Very high profile death penalty defense. Young client, along with a younger co-defendant, charged in so-called torture murder of well -known and beloved paraplegic man in his late 50s. Most legal obs...ervers gave us no chance to avoid the death penalty due to pre-trial publicity and extremely high feelings running against our client. I assembled a great defense team, and we devised a complex plan to fight the case on every front. Coincidentally, immediately following the plea we attended a criminal defense seminar hosted by the Georgia Association of Criminal Defense Lawyers, and we were lauded at every turn that weekend by attorneys who were amazed at the result we obtained. The methods employed in that case can be utilized in all sorts of far less complex and heated cases, but cannot be duplicted without great strategy and tireless efforts on behalf of the client.
Criminal defense
State vs. M.E.J.
N/A
OUTCOME: Plea to life
Very high profile death penalty defense. Young client, along with a younger co-defendant, charged in so-called torture murder of well -known and beloved paraplegic man in his late 50s. Most legal obs...ervers gave us no chance to avoid the death penalty due to pre-trial publicity and extremely high feelings running against our client. I assembled a great defense team, and we devised a complex plan to fight the case on every front. Coincidentally, immediately following the plea we attended a criminal defense seminar hosted by the Georgia Association of Criminal Defense Lawyers, and we were lauded at every turn that weekend by attorneys who were amazed at the result we obtained. The methods employed in that case can be utilized in all sorts of far less complex and heated cases, but cannot be duplicted without great strategy and tireless efforts on behalf of the client.
Criminal defense
State vs. E.P.
N/A
OUTCOME: All DeKalb County Charges Dismissed
Very high profile death penalty case of two DeKalb County teenagers car-jacked in DeKalb County by my client and 3 co-defendants. The teen-agers were taken by car to Bartow County where one was murder...ed and the second shot, but escaped. My client was identified as the trigger man by the surviving victim. E.P. was convicted of all charges in Bartow County and sentenced to death.
The D.A. in DeKalb County elected -as insurance for the Bartow County conviction - to charge E.P. in DeKalb County as well, and to seek the death penalty, which Georgia case law clearly allows.
I filed a plea in bar based upon double jeopardy since I came to believe that the two D.A.s had not properly conferred and coordinated their cases and indictments. The trial court ruled against us.
In a unanimous Georgia Supreme Court opinion, that court agreed with us, and the Supreme Court dismissed all DeKalb County charges.
We also developed considerable evidence showing ineffective assistance of counsel in Bartow County, and that E.P. is mentally retarded. I will only consider this case completed when my client is removed from death row - alive. He now has a team of very highly qualified death penalty litigators working to accomplish that ultimate goal.
Criminal defense
C.J.S. v. The State of Georgia
N/A
OUTCOME: Life Sentence Reduced To 11 Years - Paroled
C.J.S. shot his boss 21 times. He unloaded a semi-auto pistol of 13 shots, reloaded and shot the boss 8 more times to be certain. I assisted Chris McKee in getting a reversal from the GA Supreme Cour...t, however, there was a huge problem. Only the murder conviction was reversed. Left standing was a conviction for aggravated assault in regard to a second person who was not harmed for which C.J.S. received a sentence of 20 years concurrent with the life sentence for murder.
I filed an Extraordinary Motion For New Trial with the trial court based upon a massive amount of evidence we had gathered in regard to the violent predisposition of the victim of the homicide. The victim was a small time tow truck business owner who thought and acted like he was Tony Soprano. He always carried a firearm, and he had a pistol stuck in its usual spot in the back of his pants when he was shot.
The second person was allowed to leave the location unharmed and my client called the police confessing as he reported the shooting.
The trial judge reversed the aggravated assault conviction, and we entered a guilty plea to voluntary manslaughter which was, in fact and law, the appropriate charge. The case presented a perfect example of an imperfect self-defense case. The aggravated assault was dismissed.
After an extensive sentencing hearing, Judge Workman sentenced C.J.S. to 11 years to serve on the voluntary manslaughter charge.
A third lawyer, a childhood friend of mine named Jake Arbes of Atlanta, was retained by the family of C.J.S. to seek further relief from the Parole Board. Jake uses this case in his seminar teachings to illustrate how the record can be used to move the Parole Board to do things one does not think the Board will possibly do. He publicly credits our efforts at building the record for the sentencing hearing as the primary source for the materials he later presented to the Parole Board.
The homicide occurred on 8/30/1998 and Chris was paroled on 9/19/2006. He has moved back to his home in the northeast, and he is now on parole. And, Chris is a pretty good guy.
