I cannot help but wonder whether the public trial rights of criminal defendants are routinely violated in Connecticut when judges conduct sensitive voir dire by means of the dreaded sidebar. Consider the implications of United States v. Gupta, a 2011 U.S. Court of Appeals for the Second Circuit case.
Raghubir Gupta was convicted of one count of immigration fraud and sentenced to 51 months in prison. During jury selection, a courtroom deputy instructed Gupta's brother and another person to leave the courtroom. He later justified that decision by saying he was directed by the judge in...
May 27, 2015
I was at the Mohegan Sun casino the other day, during normal business hours. But I was not there for the purpose of gambling. I swear. I have a room full of police chiefs who are my witnesses.
For the second straight year, I was the guest of the Connecticut Police Chiefs Association, invited to speak about a criminal defense lawyer’s perspective on the challenges facing police officers. This year’s topic was simple: Why the sudden scrutiny of police use of force?
The group was somber. Their men patrol streets in neighborhoods where they are sometimes viewed less as law...
May 20, 2015
I’m always amazed when I read press accounts of cases I have either tried, or am in the midst of trying: the reporter’s gloss rarely reflects the complexity of the proceeding. Often, what’s reported is just plain wrong. But the public appetite for trial news appears to be insatiable.
Why?
My theory is Freudian: Trial is where we take the seven deadly sins – wrath, greed, sloth, pride, lust, envy, and gluttony – and put them on display. We identify with the accused at criminal trials: His sins are ours, only writ large; we could have done the same....
May 17, 2015
Much has been made about Dzhokhar Tsarnaev’s demeanor during his recent trial. For 10 weeks he sat in a Boston courtroom. Observers report that he showed emotion only once, when an aunt testified in a vain effort to spare him the death penalty.
Just how should he have reacted? The case avoided any meaningful explanation of why he killed. It was a drama without a real plot.
The prosecution and the defense of this case unfolded in a scripted, almost mechanical fashion.
Death penalty cases proceed on a two-step drill — two trials heard by the same jury. The first...
May 17, 2015
May 8, 2015
Among the enchantments of criminal law is its specialized vocabulary.
For example, a new potential client often feels the need to approach...
May 7, 2015
Reliable information is hard to come by in the death of Baltimore’s Freddie Gray, but, from a distance, he looks to be a victim of a police...
April 29, 2015
I missed Bruce Jenner's interview with Diane Sawyer the other night, and, try as I might, I just can't seem to muster the will to go back and watch...
April 23, 2015
I wasn't under any illusions about what the sentence would be. My client was convicted of shooting a man in a drive-by shooting, killing him almost...
April 22, 2015
Would a different defense have spared Aaron Hernandez a life sentence? I suspect his lawyers are wondering, especially after jurors told the media...
April 22, 2015
Richard Lapointe looked dazed, even confused, when he walked out of Superior Court in Hartford last week. It was the first time in 26 years his feet...