Talks with defense attorney

BIGGUNS911 · 03-22-2012, 15:02

So I just go done have a lovely, fun and respectful talk (NOT) with a defense attorney about one of my cases. I find these talks so strange, my PA’s office sets up this phone call interview (interrogation) with the defense and allows the defense to run the show. The defense is allowed to ask all kinds of questions as long as they can weave their way back to the case.

This one ended with me telling the defense I was tired of being called names and disrespected and that if they wanted more info they could subpoena me. Mind you the defense has my full report, video/audio and all other reports from the night of the incident. The only thing I can thing these meeting are for is to trip me up, lock me into a “story” and just attempt to discredit me. I don’t do well with any of the three.

So my question is: does your PA’s Office allow defense to have these “free talks” or do they make the defense subpoena you to court for these interviews?

I think we should only do them under oath in court with a judge and stenographer there. I don’t see why we would want to give them any more ammo to use in there case against us.

I say make them work for all of it!

DaBigBR · 03-22-2012, 15:59

Never heard of such a practice. Sounds basically like a non-sworn phone deposition. Some of our defense attorneys really push the envelope in depos, but I've never seen anything come of it. We also do drunk driver license revocation appeals over the phone, but those are under oath and include a judge.

txleapd · 03-22-2012, 16:24

The only time I'm interested in speaking to a defense attorney is if their client wants to talk to me. Other than that, I'll see you court.

collim1 · 03-22-2012, 16:27

Doesn't happen around here to my knowledge, but I deal mostly in misdemeanors, and very few of those go to trial each year.

MarcDW · 03-22-2012, 16:34

Maine is a one party consent state for taping.
So attorneys can tape you and twist every word you say.
So I don't say a .... word outside my report and outside the court.
They have all the evidence, no need to create more.
However, defense attorney always like to go fishing!
"If there is any question, call the Chief body!" >>> end of the call!

S.O.Interceptor · 03-22-2012, 16:40

I've had defense attorneys misrepresent themselves before and try to talk to me. But we have no policy/procedure for speaking with the defense attorneys. I have never done it, and I don't plan to do it. Any questions he/she has for me can be asked in front of a jury.

nikerret · 03-22-2012, 17:23

One of our resident !@#$%^&** gave me some tips on a case he was defending. It is not uncommon for defense atttorneys to be friendly and tell you what you did good and bad on a particular case. This one gave me some pointers then promptly went to one of the assistant CA's and told her I lied in an affidavit and on the stand. This defense attorney had a copy of the in car video, but chose to ignore it.

One fancy IA later, I am proven to have been honest.

I am then told there is no recourse against the defense attorney who did lie becaue he hadn't made an official complaint/allegation. He was absolved when he told a different assistant CA than the one prosecuting the case and that waas "just in passing".

***Sam Spade*** · 03-22-2012, 17:26

I've done plenty of interviews, they're not bad,'and can even be fun.

I always end with an on-tape request for a transcript of the interview, tying it to my promise to review it and provide clarifications or corrections. On the very, very rare case where defense has me providing details on the stand which aren't wholly in line with the interview, I invite the Court's attention to that, and explain that this would have all been clarified if only they had come through, this would have already been fixed.

Other fun moments: "Do you have anything relevant to add which I haven't covered?" "I don't know, counsellor. If you'd tell me your general defense strategy, I might be able to understand what was relevant to you."

"Did my client say anything else to you that night?" "Noooo, not that night" "Whatever do you mean Officer Spade?" "Well, when I picked him up on his warrants an hour ago, he apologized for being so drunk and causing me trouble. He's in the holding cell now, would you like to talk to him?" That one took a felony plea.

"Why were you watching my client?" "I was conducting amcriminal investigation." "Why?" "I refuse to answer unless ordered by a judge."

It's just part of the process, guys. Everyone, including the lawyer, knows they did it. Relax and don't let it worry you. If they become really insulting or go out of bounds, call it and take it to a court hearing.

