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OK, so we agree there was pressure being applied by the state on Bowman/MT. The expert said that state attorneys always apply pressure to get you to act when it's not prudent/in your client's best interest. Bowman's job was to not fall for that. He did. That's my point. He didn't know Fotis was gonna commit suicide. So MT's cooperation was going to be in play for Fotis' prosecution until Fotis went to trial. What opportunity was he going to lose if he had waited and declined the interviews or made a proffer himself on behalf of MT?Yes, there pressure was in finding the body. Point being, NOW was her opportunity to cooperate. She would lose that opportunity.
Clearly AB was working (he thought WITH his vlient) to broker her a sweetheart deal. Little to no sentence if they could lock down on FD.
That is not bad lawyering. It's a strategy.
Interviews 2 and 3 did not happen in vacuums. She had admitted there was no shower, she hadn't in fact seen FD that morning. She was killing his alibi, this is the beginning of cooperation. That is why he continued with the interviews, including the field trip to search for remains.
In hindsight, should he have left her to face full charges? Without trying to mitigate them at all?
JMO
MT was in custody and/or released on pretrial bail release when the police interviews were conducted.This says he would testify about several issues re the standard of care for a client who is "in custody" or with "pending charges" when speaking to law enforcement. But at the times MT spoke with LE she wasn't in custody and had no pending charges--IIRC.
OK, so we agree there was pressure being applied by the state on Bowman/MT. The expert said that state attorneys always apply pressure to get you to act when it's not prudent/in your client's best interest. Bowman's job was to not fall for that. He did. That's my point. He didn't know Fotis was gonna commit suicide. So MT's cooperation was going to be in play for Fotis' prosecution until Fotis went to trial. What opportunity was he going to lose if he had waited and declined the interviews or made a proffer himself on behalf of MT?
Lets say he declined to make his client available for interviews. The state arrests her. She's charged as an accessory. (Lets remember no one knows Fotis is going to commit suicide at this point.) Bowman can still make a deal for MT because the state wants Fotis!
JMO
Clipped by me.Because if they recovered a body, they would have had FD. They wouldn't need MT.
The issue of urgency to find the body was very real at the time and was the primary focus of police and States Attorney. This was a missing mother of 5 and over a holiday weekend. All police resources were deployed over the entire state to find Jennifer or her body.Clipped by me.
Hmmmm. I did not take Bowman's urgency as having to do with the recovery of the body but I could be wrong.
@Seattle1 Thank you for your comment/timeline that MT was already arrested during these interviews! I didn't realize that. So he has a client already facing serious charges, who is lying to the police in her 1st interview, and he allows her to continue? I think even if he was worried about the recovery of the body and losing the opportunity for a deal, once he sees his client is lying, I think he should've put the brakes. JMO
Clipped by me.
Hmmmm. I did not take Bowman's urgency as having to do with the recovery of the body but I could be wrong.
@Seattle1 Thank you for your comment/timeline that MT was already arrested during these interviews! I didn't realize that. So he has a client already facing serious charges, who is lying to the police in her 1st interview, and he allows her to continue? I think even if he was worried about the recovery of the body and losing the opportunity for a deal, once he sees his client is lying, I think he should've put the brakes. JMO
Not reviewing the Bowman notes imo was a huge fail. Thoughts and opinions from Bowman are important. The expert says yes but not on a pre-hearing basis. I very much wonder if we are simply seeing a lazy expert who was more concerned with the $$ and not putting the entire picture together to put himself fully into the shoes of Bowman.
Yes, broad brush and not seeking imo to truly understand the environment that Bowman was working in at the time and what was going on with police, Colangelo and MT. The scope here seems quite limited but worse than this imo it seems incomplete.Facts don't matter. Appearances do. He's hoping the judge will be impressed by his wisdom -- a competent attorney would/ wouldn't...
Every defense attorney could second guess every other one.
Second guessing is not a basis for appeal IMO.
He didn't review Bowman's notes because it's easier to maintain his global (theoretical) position. Like a psychiatrist who never evaluates a defendant, just speaks in sweeping generalities.
JMO