My last day in court.

sigp220.45

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I retired from the FBI in 2016, with 25 years in the bag. All of my cases but one had been resolved.

This is the other one.

FBI: Federal Jury Convicts Navajo Man | Los Alamos Daily Post

I won't go into it too much here. The bad guy confessed, we had DNA, a good victim, and the weapon (a mall-store samurai sword!). He had been convicted of a similar offense in 2002. The sentencing guidelines were so high he opted for the long game - wait in custody for almost 4 years, hoping the victim would die or disappear. Nothing we would offer him would be less than effectively a life sentence for a 53 year old sex offender.

Finally the judge had enough and set it for trial. I made the drive to ABQ, hoping at least for a trip to Ron Peterson's wonderful gun store. No luck there. By the time court ended every day he was closed. My only daughter lives in ABQ, so at least I got to see her.

The victim did not die or disappear. She testified, was subjected to harsh cross examination, but held up. She has serious health issues, and I doubt she'll be around for more than a few months.

The defense did what they could, but they had a tough row to hoe. The jury was out for two hours, which included lunch.

It was bittersweet for me. I've always enjoyed testifying and the trappings of the system in full forward motion. An event that took place between two marginalized people on a remote Indian reservation led to scientists testifying about DNA, evidence people flying in from Quantico to testify on chain of custody issues, SANE nurses being brought in from their new jobs to recall an exam done four years ago, and an old happily retired agent lumbering into the stand again for one last hurrah.

I'm glad we won. He needs to stay in prison. Oddly enough, when I finished testifying the defendant shook my hand and thanked me for treating him fairly.

I've never looked at verdicts as wins or losses. The system works and I accept the outcome, no matter what. But is was nice to go out on a conviction (even two years after I retired.)
 
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Glad you went out with a bang.....

Not implying that any trial is 'easy', I think they are called trials because of all the misery they cause people involved, including the Jury hoping to gosh they did the right thing.

This has to be about the most straight up trial I've ever heard of. I wish all of them were that way. I had to sit on a jury for hours while an 'alleged' drunk guy's lawyer talked about the breathalyzer and the qualifications of the operator, how little the breathalyzer numbers meant, dyslexia and why he couldn't say the ABCs including showing proof of that condition being that he called DUI DWI. And testimony from his girlfriend that he wasn't acting right because he was tired. I could go on, but that was the most dragged out... I think of trials that go on for WEEKs.
 
Oddly enough, when I finished testifying the defendant shook my hand and thanked me for treating him fairly.

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Seems like there is always one court case that gets to you..mine was a dead, abused baby. Even convictions can be very, very bitter sweet. Glad to be retired from the job.
 
Good story, thanks much.


while in service I had to 'testify' for a soldier for something fairly minor - Later did court bailiff a number of times, one was for a Master Sergeant that had abused his daughter, his jury of peers, half senior officer / half senior NCO's.

And then court juror, but only chosen once and they made a deal as we walked in.
 
Four years to bring a relatively slam dunk case to court? That's a bad joke.

Want to hear another? Guy up the street blew away another family member in the street in front of two witnesses. This created a 5+ hour standoff with SWAT while he sat in the back yard deciding whether or not to do us all a favor and blow his own brains out. This was 18+ months ago and I see no sign of it in any NV court.

There's due process and gaming the system with delays, and I bet I know which applies in both cases.
 
Four years to bring a relatively slam dunk case to court? That's a bad joke.

The prosecution has 90 days to bring a case to trial after indictment under the Speedy Trial act. All of the delays in this one came from the defense. Judges tend to grant defense delays, but even they have limits.
 
Four years to bring a relatively slam dunk case to court? That's a bad joke.

Our ADAs used to explain that although the case was 'perfect', when we had lesser felonies, and or relatively youthful or relatively first time (say first dozen times) through the system defendants; it was more 'cost effective' to plea bargain. Rare was the case I worked that actually went to a trial.
 
Nice thoughtful post that conveys the realities of the criminal justice system . I think the term you are looking for is pathos. Life is hard cruel and very sad sometimes. I look at the worn chairs in the courtrooms and on the jury chairs and think how many people have come through here, how many lives have been effected, how many cases with their genesis here in "MY" courtroom have made it up to SCOTUS and had a profound effect of the justice system (yes there have been several). Each starts on a dusty reservation, a town street, some innocuous place and before it's over it can affect the world. Life is funny that way......
BTW Fried Catfish fillets and courtbouillion for lunch today at the town lunch eatery with apple cobbler for dessert :D
 
Good on ya!

...

I've never looked at verdicts as wins or losses. The system works and I accept the outcome, no matter what. But is was nice to go out on a conviction (even two years after I retired.)
(emphasis added)

Though our paths have never crossed, in person, I know you're a good man. Your work will be remembered.

Your philosophy re: verdicts is what I tried to impart to my students...cannot control what we cannot control. ;)

Enjoy your retirement! You earned it.

Be safe.

PS:

Expect I will be back in LA, CA, for a long ongoing...seemingly never ending... case sometime soon. Travel on government dime is a pleasure. :)
 
When I retired there were few important criminal cases pending so I had very little to do with the courts on criminal matters. But there was a BOZO who assaulted his live-in girlfriend, then cold-cocked his uncle who tried to intervene, then when I got there the wrestling match left me with a dislocated shoulder and elbow and him in handcuffs. During processing at county jail BOZO got a little bit rambunctious, kicked his way through an office door, then head-butted me in the face, breaking my nose and fracturing a couple of teeth.

BOZO proceeded to plead guilty to charges of assault, domestic violence, and assault on a peace officer, then was sentenced to 4 years in prison. During those 4 years he entertained himself by filing hand-written pro-se lawsuits against me, my department, and anyone else he could think of suing. I spent 4 years appearing for depositions and trial dates before the case was adjudicated in my favor.

No compensation. No travel allowances. No witness fees. Just drop everything every time I was served with more papers requiring me to jump through another set of hoops.

By the way, it can be a little bit difficult to get a mortgage or finance a new car while you have a multi-million dollar lawsuit pending against you.

I think everyone sees the larger picture here, so RANT OVER.
 
Seems like there is always one court case that gets to you..mine was a dead, abused baby. Even convictions can be very, very bitter sweet. Glad to be retired from the job.

Mine is a gang member who drove at above our open road speeds in an urban area, lost control and went off the road into a river while intoxicated on a summer Sunday afternoon.

A four year old child and her mother drowned.

Two Manslaughter convictions before the committal hearing as I prepared the file to a defended hearing stage from the start.
 

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