DaBigBR · 03-22-2012, 17:50

My personal favorite is when the defense attorney catches you before the hearing/depo/trial/etc and tells you that he thinks they'll be able to work something out and you can probably take off. While my experience has been that that is usually sincere, it seems like an obvious way to make it look like you never showed.

Or the 'ol game where they talk to you and then to the prosecutor to pull the "I talked to the officer and he said..." Our prosecutors are generally smart enough to see around this.

lawman800 · 03-22-2012, 22:36

Not done here except in court under sworn testimony for a preliminary hearing. If a defense attorney requests a meeting, we don't do it.

scottydl · 03-22-2012, 23:13

Quote:

Originally Posted by txleapd

The only time I'm interested in speaking to a defense attorney is if their client wants to talk to me. Other than that, I'll see you court.

Exactly. I'm not giving the defense anything in advance that I don't have to. If we meet with them, we are the ones driving the bus... not the other way around.

That is a strange protocol described by the OP. I can't understand why the prosecutor's office would allow that.

Fallout · 03-22-2012, 23:28

Ive actually developed a repoir with several of the attys in my area. Usually however the only time we meet with them is at the request of the prosecutor based on them trying to work a deal regarding their clients charge. Usually it entails a full debrief of their client and full cooperation in an investigation. When I worked Patrol I always hated the ALR hearings on DWI cases. Ive been to tons of them and they are merely fishing expeditions. Only plus side in almost all of those cases Shortly after the hearing the defense plead out on the case. Preventing any further court appearances. I treat defense attorneys like CIs you cant ever trust them but dealing with them is a necessary evil.

blueiron · 03-23-2012, 00:14

I always enjoyed doing them.

They could be conducted amiably with the prosecutor present or they went to subpoenaed deposition and got more intrusive and snarky.

I always just referred back to my report and provided information from it. The defense simply got to hear me say my words verbatim instead of simply reading them for themselves. Remember that many defense attorneys were once prosecutors at one point and know all the games. I secretly relished using inverse Reid interviewing techniques against them - being bodily defensive during name, title, length of service and all the preliminary questions and then opening up with passivation gestures during the "tough" stuff. The smart ones knew they were being hornswaggeled around and a few even complimented me when off the record.

The ones that annoyed me were the attorneys who sent a private investigator [ex-cop] to do the interview. They'd try to butter you up with talk about the job and then try to be increasingly hard nosed in the interview. Insincerity smells bad.

They have a job to do and so do we. Why make it so personally adversarial? Save the disdain for their customers.

Pepper45 · 03-23-2012, 00:52

We are specifically barred from discussing a case outside of a subpoenaed hearing or trial, unless it's with the prosecutor or other department members.

merlynusn · 03-23-2012, 08:31

We can speak with the defense attorneys in District Court. Honestly, it keeps a lot of stupid stuff from going to trial. If you have a slam dunk with no wiggle room, the defense attorney will get their client to take a plea. If you screwed up, the DA will already know and will either kick it or try to get a plea. Some officers are disdainful of the defense attorneys and some try to get along with most of them. I have had some that have told me after a case how I could have beaten them.

For Superior Court, we have already presented the case to the ADA and have talked with them about it before we ever talk to a defense attorney. If they contact us without going through the DA, we typically say nothing and tell the DA who will arrange a joint meeting. But again, since they have my entire case file, there really is nothing they will glean from the meeting except to realize their client is screwed.

itslucky · 03-23-2012, 08:43

If you ever testify in court, you might wish you could have been as sharp as this policeman. He was being cross-examined by a defense attorney during a felony trial. The lawyer was trying to undermine the police officer's credibility .....

Q: 'Officer --- did you see my client fleeing the scene?'

A: 'No sir. But I subsequently observed a person matching the description of the offender, running several blocks away.'

Q: 'Officer, who provided this description?'

