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Indybay Feature

S.C. Eleven Defendant To Dump Lawyer

Date:
Wednesday, May 09, 2012
Time:
8:30 AM - 9:00 AM
Event Type:
Court Date
Organizer/Author:
Robert Norse
Location Details:
701 Ocean St.. County Courthouse Dept. 6

Community activist Brent Adams will be going to court to file a Marsden motion to remove the attorney Judge Ariadne Symons appointed for him: Brian P. Murphy.

http://en.wikipedia.org/wiki/Marsden_motion

Adams notes Murphy has refused to communicate with him, been unheloful if not hostile in his case, & declined to meet or share evidence with him as requested.

Most recently, Adams says, Murphy stood him up for a Friday court appearance that he promised to schedule so that Adams could get a new attorney. In spite of a prior promise, according to Adams, Murphy high-handedly broke his word without apology and darkly suggested that Adams would have to represent himself and have trouble finding another attorney.

I've often seen this ailment among Public Defenders, eager to plea bargain their clients' cases, supremely confident they know best what is to be done, and uninterested in sharing their case with the client. This "five minutes in the hallway before trial" sickness is a severe one, partially the fault, of course, of Public Defenders being overburdened by the system.

Court appointed Public Defenders (or "Public Pretenders" as some are called by their victims) for many of the SC-11 have generally declined to file any pre-trial motions challenging the rushed prosecution, the prosecution's failure to provide full video and written evidence, and not gotten together with other attorneys to work out a common strategy.

In my opinion, were the SC11 to have followed their attorney's advice strictly, none of them would ever have met and talked together as some have done to plan solidarity benefits and actions. Nor would they have conferred with supporters.

Perhaps this is because the attorneys recognize how stupid these charges are compared with murder, rape, and robbery felonies that may also be involved with. Still, these charges are very serious not only for those falsely under the gavel

Adams welcomes supporters at the hearing, but encourages folks not to burn themselves out, given the number of recent and upcoming events involving members of the SC11.

If others have any complaints about ineffective support of counsel through negligence or intent, please let me know at rnorse3 [at] hotmail.com
Added to the calendar on Sun, May 6, 2012 1:34PM
§Clarification
by Robert Norse
These opinions are mine alone and do not seek to represent those of the SC-11 nor the supporters of the SC-11.
§Flier
by Robert Norse
drop_the_charges_5-7-12.pdf_600_.jpg
Please download and distribute

Comments (Hide Comments)
by G
"The misdemeanor machine has inspired a slew of epithets: “meet ‘em and plead ‘em lawyering,” “assembly line justice,” “cattle herding,” and “McJustice.” They reflect the reality that once people charged with misdemeanors get to court, they are pressured by judges, prosecutors, and their own lawyers into pleading guilty, often without knowledge of their rights or the nature of the charges against them."

http://www.slate.com/articles/news_and_politics/jurisprudence/2012/04/misdemeanors_can_have_major_consequences_for_the_people_charged_.single.html

Fire Bob Lee!
by Roosta
Brent sat in private session w/ Judge Burdick and his lawyer Ryan Murphy and tried to make the case that his lawyer has not been helping him.
Murphy stated for the first time ever that he has a strategy and actually "wants" to take the case to pre-trial. This came as a surprise to Brent who has been trying to get his attorney to discuss strategy for several months with no success. This is no real surprise though given that a successful Marsden Motion would trigger a Bar Association investigation into Ryan's alleged damning behavior.

Brent reports that he will move forward with his case with his current attorney but will be considering other options.

Being a poor person, he has few lateral options regarding paying for better more pro-active council.

~Roosta~
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