John Cleary calls BS – when cops lie

Cleary says that cops have committed perjury.  He feels pretty strong about this.  We have all had cases where we know the cops lied.  But, to take a line from the state attorneys, proving it is another matter.  Apparently, John has enough proof to start an IA complaint. But where is the Palm Beach county state attorney’s office? They can neither confirm nor deny anything.

How often are you able to actually prove that cops lied?  Sometimes, there is video.  That can be very satisfying.  But, what about all the other times?  Innocent people get convicted.  Or, maybe they are not so innocent, but get convicted on illegal evidence.  That burns me up.

I suppose the thought process is something like this:  Well, we don’t have enough evidence to convict him on this, so we’ll just make some crap up.  We know he’s guilty.  We know he’s done other things that we can’t prove. So, let’s just lie to get the scumbag off the street.  The ends justify the means.

That’s why the exclusionary rule is so important.  To deter police misconduct.  However, it still will not deter some cops.  Why?  Because there’s no teeth unless it’s enforced.  It starts with judges having the fortitude to grant a motion to suppress.  Especially when they see perjury.  The public will have more faith in the system if they see bad cops get spanked when they lie.

In addition to suppressing the evidence, what is just when cops lie?  At a minimum, suspension, having to pay the “scumbag’s” attorney’s fees and costs, and writing a letter of apology.  Maybe even getting fired.

But, apparently, when cops lie in Palm Beach county, nothing happens.  And nobody cares.

Posted in Cops lie, Perjury

Burnout

How are you doing?  ”Busy.”  That’s the typical response I hear from lawyers.   Sometimes it’s actually true.  Why do we work so hard? To make money.  People in America worship money.  I am fan of making money, but not at the expense of everything else in life.  What does it profit a man if he gains the whole world, but lose his own soul?   It’s like we’re a bunch of donkeys chasing a carrot that can never be caught.  Got to get a bigger house, got to get a new car, got to keep up with the Joneses.

And all that chasing money leads to burnout.  I’ve been practicing law now for a little over 10 years.  Just hit my first burnout stage.  I didn’t realize it right away.  It crept up on me.  Like a frog in hot water over time on it’s way to a rolling boil.  I was stressed.  Couldn’t sleep.  Can’t stop thinking about cases – when I should be present for my family. One of the things that led up to it was when I went into court and the smell was awful.  It was the crowd of people in court.  Sometimes the smell is bad, but is was particularly bad this day. Pressure.

Not getting things done because there are not enough hours in the day.  If I worked 12 hour days, maybe I’d get it all done.  But then my family would suffer.  On the other hand, if I go home at 5, the clients suffer.

But it’s not just about making money.  I take my career very seriously.  People’s lives are in my hands.  I worry about them.  I care about them.  What happens to them.  I see more of the person they really are than the prosecutor or judge does.  I get to know them.  Their family, their likes/dislikes, what they do for fun, redeeming qualities.  But what if I can’t communicate that the to the prosecutor (for a plea) judge (for a plea to the court) or the jury?  What if it falls on deaf ears?  What if the client gets convicted and goes to prison?  How will that affect not only him but his family, his kids, his wife, etc?

Especially if the person is innocent, that is real pressure.  Sometimes too much.  And I get burnout.

Thursday I woke up and just decided to take the day off.  I needed to.  Then I got more sleep.  That helped a bit.  I see lawyers who have been doing this for 30 years and do it because “it’s better than digging a ditch.”  I don’t want to have that mentality with my career or when handling client’s freedom.  There has to be a balance between making money and everything else.  I think I’m going to take a few days off and think about that.  And that will be tough because after a week on vacation, I can’t wait to get back to work.

Posted in criminal lawyers

Krista Marx considering run for State Attorney

The post confirms what I heard last week:  Krista Marx may enter the state attorney’s race.

Posted in criminal lawyers

Greg Keyser appointed to circuit court

Gov. Scott appointed Greg Keyser to circuit court yesterday according to the Post.  He takes over Karen Martin’s old spot.

Judge Gregory Keyser, a veteran attorney and Palm Beach County Court judge since 2011, has been appointed to the Fifteenth Judicial Circuit Court.

Gov. Rick Scott made the appointment yesterday. Keyser, of Boca Raton, fill the vacancy created when Judge Karen L. Martin retired.

“Since serving on the county bench, Judge Keyser has gained invaluable insight into the patience and fairness needed in the judicial process,” Gov. Scott said in a written statement issued Wednesday. “His previous 30 years of practicing law have given him a good understanding of the issues facing the people of the Fifteenth Circuit.”

Keyser received a bachelor’s degree from Duke University and a law degree from the University of Florida.

Posted in criminal lawyers