A: 'The officer who responded to the scene.'

Q: 'A fellow officer provided the description of this so-called offender. Do you trust your fellow officers?'

A: 'Yes, sir. With my life.'

Q: 'With your life? Let me ask you this then officer. Do you have a room where you change your clothes in preparation for your daily duties?'

A: 'Yes sir, we do!'

Q: 'And do you have a locker in the room?'

A: 'Yes, sir, I do.'

Q: 'And do you have a lock on your locker?'

A: 'Yes, sir.'

Q: 'Now, why is it, officer, if you trust your fellow officers with your life, you find it necessary to lock your locker in a room you share with these same officers?'

A: 'You see, sir, we share the building with the court complex, and sometimes lawyers have been known to walk through that room.'

The courtroom EXPLODED with laughter, and a prompt recess was called. The officer on the stand has been nominated for this year's 'Best Comeback' line -- and we think he'll win.

lwt210 · 03-23-2012, 09:13

Word got out about me pretty quick among the defense attorneys. I haven't had one try shenanigans with me in a long long time.

But no, I don't speak to them about cases for any reason whatsoever. That is what court and depositions are for.

scottydl · 03-23-2012, 09:26

Although I despise the work that most scumball defense attorneys do, I agree that it does help to be on good terms with them if you can. Some deserve it more than others. But you never know when that professional relationship might come in handy. One local defense attorney who represented a major drug trafficker a couple years ago just got elected as the next State's Attorney.

I hate the idea of it as a cop... but I can't imagine how the prosecutors must feel, that have been dealing with this guy on the defense side for years and will now have him as their boss.

BIGGUNS911 · 03-23-2012, 18:02

So I am now hearing this DA called back after our meeting and supposedly chewed out the PA about me being disrespectful, argumentative and not answering his question. So I called over to talk with the PA about it at about 1125ish. It is now 1700 and no call back. I don't know what I expected from them?

From the DA's response I suspect I did not help his case out. Sorry man! :-)

BIGGUNS911 · 03-23-2012, 18:09

I see several of you talking about keeping on good terms with the DA. My experience is that there are good DA's that work with in the rules to get their defendants the best deal they can. On the other hand there are DA's that will dig up BS on you, your kids and your mother to discredit you in any way they can. They yell in court, yell at the PA's and if you let them yell at you. They have no respect for anything. I can talk with and work with the first one, now the second I have no time for at all. You can make up your own mind on the quality I was working with.

lawman800 · 03-23-2012, 18:10

If some defense arse hat called me as a District Attorney to chew me out about a cop, it would be a short conversation.

"Sorry dude, the officer does not work for me or this office."

<click>

rockapede · 03-23-2012, 18:16

Quote:

Originally Posted by lawman800

If some defense arse hat called me as a District Attorney to chew me out about a cop, it would be a short conversation.

"Sorry dude, the officer does not work for me or this office."

<click>

Then again, that would take the PA recognizing that law enforcement officers DON'T work for him/her....

RocPO · 03-23-2012, 18:32

I only speak to the scum sucking bottom feeders in front of a judge and with the District Attorney. I have no use for feeling dirty from being in close contact with them when I don't have to be.

blueiron · 03-23-2012, 19:29

There are idiots that are defense attorneys, prosecuting attorneys, judges, and commissioners.

Blanket assertions are nearly never the case. Every attorney is their own person; thus some are worthwhile, many are middling, and some are absolute benthic creatures. If you ever get wrongfully charged on the job, you'll absolutely need one and the you'll want the best there is.

lawman800 · 03-23-2012, 20:50

Quote:

Originally Posted by rockapede

Then again, that would take the PA recognizing that law enforcement officers DON'T work for him/her....

That is true. It does presume the prosecutor doesn't act like he is the high and mighty authority.

Then again, local guys are not so bad, it's the US Attorneys that tend to run investigations like they are the lead detective. Seen it enough times.