GUILTY PA - Jessica Padgett, 32, Northampton County, 21 November 2014

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One mental illness defense coming up, with a side order of childhood trauma and parental abuse.

Standby for the biggest bunch of B.S. since the Casey Anthony and Jodi Arias trials.
 
Madeleine74 said:
That's exactly it. Publicity! Free Publicity! Big notorious cases attract all kinds of high profile attorneys. Not because they think the killer is innocent, but because it gets their name and their firm's name out there in a very national and sometimes international way, all for free. Sure there will be h8ers, but this is the way it works. Competition for famous and infamous cases. It's not about winning this big case, because it can't be won, it's all about generating future business. Has been happening as long as any of us have followed crime cases:

- OJ Simpson ("dream team" high profile attorneys)
- Scott Peterson (Mark Geragos)

Just to name a couple. And yes, if a defense attorney CAN win a big case they sure do want to. They are bound by their legal oath to provide a defense and represent their client or otherwise could be disbarred.
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I don't see how GG can win, because the videos are too damming. Lawyers like this guy are on the same level as the t-shirt salesmen on the NY streets 2 days after the 9/11 attacks.... vultures, predators, heartless exploiters capitalizing on a tragedy for their own self gain.
 
GigTu said:
I don't see how GG can win, because the videos are too damming. Lawyers like this guy are on the same level as the t-shirt salesmen on the NY streets 2 days after the 9/11 attacks.... vultures, predators, heartless exploiters capitalizing on a tragedy for their own self gain.
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I opined upstream GG will be convicted, and in the post you quoted pointed out the reason a high profile lawyer would take this terrible case: free publicity for the attorney/firm.
 
I'm going out on a limb here. I have read through Jack McMahon's (GG attorney) other tough cases. He is sharp and knows the law well. In my opinion, I strongly believe he will come out guns blazing with questions and defenses that we would never think of. In reading through his other stuff I probably have an unpopular opinion that even the slimiest of defense attorneys have an agenda other than just money or publicity, maybe what motivates them is that they can, in fact, be advocates to have outdated laws changed. (I guess I try to find the good in people) For example, in the Kermit Gosnell house of horror case, he questioned why the physician had not been inspected for years and years even after complaints. This unnoticed problem is brought to light and laws are changed to protect further tragedies. I do not believe this attorney, described as bullish and slick, is going to come out unprepared looking like a fool. His performance will be the old razzle dazzle show for sure and I bet he gets us all thinking on at least one subject matter. He won't win, best case scenerio he comes away with a 3rd degree murder conviction. But this attorney is good. And be prepared for the show.
 
Well, then he'll burn through the Graff/Padgett monies trying this case, and in the end I believe his client will still spend the rest of his life in prison or maybe housed in mental ward, if he tries to suggest his client was mentally ill or had some undiagnosed condition and a jury buys it.

Either way, GG is not going to be walking free again. That's my belief. I do not think a jury comprised of reasonable human beings, upon hearing and seeing the horror of this case and see this guy on video abusing the corpse will think, "eh, let's give this guy, GG, a 2nd chance, a do-over. I'm sure he didn't mean to shoot, murder and then sexually abuse the corpse of his stepdaughter. We'll just let him go. Bygones and all."
 
I agree Madeleine74. He should and will spend the rest of his life behind bars. However, if you research and read up on some of these other slam dunk cases, we see over and over that prosecutor's hands are often tied as the laws are written and the laws protect the criminal more than the victim. Jury's are only as good as the law allows them to make decisions. It is my personal opinion that there will be some crazy stuff that the defending attorney will be able to present and argue based on precedent and outdated laws. I also believe this case will force changes to those outdated laws. The rainbow after a horrific storm if you will.
 
I am curious about the finances of Mr. and Mrs. G. Maybe there is a legal expert on this forum that could answer for me. Since the marital assets are divided equally in PA, if GG's wife files for divorce now, can her share of the assets be frozen so GG can't utilize them for his defense thereby possibly leaving her penniless? Seems very unfair that the innocent party should have to worry about losing everything.
 
ha60 said:
I am curious about the finances of Mr. and Mrs. G. Maybe there is a legal expert on this forum that could answer for me. Since the marital assets are divided equally in PA, if GG's wife files for divorce now, can her share of the assets be frozen so GG can't utilize them for his defense thereby possibly leaving her penniless? Seems very unfair that the innocent party should have to worry about losing everything.
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Thank you for asking this! As I have read, this is exactly what I have wondered!
 
In PA:
A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
. . .
Intentional killing. Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
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http://www.legis.state.pa.us/cfdocs...ype=HTM&ttl=18&div=0&chpt=25&sctn=2&subsctn=0

There are many defenses to criminal charges. Most of them deal with the "intent" element when it comes to first degree charges. I have read MANY interesting cases where a lot of these defenses were raised when life in prison is the possible (likely) outcome. The defense attorney is NOT calling the shots; his duty is to present the options to the client and then to pursue the case as the client chooses. If GG wants to raise these defenses, the defense attorney is under a duty to pursue them with zealous advocacy, competence, and diligence. Defense attorneys get paid hourly in most cases. They can not get paid based on the outcome, it's against the ethical rules. So whatever the defense attorney does pursue, it's GG's call, we can't blame the attorney.

Defenses to First Degree Murder Charges

Diminished capacity: the defendant lacked the mental capacity required to form a specific intent to kill. This defense does not relieve the defendant of criminal liability; the defense only reduces the charge from first degree murder to a lower degree of criminal homicide.

Voluntary intoxication: the defendant may be able to use this defense to reduce the charge from first degree murder to a lower degree of criminal homicide.

