Legal Commentary

Sunday Night Open Thread

By Jeralyn

Here's a BBC recap of today's events in Libya. In Yemen, security forces are battling al Qaeda.

In Colorado Springs, Bruce J. Nozolino, a former Lockheed Martin executive facing a 31 count indictment on "charges that he killed his ex-wife’s lover, shot and wounded her divorce attorney and tried to kill the judge who presided over the divorce" in four separate shootings over an 8 year period, has been denied a public defender because he has $221,000 in assets (a condo and a pension.) Who will represent him? $221,000 is far below what a competent defense costs in a murder case. In addition to legal fees, there will be significant expenses for forensic experts and a private investigator. And what happens if he can't find a private lawyer? Does he get released on speedy trial grounds at some point?

The judge needs to rethink this decision. Indigency is not just a matter of how much money one has, but whether one can afford a defense. The Fifth and Sixth Amendments guarantee the right to a fair trial and to present a defense, as well as the right to effective assistance of counsel. Even Rod Blagojevich now has court-appointed lawyers.

On a lighter note, the season finale of Shameless airs tonight on Showtime. It's easily the best new series of the season.

Full post as published by TalkLeft on March 27, 2011 (boomark / email).