The Outrageous, Offensive, Ethical Murder Defense

"OK, granted, my client killed her. That's wrong. But shouldn't he get some credit for the fact that her loss is a net gain for society?"

“OK, granted, my client killed her. That’s wrong. But shouldn’t he get some credit for the fact that her loss is a net gain for society?”

The evidence at trial showed that Rasheen Everett arrived at Amanda Gonzalez-Andujar ‘s Queens ( New York) apartment on March 27, 2010, and almost 24 hours  later, left carrying two bags filled with the prostitute’s belongings including her camera, laptop and cell phone.. Her lifeless body was later discovered, covered in bleach. The judge pronounced the defendant, who showed no remorse during the proceedings, “a coldhearted and violent menace to society.”  Everett apparently killed Amanda after discovering that she was transgendered. She had solicited him over tbe internet.

Desperately arguing to keep Everett’s post-conviction sentence as light as possible (it turned out to be 29 years in prison), Queens defense attorney John Scarpa made about as repugnant an agrument to Queens Supreme Court Justice Richard Buchter as the imagination could devise. “A sentence of 25 years to life is an incredibly long period of time, judge,” Scarpa protested. “Shouldn’t that be reserved for people who are guilty of killing certain classes of individuals? Who is the victim in this case?” he asked. “Amanda was engaged in a life of prostitution, life of drug use, HIV exposure. She was having sex with other individuals knowing she had the chance of spreading diseases….Is the victim a person in the higher end of the community?” he asked.

This theory would have ensured Jack the Ripper, had he ever been caught, a work release program, perhaps in a butcher shop. Continue reading

Should a Prosecutor Be Lenient So A Rich Felon Can Keep His Big Bucks Job?

Good intentions, it is said, pave the road to Hell. It’s an especially direct road when the good intentions are those of a prosecutor who doesn’t have the skills or common sense to reach the correct decision to resolve a rather easy ethical conflict. An ethical conflict occurs when there are valid ethical arguments for diametrically opposed actions, and one must weigh the priorities, implications and likely results in order to make the most ethical choice. Mark Hurlbert, the district attorney for Eagle, Colorado, faced such a conflict, as prosecutors often do. He botched it royally, and that road he’s paving is going to reach far beyond Colorado. Continue reading