I’m reading Jon Krakauer’s Where Men Win Glory, which is sort of a dual biography of Pat Tillman and history of Afghanistan. (Do I know how to party, or what?) Tillman was the Arizona Cardinals safety who left the NFL after September 11th to enlist in the Army. He was killed in Afghanistan by friendly fire while serving as an Army Ranger. Fascinating dude, totally worth reading about.

One thing that you may not know about Tillman is that he was charged with felony assault when he was seventeen. It was a dumb mistake – he was out with some friends, and one of them left the group to try to start a fight with another group of boys. He succeeded, and being a shrimpy fella, proceeded to get a pretty decent beatdown. After a minute, Tillman and his friends returned, and the other boys took off.

Tillman misread the situation, and pounced on the largest of the boys who was running. And he beat the heck out of him, giving him a concussion and shattering his teeth. A few weeks later, he was charged.

He was also offered a scholarship from Arizona State University, which would be retracted if he were to be convicted of a felony. The judge, over the objections of the prosecutor, apparently reduced the charges to a misdemeanor, to which Tillman pled guilty. He was sentenced to 30 days in jail and 250 hours of community service, and he was allowed to keep his scholarship.

The boy that he beat up – one of his friends talked about that in the book. At the time, she had been furious. But when Krakauer found her, she was more reflective, and I thought it summarized very nicely what we believe, and what we do, here at Sumpter & Gonzalez:

She lamented that her only personal knowledge of Tillman revolved around one of the most regrettable incidents in his life. “What I take from Pat Tillman is that you are not who you are at your worst moment. After what Pat did to Darin, it seems like he really turned his life around and became quite an honorable person.”

When dealing with juveniles, this is especially true. But it’s really the case for everyone we deal with. When people ask me if I feel weird working for a firm that represents a lot of people who are guilty, that’s what I remember: They’re not what they’ve been charged with. Even if they did it – there’s more to a person than the worst thing they did in their life. If you reduce them that way, you have fewer opportunities for heroes like Tillman.

Labels: football, holistic advocacy, juveniles, pat tillman, public perception, second chances, standing up for people

posted by Dan   permalink   0 Comments

The Dallas Morning News has Governor Perry’s response to Texas’ execution of an innocent man in Cameron Todd Willingham. It involves the use of the phrase “so-called” and air-quotes to deride the fact that the state executed a man based on evidence and testimony that’s provably false.

Y’all might have had your hearts warmed by the story of the Grapevine, TX high school football coach who asked half of his team’s fans and cheerleaders to support the Gainesville State School team, consisting of kids in corrections. ESPN covered it. So did This American Life, national news throughout the country, and there’s apparently a movie underway about the coach. Grits for Breakfast has the two TYC teams’ schedule online now, including a Thursday night game in Austin on October 15. If you were moved by the story – and what are you, made of stone, if you’re not – it might be worth showing up to let them know that being supported isn’t just a one-time thing.

Also on the subject of high school football, an Ohio judge sentenced a teenaged boy who pled to an assault charge to five years of probation and barred him from playing team sports for that period. The story comes from Popehat.com, who rightfully point out that the other terms of his probation – finding full-time work in a state with over 10% unemployment or enrolling as a full-time student – may be difficult without the ability to engage his natural talents. Before the conviction, the boy was being scouted by a number of universities.

Slashdot.com, the somewhat over-reactive online community, is in a tizzy about APD. And, specifically, about Chief Acevedo’s talk about “taking on” people who criticize the department online. The summary of the story from the Statesman that got all the comments on Slashdot is pretty off, though – it misrepresents Acevedo’s position so that it looks like he’s saying, “we’re going to arrest people if they call us jerks”, when he’s really saying “pretending to be an APD official when you’re not and making statements that are untrue is a criminal act”, which is true. Grits for Breakfast pops up again to wonder if this means that, like, all other crime in Austin has been completely eradicated so this is a really good use of police time.

Ever get arrested in a casino? Apparently rather than just break people’s legs for cheating these days, the house will now hold them in custody and offer them the opportunity, sanctioned by a district court judge, to sign a confession, pay $500, and not be prosecuted. Which is a little bit creepy, since if you’re being detained against your will and accused of a crime by people with vast resources, you’re not really in a great position to make a great decision, hence the fact that the practice is now under investigation. Insert your own “whatever happens in Vegas” or “the house always wins” pun here – this practice is apparently good for almost $750,000 a year.

Also on Popehat, there’s a downright terrifying piece about an undercover investigative report from a Florida television station in which they went to various police stations asking for the form to file a complaint. A (very mild) sample:

tester: Do you have a complaint form that I can, like, fill out or something like that?
officer: Might not be a legitimate complaint.
tester: Who decides that?
officer: I’m trying to help you.
tester: Like, if there’s a form, why can’t I just take it and leave, right?
officer: No, you don’t leave with forms. You tell me what happened, and then I help you from there. Do you have I-D on?
tester: Why?
officer: You know what? You need to leave.

