Cover your ass-ery continues
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Remember the series of posts last month about the Hartford pastor that rejected plea deals despite DNA evidence proving (to the tune of 99% certainty) that he was the father of a now 15-yr old girl’s baby? Remember his attorney’s comments to the court and the press that spawned approximately 50 comments here? I sure do. They’re at it again.
Modesto Reyes pled guilty a few days ago to sexual assault. It seems like it was an open plea. He also pled guilty under the Alford doctrine (which is quite common here as discussed before). That’s fine. He can and the court can accept that plea. His attorney wasn’t done, however.
Defense attorney William Gerace told the court Wednesday that he had urged his client to enter a straight guilty plea instead of the Alford plea.
Gerace said that Reyes’ sentence could be lengthened as a result of taking an Alford plea.
“I have explained it to him ad nauseam,” Gerace told the court. “It’s my job to tell him what I think and that’s what I think.”
I guess it’s possible, but I’ve never seen a sentence increased because the plea is an Alford plea, because you’re still admitting that the State had enough evidence to find you guilty.
Does the court (or the press) need to know the details of the attorney’s opinion and his strong advice to client? Would it not suffice to say that the client has been advised of all the consequences of a guilty plea, even under the Alford plea, and that he has decided to proceed in that manner?
Or is this okay? Is this something you would put on the record?
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Methinks Mr. Gerace has issues. Perhaps it’s just this case, relative to the profile and the appearance that he has failed to do much for his client, but he needs to grow up and take the heat that goes with the job.
When I read attorney Gerace’s comments to the judge, I cringed, and I think I know why. If I tell the judge my client is not following my advice, am I not undercutting my client and thereby failing to zealous advance his interests? A memo to the file suffices to provide rear flank insurance.
[quote post="811"]Does the court (or the press) need to know the details of the attorney’s opinion and his strong advice to client? [/quote]
In fact, wouldn’t a better response to the court have been one that took issue with the court’s claim that there is an Alfor plea tax at sentencing?
As but one example, I routinely decline to answer one local judge’s plea colloquy inquiry (to wit: Is your client entering his plea AGAINST your advice?) by reminding the judge that I never discose privileged matters, tho his inquiry seeks just that. This has never become an issue, then or later.
I think in Arkansas…many attorneys will advise the court in a bench conference of matters where defendants clearly are doing something wacky ie:
“I have conveyed the offer of probation and I have told him a jury will likely give him a cabillion years.”
I do not know the state law there, but I would think it would be odd to have an enhancement for sentencing that was…essentially a no contest plea right?
[quote comment="6373"]Methinks Mr. Gerace has issues. Perhaps it’s just this case, relative to the profile and the appearance that he has failed to do much for his client, but he needs to grow up and take the heat that goes with the job.[/quote]
Well, in hindsight, that 15 year offer sure looks good!
[quote comment="6380"]When I read attorney Gerace’s comments to the judge, I cringed, and I think I know why. If I tell the judge my client is not following my advice, am I not undercutting my client and thereby failing to zealous advance his interests? A memo to the file suffices to provide rear flank insurance.
In fact, wouldn’t a better response to the court have been one that took issue with the court’s claim that there is an Alfor plea tax at sentencing?
As but one example, I routinely decline to answer one local judge’s plea colloquy inquiry (to wit: Is your client entering his plea AGAINST your advice?) by reminding the judge that I never discose privileged matters, tho his inquiry seeks just that. This has never become an issue, then or later.[/quote]
This is exactly the problem and the discussion that ensued a few months ago. It really would suffice to write a memo to the file and present the client’s decision in a simple and dignified manner.
[quote comment="6385"]I think in Arkansas…many attorneys will advise the court in a bench conference of matters where defendants clearly are doing something wacky ie:
“I have conveyed the offer of probation and I have told him a jury will likely give him a cabillion years.”
I do not know the state law there, but I would think it would be odd to have an enhancement for sentencing that was…essentially a no contest plea right?[/quote]
As did I. Unfortunately, as I have been informed by more seasoned colleagues, it is not unusual for that to happen in child sex assault cases.
yes..no contest pleas are more common in sex cases…for some reason an admission in those deals is much tougher to spit out.