WSJ Law Blog looks at this modern way of constructing a defense in a heavily watched matter.
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April 30, 2012
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Could we have some discussion about the risks here - admissions, extrajudicial comment, and so on? Or am I just a hopeless techno-loser. I probably am. Who will run the website? I remember one of my criminal defense lawyer friends turning on the TV on a Sunday morning only to see his high profile defendant client holding forth. The TV story turned up and burned up his client at trial. Hopefully somebody will study this and write up a case for it.
Posted by: Rick Underwood | April 30, 2012 at 02:37 PM
Sure, I'd welcome that. Do you want to make a list of "things that could go wrong"? All in all, given that his client has been tried in the press and been the object of a lot of patently false reporting, I'm sympathetic to his lawyer's intentions. But I recognize that things could go wrong.
Posted by: John Steele | April 30, 2012 at 02:54 PM
Right John. The lawyers in the Duke "Rape Case" did a great job of using the self-defense aspect of 3.6. But once the defendant puts out a story, he has to live with it. I teach that lesson to my students through one of my murder ballad studies - "Stella Kenney: A Little Problem In Evidence." Imaginative defense efforts are not new. I did a piece once on "The Other Batson Case" in the Legal Studies Forum which related the story of a turn of the century Louisiana mass murder. The defendant had a newspaper reporter and "PHD" write a story of what (might) have happened, just like the book OJ put out. But the "evidence" alluded to never came in in the trial. There is nothing new under the sun. But enough of this shameless self-promotion by my mentioning articles I have written that nobody will ever read.:-)
What do people think about the web defense? I can't even work my cell phone. Monroe Freedman is better at tech than I am. I am pitiful.
Posted by: Rick Underwood | April 30, 2012 at 03:28 PM
There is a post at ATL today about this website.
Posted by: Rick Underwood | May 01, 2012 at 08:08 AM
Rick, I will match my ineptitude with yours anytime.
However, my granddaughter is living with me this semester while she finishes at Barnard, so I do have a tech advantage. (She even taught me that my cellphone will take photographs -- and without even putting film into it!)
Posted by: Monroe Freedman | May 01, 2012 at 09:36 AM