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Public Defense

: Of a Public Defender's Life

Trouble In The Big Easy

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It's tough being a PD Investigator on molest cases sometimes. Even when you are successful, you can still lose...big time. This story out of New Orleans, LA is a good example of a Public Defender Office under fire with some serious allegations:

Orleans Parish public defenders violated criminal procedure when they repeatedly tried to interview the 12-year-old girl at the center of an aggravated rape and kidnapping case against the wishes of the child's mother, prosecutors alleged Monday.

Judge Frank Marullo set a hearing for 10 a.m. Wednesday, at which time he wants to hear the state's evidence behind the allegation that investigator Emily Beasley on Friday lured the girl from her front yard to across the street for an interview while the mother was inside the house.

I'm hoping the PD Investigator and her attorney's come out in the clear on this...make sure to read the comments...remember folks, this is our jury pool!

The comments range from Intelligent:

Posted by stillhereme on 07/13/09 at 2:38PM
This reeks of intimidation of the public defender's office. C'mon, TP: the investigator "lured" the girl across the street?? Seriously? How melodramatic can we get?
If you are charged with a crime, you have a right to investigate the witnesses that are testifying against you. Even if they're kids. It remains to be seen whether this investigator did anything wrong, but I find it pretty hard to believe that the public defender's office is running around intimidating witnesses. Sounds to me like maybe they are doing their jobs, much to the chargrin of the DA and the judge. I'm sure life as a DA would be a lot easier if the PD didn't do their jobs.

To Misinformed (We DO have a right to talk to anyone we choose unless the judge has ordered us not to...also, its up to the witness to say no):

Posted by Ella70130 on 07/13/09 at 4:22PM
A 10 year old girl was allegedly kidnapped and raped by a relative. Her mother would rather not have the child interviewed by council for her daughter's rapist. She made it clear, the judge made it clear. Council proceeds to lay in wait to speak to the child who is now at the ripe old age of 12 to ask her questions as soon as mom turns her back. But mom didn't. This is the definition of intimidation. Council for the defense does not have the right to question a child victim of aggravated rape. They don't have the right to question an adult victim before trial. In most of the civilized world, it would be inappropriate to interview a traumatized child without a phychologist or other expert. Even in the uncivilized world, parents have a right to make decisions for a 10 year old.

To Simply Stupid:

Posted by stupidisugly on 07/13/09 at 1:20PM
cool! get the PD's office under control.
While I have a respect for the well meaning public officials and the right of all people to have a valid and vigorous defense, the Nola Public Defenders office is one big POS.
I can list at least 40 cases where the PD's office has used scare tactics, racism, homophobia and out right lies to get their clients off.
This city has a process where "trials" and "hearings" are held in the middle of the night and on weekend nights. The PD's office has a tendency to not notify the victim for many of these trials, and oddly the DA's office has the same policy.
so you end up with a criminal and two attorneys in court and the victim gets NO chance to speak about decisions being made to release criminals or dismiss cases.
Hopefully Leon will change this garbage and this case against the PD's office is a good place to start.