(It gets worse from there.)

But in more fun news, Austin solo practice attorney George Lobb crashed the groundbreaking ceremony for the new federal courthouse  in Austin. He brought his own shovel and hardhat, and a real big smile. Click the photo to enlarge. it’s a pretty great picture. he looks very happy to be there.

We’ve also got a bigger piece on this coming up, but in case you missed it last week, Charles Hood, a death row inmate here in Texas, had his motion for a new trial denied by the Texas Court of Criminal Appeals even though his prosecutor and the judge were having an affair at the time of his trial and conviction. The argument, as best as I can understand it – and bear in mind that I’m not a lawyer, went something like this:

Appellate Attorney: My client needs a stay of execution, because the judge was sleeping with the prosecutor.

Court: Prove it!

Appellette Attorney proves it by deposing the participants, who admit the affair under oath.

Appellate Attorney: There, proof, now can my client be treated fairly?

Court: Oh, not at this point. You should have done this earlier.

(Cue the wah-wah-WAH sound.)

Labels: abuse of power, APD, art acevedo, football, governor perry, grits for breakfast, in the news, linkdump, money

posted by Dan   permalink   0 Comments

Continuing with the football theme, Michael Vick took the field last week for the first time since he was suspended in 2007 for his involvement in a dogfighting ring. I tip my hat to Philadelphia Eagles owner Jeffrey Lurie for giving him the second chance that, apparently, some think he does not deserve. As the New York Times set out, the decision to bring Vick to the Eagles was not easy for Lurie on the most personal level.

The Philadelphia Eagles’ owner, Jeffrey Lurie, said he wanted to see self-hatred in Michael Vick, wanted to know that the player his head coach and quarterback both wanted for the Eagles could grasp the “cruelty, the torture, the complete disregard for any definition of human decency” that disgusted Lurie. This week, in a one-on-one meeting, Lurie, who called himself an “extreme dog lover” who thinks every day about two family pets who have died in the last two years, said he came away convinced that Vick could do more than just provide a dynamic element to his offense. Vick, Lurie said, had so completely transformed his life that he could complete what has become his new mission: to help save more animals than he had harmed.

[...]Lurie spoke of Vick’s crimes in often-harsh language and said Vick had “disgraced” the league. Lurie indulged in considerable soul searching, and sought to learn all the details of Vick’s troubles, before giving the go-ahead to sign Vick, who will make $1.6 million this season. Lurie said he would measure Vick’s success not in yardage but in whether he can create social change and diminish the level of animal cruelty, particularly in the inner city.

He also had to worry about animal-rights groups and, heck, just plain-old dog lovers, and how they would take to anyone allowing Michael Vick a second chance at football- and all the wealth, fame, and power that can come with it when you've got star potential like Michael Vick has. Apparently, these same folks generated a considerable amount of media against Vick when he was under investigation and may have played a part in the fact that he prosecuted and the time he spent in jail for his crime.

But despite Lurie's own deeply held beliefs and reservations, and the potential hit the Eagles might take from dog-loving fans, Lurie is giving him a second chance. But let's be clear: At the most fundamental level, hiring Vick was not about saving Vick. It was a business decision the Eagles made to upgrade their roster.

Still, I can't help but be impressed with Lurie. Standing up for someone who's done something criminal and, even worse, cruel, isn't easy. We do it every day in our practice. And we all believe that there is something to be proud of in standing up for people in trouble.
Even more, in our practice we try to take the Jeffrey Lurie position and pull something good from something that's pretty bad. When it's appropriate, we work hard to convince prosecutors that giving someone a second chance is often a lot smarter in the bigger picture than locking them up and throwing away the key.

Lurie is going to be sure that Michael Vick uses his position to educate children about animal cruelty. Vick would never be able to do that as an ex-football star. But as a current football star? Well, that's a whole 'nother story.

Labels: dogs, football, second chances, standing up for people

posted by Raman Gill   permalink   0 Comments

It’s a very busy week here, but I hate to let the blog go neglected, so in lieu of something scintillating and original about the world around us, here’s something I found on our server that I’m posting here in anticipation of football season. This is an actual order written by a Texas judge:

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

RUTH WAGGONER, INDIVIDUALLY
AND AS REPRESENTATIVE OF THE
ESTATE OF WILLIAM H. WAGGONER
AND RONALD WAGGONER,

PLAINTIFFS

V.