Mental insanity

Self-defense or battered women's syndrome

Accidental killing without criminal intent while engaging in lawful activity

Duress
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http://statelaws.findlaw.com/pennsylvania-law/pennsylvania-first-degree-murder-laws.html


In Pennsylvania, a couple is separated when they begin to live “separate and apart.” Here, in my opinion, that would be when GG was taken into custody. From the point of separation, any assets purchased will not be considered "marital assets" but will be considered separate property. This is also true of debts incurred; all debts follow the party who benefits from the debt. Obviously here GG is the only one benefitting from the costs of the legal fees. Jessica's mom could file an affidavit with the court asking to have the assets frozen, and then GG would incur the costs as a debt separate from the marriage and the marital funds would be out of his reach. OR Jessica's mom could wait until the dissolution of marriage is in court and could (IMO) easily argue that GG was dissipating the assets. But under this method, she would only get the money back if GG still had the money or property that could be sold to cover the amount.

Her best bet would be to consult a divorce attorney now, because they will probably advise her to file a motion to freeze the assets. GG could easily blow through their money on this trial and then even if she gets the award in the divorce action, GG can't and won't have to pay if he is insolvent.

Actions Considered Wasting or Dissipation

The following actions could be considered to be the wasting of assets, especially if they occur after the marriage breaks down:

Gambling losses
Money and gifts given to a spouse's lover
Legal fees and forfeiture of property resulting from a spouse's criminal activities
Gifts by one spouse to the couple's children or family members
Failure by a spouse to make mortgage payments, resulting in foreclosure
Business losses caused by a spouse
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http://family-law.lawyers.com/divorce/property-division-in-divorce-wasting-assets.html


***I am a law student ONLY and this comment should in NO WAY be taken as legal advice; it is not meant as such.***
 
This will all depend on his plea. But if someone hires a high profile defense attorney such as Jack McMahon, the defendant is relying on said attorney to help him. The defendant has no clue what his options are, what defense they call pull out etc... In reality, the attorney is calling the shots and is the brains behind the operation advising his client on his rights and best chances. However if the defendant says I don't want to do that the attorney is the hired help and should do as his client wishes.
 
heartgoesout said:
This will all depend on his plea. But if someone hires a high profile defense attorney such as Jack McMahon, the defendant is relying on said attorney to help him. The defendant has no clue what his options are, what defense they call pull out etc... In reality, the attorney is calling the shots and is the brains behind the operation advising his client on his rights and best chances. However if the defendant says I don't want to do that the attorney is the hired help and should do as his client wishes.
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An attorney never calls the shots! That's a violation of the Model Rules of Professional Conduct and can lead to disbarment. An attorney would get sued if he or she was at all biased in presenting options or if he or she failed to mention a possible legal course of action. Explaining legal options in a neutral, unbiased way so that a layperson can understand is a huge part of our education. The only way GG would not be calling the shots is if a court ruled him to be incompetent and then another neutral person would be appointed as his custodian or guardian and would make the decisions, never the attorney. GG hired the attorney certainly for his trial expertise in presenting the defenses, and for his actual connections and network. And GG may just tell the guy to do what he would do. But they attorneys I know would never ever agree to take that kind of liability on themselves, way too much risk of repercussions in your career. They would only do what the client instructed.
 
Respectfully disagree. Maybe we are on different pages on what we are referring to. I'm totally making this up and there is no basis whatsoever of what I'm using as an example...GG is not going to think to check doctor records that show his last physical showed very high levels of something or other and this could be a connection of he mental issue...blah blah blah
My point is GG has asked and hired JM to defend him. It is JM's job to do that to the best of his ability. GG is paying big bucks I'm sure since he is an experienced and a sharp attorney. GG HAS called the shot...defend me and get me off or a lesser sentence...now it's in JM's hand to do so of course with GG approval and go ahead.
 
heartgoesout said:
Respectfully disagree. Maybe we are on different pages on what we are referring to. I'm totally making this up and there is no basis whatsoever of what I'm using as an example...GG is not going to think to check doctor records that show his last physical showed very high levels of something or other and this could be a connection of he mental issue...blah blah blah
My point is GG has asked and hired JM to defend him. It is JM's job to do that to the best of his ability. GG is paying big bucks I'm sure since he is an experienced and a sharp attorney. GG HAS called the shot...defend me and get me off or a lesser sentence...now it's in JM's hand to do so of course with GG approval and go ahead.
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I see what you mean now, I was more thinking about which actual defenses to pursue, not the methods of pursuing them once chosen. I agree with you that much of the work will be done without GG directly guiding it, especially given his incarceration.
 
I too see what you are expressing. lol lol we both know whats going on in our head just had a hard time putting it in words.
I am nervous though this attorney is going to have something unexpected that will turn everything upside down. Time will tell. Just hoping he pleads guilty.
 
I can't believe Jessica's mom hasn't already filed for divorce. I would have filed within days of his arrest if it were me.
 
Either it is in her best interest to not file for divorce or she is in denial and is standing by her man.
 
heartgoesout said:
Either it is in her best interest to not file for divorce or she is in denial and is standing by her man.
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That would be a horrendous betrayal!

I bet this lawyer is going to try to make GG's mom look like the mother of Sybil; make the wife look like Mommy Dearest; paint JP as a manipulator, man-tease, loosey-goosey, etc., and try to make GG the victim of all women. I hate him already because I know he's going to try to tarnish this sweet woman's reputation.. for what? Publicity and money? If he does that, I hope he gets the same early ending the OJ Simpson lawyers all got.... early 'retirement'.
 
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