "off-label" way.

Lindsay Lohan: The entertainment value of this case far outweighed its substantive legal issues. The prosecution accused Lohan of stealing a necklace and was aiming for a felony until Judge Stephanie Sautner courageously reduced the case to a misdemeanor at the preliminary hearing. Given that the value of the necklace was nominal, coupled with the fact that Lohan wouldn't have a motive to steal jewelry in broad daylight, provided the judge with sound reason to do what she did. It was encouraging to see the court give Lohan the benefit of the doubt in the face of pressure by the public and media to teach her a harsh lesson.

After a rocky start, Lohan is on her way to completing the remainder of her community service and making good on her end of the bargain. If anything can be drawn from this soap opera, it's that celebrities can expect the same equal protection under the law as anyone else charged with a criminal offense.

Barry Bonds: He almost hit a home run in his trial, but for one count - obstruction of justice. What really stood out in this case was how far a close friend will go to help another. Greg Anderson, Bond's trainer, was the key witness used to prove that Bonds knew he was being given performance enhancing drugs. After already serving 421 days in jail, Anderson went back into custody for three more weeks for refusing to testify against his friend. Anderson was Bond's unsung hero.

The debate then becomes who emerged as the victor in this battle: Bonds only getting probation or the U.S. attorney's office convicting a seemingly untouchable athlete. Regardless of which position you take, the game of baseball is now on the court's radar, the players know it, and the fans will benefit by being assured they are watching a fair-played ballgame.

Dominique Strauss-Kahn: The head of the International Monetary Fund went from Riker's Island to the front-runner for the President of France in a mere three months. For a criminal defense lawyer, this rape case against Strauss-Kahn is a reminder of how crucial it is to learn about the complaining witness's past for purposes of impeaching her credibility in a pending case. Once it emerged that the complaining witness lied on her asylum application and that she phoned her boyfriend in an Arizona jail to say that, "there is money to made," - well, that was that for the prosecution's case. It's also proof that those jail calls are really being recorded, so be forewarned. Needless to say, Strauss-Kahn will be cautiously distancing himself from hotel staff in his future travels.

Jerry Sandusky: While this case is still in its early stages, 50 counts of anything is nothing to sneeze at, especially when they involve allegations of sexual acts with minors. Already it's clear that Sandusky's lawyer is ready to fight the trials in and out of the courtroom. Whether it has been wise to release his client to the wolves for live interviews is for another discussion. The obvious defense is going to be why it has taken this many years for allegations to surface, why didn't the only non-party percipient witness (Brandon McQueary) go to the authorities when he had the chance to do so, and the allure of the deep-pockets of Penn State to the alleged victims.

#331609


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