WAL-MART STORES, INC, THE
STANLEY WORKS, INC, WAL-MART
STORES TEXAS, LLC, AND STANLEY
ACCESS TECHNOLOGIES, LLC,
DEFENDANTS

CAUSE NO. A-07-CA-703-JRN

ORDER

Before the Court in the above-entitled and styled cause of action is Defendant Wal-Mart Stores Texas, L.L.C.'s Opposed Motion for a Protective Order, filed May 29, 2008 (Doc. #26). Apparently, the parties are unable to agree if the deposition of Wal-Mart's corporate representative should occur in San Antonio, Texas or in Bentonville, Arkansas.

The Court is sympathetic with Defendant's argument. Surely Defendant's corporate representative, a resident of Arkansas, would feel great humiliation by being forced to enter the home state of the University of Texas, where the legendary Texas Longhorns have wrought havoc on the Arizona Razorbacks with an impressive 55-21 all-time series record.¹

On the other hand, the Court is sympathetic with Plaintiff's position. Plaintiffs might enter Arkansas with a bit of trepidation as many residents of Arkansas are still seeking retribution for the "Game of the Century" in which James Street and Darrell Royal stunned the Razorbacks by winning the 1969 National Championship.²

Because the Court is sympathetic to both parties' positions, it has found a neutral site, intended to avoid both humiliation and trepidation of retribution.

ACCORDINGLY, IT IS ORDERED THAT unless the parties agree otherwise, the deposition of Defendant's corporate representative shall occur at 9 AM on June, 11, 2008 on the steps of the Texarkana Federal Building, 500 State Line Avenue, TX/AR 71854.

IT IS FURTHER ORDERED THAT each party is to remain on his or her respective side of the state line.

SIGNED this 3rd day of May, 2008.
[signed]

JAMES R. NOWLIN

UNITED STATES DISTRICT JUDGE
______________________________

¹ It is worth noting that the Razorbacks, who disgracefully retreated from the Southwest Conference into the gentler pastures of the Southeastern Conference, could have likely learned a lesson about stamina and perseverance in the face of battle by visiting the Alamo in San Antonio.

² The Court takes judicial notice that the "Game of the Century" for the current century occurred on January 4, 2006 when Vince Young and Make Brown led the Longhorns in a 41-38 win over the USC Trojans, thus securing the 2005 National Championship.

My favorite bit is the second footnote. If you’re not familiar with the concept of “judicial notice”, it means that the fact is so irrefutable that it requires no additional evidence to back it up – like if a witness testifies that she was facing west because the sun was setting, an expert doesn’t need to be called to testify that the sun does indeed set in the west. Similarly, no other testimony or evidence is required to confirm in the eyes of the court that the Game of the Century was the UT victory over USC to win the BCS championship in 2005.

Labels: football, judicial notice, the lighter side

posted by Dan   permalink   2 Comments

I have about a dozen Google alerts set up for various topics, because I'm interested in a ton of things, but flaky when it comes to remembering what those things are. So, rather than remind myself to search news sites for words like "gorillas", "intoxilyzer", "iphone update", etc - I just add an alert for those terms and let the magic of Google be my outboard memory.

In a neat bit of synchronicity, two of my search terms converged today: "Drug court" and "Matt Jones".

Jones is an NFL wide receiver who was released by the Jacksonville Jaguars this off-season after being arrested for testing positive for alcohol, which violated a plea agreement he'd worked out. He'd previously been charged with felony possession of a controlled substance, gone through the drug court, and was in line to have the charges dismissed upon completion of the program. (I have a Google alert set up for him because he hasn't signed with a new team yet, and my Bears could sure use the help.)

Anyway - the thing that struck me in the article came in the comments section. Now, typically, I advise against reading the comments section on any news organization's site if you value a normal blood pressure (seriously - click any article on the Statesman's website and observe. Here's one at random, about the resignation of Evan Smith as editor of Texas Monthly, that quickly devolves into slinging insults at illegal immigrants), but I'm also interested in the way that people are perceived, especially people who've been charged with a crime.

This is the comment that stuck out to me:

Possession charges
Submitted by Temporary_S8nt on Fri. 7/17/2009 at 10:26 am
...dropped. How often does that happen to anyone else? Matt Jones, you're lucky on so many fronts--you idiot.

Tone aside (that's my future wide receiver you're calling an idiot!), I thought this was a pretty neat statement about the drug court and diversion system. This guy, Temporary_S8nt or whatever, assumed that receiving a chance to have charges dismissed in exchange for completing a diversion program was such a unique and extraordinary thing that it would be reserved exclusively for people like professional athletes. It's kind of nice to realize that systems like this, when they're used effectively, give ordinary folks the opportunities that we assume are the province of celebrities.

Labels: drug court, DWI Court, football, matt jones, pretrial diversion, texas monthly

posted by Dan   permalink   0 Comments