Sunday, April 27, 2008

Defense Strategy = Smoke and Mirrors



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In this story we read that the DA's office rejected a plea from illegal immigrant cop killer Juan Quintero. He would have plead guilty to life in prison without parole. On priniciple, the DA's office is seeking the death penalty which they normally do with cop killers. As you may remember, Johnson stopped Quintero and arrested him. While in the back seat of the patrol car, Quintero managed to get a gun and shoot Officer Johnson in the head. Quintero also shot at a wrecker driver who was trying to get in close. What grabbed my attention in this is how the defense's back is against the wall here. There is no question of Quintero's guilt.
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"It's the defense lawyer's job to get the best deal for her client."
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Okay, yes fair enough. However, since the defense cannot argue their client's innocense they only have one option. The insanity defense. Of course Quintero seems sane now, sane enough to agree to plead guilty if the death penalty is taken off the table. When that deal was rejected, "poof" he's now insane. I remember in college, the professors said the insanity defense works in less that 1% of the time it is attempted. I seriously doubt a rational, thinking jury will buy that argument either. Unless the defense gets lucky and finds the same type of morons that served on the OJ and Robert Durst trials. I hope the prosecution pays attention during voire dire.
"In a case like this, the facts suggest a mental instability," (Sandra Thompson of UH Law Center)Thompson said. "It would be hard to craft a defense of any other kind."
I agree with her on that. I'm sure Quintero has some tangled wiring upstairs, but I don't believe for an instant he didn't know what he was doing was wrong. He fully intended to kill Officer Johnson for arresting him.
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There is another angle the defense will attempt to use. Quintero's attorney, Danalynn Recer also happens to be the founder of a local anti-death penalty organization. So, she is going to paint the illegal immigrant cop killer as a sympathetic, flawed human being who deserves to live. I'm not criticizing her for that for that is her job. I do criticize anyone who actually falls for it. I imagine she will do all she can to distract the jury from Quintero's shooting of Rodney Johnson with an array of "oh pobre cito" stories.
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"Defense attorneys have worked to bury the prosecution in paper before the trial, which is expected to last one month. The team is expected to have access to national experts who oppose the death penalty."
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In layman's terms, the defense will try to wear down the jury into sparing this piece of garbage's life. I wonder if the judge is going to allow these "national experts who oppose the death penalty" to testify. What do these clowns know about the actual murder that was committed? Remember, Juan Quintero is on trial, not the issue of the death penatly. I guess they teach that in law school, "if your case cannot be won on its own merit, then bring in the smoke and mirrors."

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