WHEN THE BAD GUY DIDN’T DO IT

During my police career, I put many suspects in prison for crimes they committed.  There were two cases, however, where I proved that the arrestee didn’t do it.  What was even more extraordinary was that both of these arrestees were two of the biggest jerks I ever handled. 

The first case involved the suspect being arrested sitting in a stolen car that had been taken in a residential burglary.  He had a lengthy arrest record and had already done time in prison.  When I interviewed him at the police station, besides being an incessant chatterbox who just wouldn’t shut up, he tried to tell me that a guy had picked him up and had given him the keys to the car.  He had fallen asleep in the car and was subsequently arrested by some uniform officers.  When it came time for his court date, he asked to see me.  In the lock up interview room he told me that the suspect who had given him the car was also in the lockup that day.  He saw him on the transportation bus from the jail to the court lockup and had even gotten his name.  I followed up on it and was able to prove that his story, incredible as it sounded, was true.  I was able to get the charges against him dropped, and filed burglary and auto theft charges against the other individual.  From that day on, every time he saw me either on the street or when he was at the police station, he always made it a point to thank me.

The second case was another residential burglary.  When I interviewed the arrestee at the police station, he was very arrogant and antagonistic.  As memory serves me, he had been identified by a witness and the case seemed very strong against him.  As I got further into the investigation, however, it became apparent that he hadn’t committed the crime.  When I went to court and requested the case against him be dropped, the public defender told me that his client was one of the most obnoxious persons he had ever represented.  That being said, he didn’t do the crime, and he was subsequently released.

Here’s the bottom line: As an investigator, your job is to find the truth.  If someone is charged with a crime, no matter what his background or record is, if he didn’t do it, then he goes free and you continue your search for the guilty party.  That’s what justice is all about.

WHY WOULD YOU DO CRIMINAL DEFENSE?

Although its not the major part of my business, I do occasional criminal defense cases for some top notch, ethical defense attorneys.  As a retired police detective, I’ve been asked numerous times by current and former police officers why I would do any criminal defense work.  When I do get asked that question, I always respond with the fact that in the United States, every defendant is presumed innocent and is entitled to a defense.  I then bring up the fact of the Duke Lacrosse players who were filed on for serious criminal charges by a rogue prosecutor, convicted in the press in a trial by media, then ultimately, completely exonerated.  If not for a spirited defense team, these young men would have been sent to prison for a crime that never happened.

On a personal note, I was the defense investigator in a case in which a police officer was accused of excess force in apprehending a suspect. Criminal charges were filed against him and he was facing prison if convicted.  I was able to find an independent eyewitness whose testimony cleared the officer of any wrong doing, which resulted in a not guilty verdict.

A person’s whole life can change in a blink of an eye.  Sometimes, like in the Duke Lacrosse players case, the judicial system can do terrible things. In police work, officers have to make split second decisions that can go horribly wrong.  When it seems like the weight of the whole criminal justice system is aligned against you, it’s just your attorney and your defense investigator that stands between you and jail.  Pray that you’re never placed in that situation, but if you ever have the nightmarish experience of being arrested and formally charged with a criminal offense, you’ll understand why I do criminal defense work.