Todd's Big Trial: Day 5--Guilty
Sorry for the late posting. The jury came back in my federal drug conspiracy criminal case late Thursday night. I was wiped out Friday and mostly slept.
Anyway, the jury convicted my client of the greater offense of conspiracy to distribute 50 grams of crack cocaine. Two of the other defendants were also similarly convicted but one of the defendants was acquitted on all charges. That’s good for him—he goes free—but makes my job on appeal to the 8th Circuit more difficult as the jury obviously considered the evidence separately as to the four defendants.
Even though the feds have a conviction rate of 97% or so, I really thought my client had a chance. Four eyewitnesses could not identify him in court. Countless others didn’t know his name. Still others never mentioned his name.
Frankly, I thought I gave a really good closing argument that wove the facts and my theme—that these cases are like Play-Doh where the Governments stretches things to make whatever they want. I thought I had an attentive jury.
But that’s not how 12 citizens thought it went. I have to respect the jury’s decision. That’s the basis of our system of justice.
However, that doesn’t mean I don’t think they’re right.
All the attorneys in the case did a great job—John Haak, the Assistant US Attorney, put on a well organized case. He was nothing but a professional and a gentleman. I can’t say enough about fellow defense attorneys Dave Pfeifle, Mike Hansen, and Tom Wilka. They all fought hard, fought fair, and with passion and intelligence. Dave actually got his guy off. It was a pleasure litigating with all of these attorneys. I also learned a lot from them that I have put in the back of my mind for my next trial.
So, I’ll be filing some post-conviction motions and a appeal. We’re not done yet!
Meanwhile, Monday, it’s also back to my other clients and their needs.
I probably enjoyed trying this case more than any other case I’ve had. When you are in the courtroom fighting for someone’s life, it is both serious and exhilarating. Even though I disagree with the result, it is a marvelous process and I am reminded that I work in a noble profession.
Technorati Tags: criminal law, federal district court, drugs, conspiracy, law, lawyers
Todd Epp
in Bloggers, Law, Personal, Crime, Criminal Law, Lawyers
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