Passage of Jessica's Law and new developments

[southcitymom]

I agree his words were not tactful but I believe the point he was trying to make is not being taken the way he meant it.
I think had he not verbally illustrated the visual the way he did then no one would be talking about him right now. Maybe he needed to use those words to be heard?
IMO what he said about treatment of sexual assault victims on the stand is not to far off base.
It is what often happens.

I agree with you, Amraann. He did not softshoe it, but he was honest and his choice of words got him heard.

 

[pedinurse]

just don't know what to say.
i hope NO one ever gives him the time of day again. what a jerk. (trying to keep it family friendly here).

 

[ttrachel04]

Thank you!! A defense attorney is not suppose to behave that way. I've never heard of a defense attorney going after a little kid on the stand like that. I think most defense lawyers understand it would make them look bad to the jury. Most of the time they try to use a gentle but effective approach in doing cross in cases where a child accuses someone of molestation or rape.
This Fagan person has said a lot about himself and his own weird thoughts and mindset, more than he knows.

sooo true

my dad's a defense attorney. granted, it's for med mal, not for anything criminal (and he would NEVER defend this type of a criminal).

but he always says you go further with honey than with vinegar ... especially with a jury !!!!

 

[oceanblueeyes]

Thank you!! A defense attorney is not suppose to behave that way. I've never heard of a defense attorney going after a little kid on the stand like that. I think most defense lawyers understand it would make them look bad to the jury. Most of the time they try to use a gentle but effective approach in doing cross in cases where a child accuses someone of molestation or rape.
This Fagan person has said a lot about himself and his own weird thoughts and mindset, more than he knows.

I have seen them become very aggressive with an adult female but I have never seen an attorney be allowed to bagger a child who is a victim of sexual assault but if they even badger the adult victim then they will be dressed down by the Judge and if they keep it up the Judge will stop it in its tracks.

I cannot even fathom any Judge allowing such a asinine thing. Usually the guidelines are very clear if it is a child and if a defense attorney was stupid enough to incite a jury by doing this .......he would then cut his client's own throat for him.

I don't care what his intentions were. They were offensive and I am sure every Judge who has heard this raving lunatic thinks "yeah, well come on to my court and try it"

imoo

 

[ttrachel04]

unbelievable and sickening.

 

[southcitymom]

sooo true

my dad's a defense attorney. granted, it's for med mal, not for anything criminal (and he would NEVER defend this type of a criminal).

but he always says you go further with honey than with vinegar ... especially with a jury !!!!

Civil and criminal are two very different things.

I honestly think you could definitely put reasonable doubt into the minds of some jurors by tripping up a child on the stand and aggressiveness can trip kids up.

Sometimes a juror is just looking for a reason to not believe something horrible has happened - a criminal defense attorney wants to make sure that reason is there for the juror to grab.

 

[southcitymom]

I have seen them become very aggressive with an adult female but I have never seen an attorney be allowed to bagger a child who is a victim of sexual assault but if they even badger the adult victim then they will be dressed down by the Judge and if they keep it up the Judge will stop it in its tracks.

I cannot even fathom any Judge allowing such a asinine thing. Usually the guidelines are very clear if it is a child and if a defense attorney was stupid enough to incite a jury by doing this .......he would then cut his client's own throat for him.

I don't care what his intentions were. They were offensive and I am sure every Judge who has heard this raving lunatic thinks "yeah, well come on to my court and try it"

imoo

It is a fine and dangerous line - using agreesive tactics with victims. And you and Jeana are correct that a good Judge will keep the playing field fair.

 

[montana_16]

I don't feel anyone is legally obligatied to torment a child. If his client is guilty the sob should leave the child alone, if he beleives his client is innocent his tactics will do his client more harm than good.

Very well put Rino.

 

[txsvicki]

This guy sounds like he wants to do to the kids what the child rapist has already done to them by causing nightmares, ruining lives, and affecting future relationships. He really sounds like a lunatic who thinks he has this much power over people and has really thought alot about it.

 

[Amraann]

Can someone explain why Jessica's law would affect how a defense atty would handle a witness??

Although I believe this man's words were not tactful at all and misconstrued.. I still don't get why exactly he is opposing Jessica's Law?

 

[Rino]

Madatory jail terms

 

[ttrachel04]

Civil and criminal are two very different things.

I honestly think you could definitely put reasonable doubt into the minds of some jurors by tripping up a child on the stand and aggressiveness can trip kids up.

Sometimes a juror is just looking for a reason to not believe something horrible has happened - a criminal defense attorney wants to make sure that reason is there for the juror to grab.

i know they're different ...

but wouldn't traumatizing a child on the witness stand look bad to jurors?

 

[Elphaba]

He's full of it... I just don't think that even the scummiest of defense lawyers would rip into a child like he is claiming... it wouldn't go over well in the court and it would make a very negative impression on the jury, about the defendant. I'm taking a shot in the dark here,and maybe I am wrong, but I would gander that this man, in my opinion, is just worried about his assets: Jessica's law would clamp down on repeat sex offenders... this man garners his money from defending criminals such as sex offenders... therefore, his wallet will feel the pinch of having a law out there would make it harder for him to get his clients off.

I could be wrong, but then again... I may be right.

 

[Jeana (DP)]

What does "zealously defend" mean to you when you are representing someone who has everything to lose?

You do the best you can for your client ethically and within the guidelines of the law.

 

[southcitymom]

i know they're different ...

but wouldn't traumatizing a child on the witness stand look bad to jurors?

I do agree with this - that's a fine line! I wouldn't want to try to walk it.

 

[southcitymom]

You do the best you can for your client ethically and within the guidelines of the law.

Agreed - thank God for Judges.

 

[Jeana (DP)]

Agreed - thank God for Judges.

Amen!!

 

[Lovejac]

http://www.wftv.com/news/19160185/detail.html

CITRUS COUNTY, Fla. -- He kept it a secret for two years, but this weekend Jessica Lunsford’s father revealed he is the father of a little boy.

Mark Lunsford says his son was born on Jessica’s birthday, October 6, 2007, exactly twelve years after she was born

 

[txsvicki]

That's great. He seems like a good guy and deserves some happiness after all he has had to endure.

 

[lizzybeth]

Congratulations Mr. Lunsford. I'm sure Jessica is very proud of her little brother and is his own guardian angel.