What a strange thing. Back story, guy under mental treatment for 30 years walks into a crowd of people with his dinger hangin' out. He is drunk, off of his anti-psychotics and gets arrested and spends the next five days bouncin' off walls at the local lockup. I got appointed and suggested I do a quick motion for psych eval. After a good dose of Haldol, the guy comes down and regains ability to live normally with day-to-day medication. He is practically homeless, a ward of the state MHMR system. He gets charged with crime of exposin' himself knowin' children are present with the intent to sexually arouse some person. This occurred almost two years ago.
I immediately know this guy has an insanity defense. I mean, this is not a guy that was lookin' though windows at little girls or prowlin' dark hallways at nights, this guy walked straight into a crowd of people with his dinger hangin' out. No one in their right mind would do that. Since my appointment more than two years ago, that has been my plan of attack. The first DA lackey psychologist determined my guy was not legally insane at the time of the offense. I moved for an appointment of a second evaluation. Another DA lackey psychologist was appointed and came to the same conclusion. I protested that I had not been appointed the psychologist who my client was entitled to have to assist him in raisin' this defense and got a third psychologist appointed. The case is set for trial on December 1. I have been playin' phone tag with my assistin' psychologist for the last three weeks. Pre-trial was scheduled for this mornin.'
Wednesday, late, an assistant DA called me and offered to give my guy probation on the case. This was a rapid departure from their position that he was to serve a minimum of 5 years. Yesterday, I call the client in and discuss this offer with him. At the merest suggestion, he agrees to the plea bargain. I explain to him that by takin' the plea he will be convicted of a felony and will be required to register as a sex offender. He understands and still says he wants the deal. I explain that not only do we have a good insanity defense, I cannot see any way that the DA can prove he had any intent to arouse the sexual desire of any person in his action. He still wants to plead. Why? It erased the possibility that he would have to serve time in the penitentiary.
This morning, I walk in with my client and we are the only case on the docket. I had informed the DA last evenin' that my client had agreed to the deal, so we begin the arduous amount of paperwork necessary to complete the plea: the probation forms for the judge's signature, the sex offender notifications, and my duty to get the proper acknowledgments and waivers executed by my client. We stand up before the court, the magic words are spoken, the necessary questions are answered, and the judge sentences my client in accordance with the plea bargain. As a last step before grantin' the probation on this offense, the Court asks the DA if he had consulted the victims and secured their agreement to the recommended punishment. The DA responses, in my opinion, indicated he had gotten no cooperation from the complainin' witnesses.
I did not want my client to plea. I thought we had a good case for trial. I know what he did was shockin' and alarmin'. But was it criminal? This was just some drunk crazy old man who was not watchin' whether or not his willie was sufficiently concealed who wandered into a crowd goin' to the store to get a box of matches. It is not the mere sight of genitals themselves that are criminal, as it all has to do with the state of mind involved when they are visible. In Dallas, I would have probably already had this case dismissed, or gotten an agreement to send the guy to the hospital for some treatment, or at the very least, reduced to a misdemeanor with no sex offender registration requirement.
How do I feel about all of that? I dunno ... the client got what he wanted, I guess. I made damn sure to make it clear on the record that he knew what he was doin' and that he was doin' what he wanted to do. I hope he does well on probation. I am now not too sure the DA would not have offered somethin' much better on the day of trial, but it is over. Two years of involvement with this client and this case. I only await receivin' the check from the county where I will be paid. End of story.
Posted by notGeorge at November 14, 2003 02:31 PM | TrackBackYou're paid to give your best advice, and you did just that. Case closed.
Posted by: Parkway Rest Stop at November 14, 2003 07:14 PMIt sounds so ridiculous that this man was looking at 5 years. I work in healthcare facility where this happens every day. The same offense, probably the same mental disturbances. Guys or women like this really can not be held responsible for many of their actions if their meds are screwed up, or unable to afford them. I don't have any answers I only deal in the reality of it.
Posted by: Dawn at November 14, 2003 09:59 PM