NY Criminal Defense Lawyers Convicted of Attempted Witness Tampering

After six days of jury deliberations, a federal jury in Brooklyn has convicted a prominent New York criminal defense attorney (Robert Simels) and his associate on multiple federal felony counts, including attempted witness tampering.  The testimony in the case brought to light many practices (and alleged practices) of criminal defense attorneys, at least in New York.  The judge presiding over the case, Hon. John Gleeson, a former federal prosecutor, at one point remarked that for Mr. Simels, encouraging a witness to lie was as simple as "passing a box of tissues."  Many observers are concerned that the verdict will chill zealous advocacy by criminal defense attorneys.  The NYLJ story, which is free (no subscription required), is here.

Comments

[W.R. Chambers]

In what way might the verdict chill "zealous advocacy"?

[Monroe Freedman]

As a supporter of zealous advocacy,I can't imagine how -- but with one observation.

I have serious concerns about a prosecutor's office prosecuting one of its own adversaries. That is a power that is too easily abused, and that is precluded by conflict of interest rules. In any case in which a prosecutor's office believes that a criminal defense lawyer should be prosecuted, it should have the case handled by an independent prosecutor.

Interesting question: How many times has a prosecutor's office initiated a complaint -- criminal, disciplinary, or requesting disqualification -- against one of the all-too-many incompetent defense lawyers, and how many times has such a complaint been made against a highly effective defense lawyer?

[Ambrose]

In your situation, I would stronly suggest Legal Aid or contacting one of the many law schools in the city to see if their clinics will be able to help you at least file the correct answers and motions.

Criminal Attorneys