Trayvon Martin-George Zimmerman Ethics Train Wreck Update: The Unethical “Witness Nine”

She looks credible to me!

Now where were we?

When we last left this ongoing orgy of unethical conduct in every corner, Mr. and Mrs. Zimmerman were caught lying to the judge about their financial resources, claiming to be destitute for bail purposes, and trying to hide all the money that had come in through contributions to their website. Now the judge is buying a ticket, and has ordered the release of the tape recordings of a woman only known now as “Witness 9.”

Witness 9 has a story that is old, irrelevant, but certainly calculated to inflame the public and the jury pool against the defendant. She says…

  • Zimmerman began sexually molesting Witness 9 when she was six years old and Zimmerman was about 8.
  • It continued until she when she was 16.
  • The molestation included forced kissing, fondling, groping, and inserting his fingers into her vagina.
  •  “We would all lay in front of the TV” to watch movies, “and he would reach under the blankets and try to do things. … I would try to push him off, but he was bigger and stronger and older.”
  • Zimmerman’s family doesn’t “like black people if they don’t act like white people. They like black people if they act white.”
  •  Zimmerman also does not like blacks, though she personally she had never seen him disparage blacks or act as though he hated blacks.

Let’s see:

1. An allegation of sexual molestation that is decades old, very strange (Uh, why did you keep watching movies under a blanket with a molester for ten years, ma’am?), impossible to substantiate, and 100% irrelevant to the crime Zimmerman is charged with committing..

2. A bizarre allegation about Zimmerman’s family, that is incoherent. So do they “like” blacks, or don’t they? I don’t like whites who act like idiots. Does that make me racist? And what is “not acting like a white person,” anyway? Not listening to Donny Osmond music? Not playing cricket? What? Is wandering around  in the rain and looking like you are casing houses acting white, acting black, or just acting like a crook?

3. An assertion about Zimmerman’s opinions of blacks that the witness can’t support with any statements or conduct…

4. …that is apparently not based on any recent evidence.

In addition, we know nothing about this woman on which to assess her credibility, except that she has a grudge against George Zimmerman.

There is a technical term for testimony like this: garbage. It was no less than malicious to release it, and is proof, as if more was needed, that the prosecution in this case is not interested in justice, but serving the agenda of activists who have threatened social unrest and violence if Zimmerman isn’t summarily sacrificed on the altar of racial politics. Fair trial? Can’t risk that.

I suppose, in an ethics train wreck of six months duration, it shouldn’t be surprising that George Zimmerman is being railroaded.

CORRECTION: In the original version of this post, I wrote that Witness 9’s testimony was released by the prosecution, and laid blame on prosecutor Angela Corey, who has tried to poison the jury pool in this case already. A helpful commenter produced an earlier news report that indicates that both the defense and the prosecution opposed releasing the testimony.

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Source: Slate

Facts: Orlando Sentinel

Graphic: tramthuynh

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Ethics Quote of the Week: Washington Sports Writer Sally Jenkins

“Overreaching by government is far more harmful than any of the alleged offenses. It has poured more poison into the system than is contained in any needle.”

—-Sally Jenkins, writing in the Washington Post sports pages about the Roger Clemens prosecution.

Elsewhere in her column, Jenkins writes:

“Someone in authority at the Justice Department should have said to the federal investigators who pursued Clemens since 2007 on perjury charges, “You don’t have the evidence that can win a conviction.” The government never had a case, and knew it didn’t have a case (or at least should have), and brought the case anyway.”

Bringing a case when a prosecutor doesn’t have sufficient evidence is the epitome of unethical prosecution, and the Clemens case certainly qualifies. I can’t write much about this now, because I am preparing to give an ethics seminar to Washington D.C. government attorneys about legal ethics in government practice. I always find the government attorneys to be extraordinarily informed regarding ethical standards, and to have excellent ethical instincts. I will be talking about the Clemens case, and the Ted Stevens prosecution that went so horribly wrong, and the Fast and Furious investigation, in which a Federal Prosecutor announced his intention to take the Fifth Amendment if he was called before Congress. I will be talking about a lot of things.

There is obviously a problem.

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Spark: Ron Sarro

Source: Washington Post

Graphic: The Cell Phone Junkie

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Professional Tip, Lawyers! It’s Unethical to Sexually Assault Opposing Counsel When the Judge Leaves The Room.

NOT the ethical way to “present a motion”…

New York has suspended  lawyer Lawrence Baker from the practice of law for two years after it was determined that he behaved unethically with a female opposing counsel after  a judge overseeing a pretrial conference in chambers left the room to attend to another matter. For his part, Baker only admits to engaging in inappropriate conversation and giving the women a “love tap” on the shoulder. Uh, well, it seems to have been a bit more than that. An investigation determined that Baker kissed the lawyer, plunged his hands down her blouse, fondled her, and, <cough>, exposed himself.

The technical term for this, in the ABA’s ethics rules, is “engaging in conduct prejudicial to the administration of justice.” 

The old gag about this kind of conduct was that the lawyer “presented his briefs” to opposing counsel.

The vernacular term for it is, “YIKES!”

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Source and Facts: ABA Journal

Graphic: Leer Centrum

Brian Banks’ Lawyer’s Dilemma: The Ethics of Counselling An Innocent Client To Plead Guilty

Would Wanetta have eventually admitted her lie if Brian Banks had been sentenced to 40 years? Would you bet your life on it?

The understandable uproar over Brian Bank’s five year imprisonment for a rape he never committed has focused public attention on the wrenching situation where a criminal defense attorney feels he must counsel an innocent client to plead guilty (or no contest, in Banks’ case) when the only alternative appears to be conviction at trial and a harsher sentence.  Banks’ attorney persuaded him that five years for a crime he didn’t commit was preferable to a maximum of 40 years if he was found guilty.  Was that bad advice? Was it unethical advice? Continue reading

Now THIS Is An Unethical Lawsuit (And a Bonus Ethics Quiz!)

A perfect lawsuit for Jackie!

Not legally unethical, mind you, oh no no no! Remember, a lawyer is not unethical when he brings a crack-brained lawsuit as long as he can muster some vaguely plausible theory to support it. Even if he thinks the case is a long-shot of long-shots, if the lawyer has a good-faith belief that it could prevail without violating the natural laws of time and space, it’s “ethical.” Thus it is that the lawyer for the victims of a car crash caused because the teenaged driver of the other vehicle was reading a text message from his girlfriend can ethically bring a lawsuit against both the driver, Kyle Best, and his girl friend. Continue reading

Ethics Quiz: The Strange Case of the Illegal Lawyer

“Hey Fred! Here comes your attorney!”

Sergio Garcia was brought across the Mexican border into California, at the age of 17 months, by his illegally immigrating parents. Thanks to the muddled and inconsistent enforcement of its immigration laws, Garcia graduated from Chico State University, a Florida law school and passed the California State Bar exam in July 2009., all while being in the country illegally. Now a special committee of the California Bar has recommended that he be licensed to practice in the state, but the California Supreme Court has reservations, and wants to read briefs on the issue. That issue is also the Ethics Alarms Quiz this weekend, and I must admit, it is a question I never thought would rise to status of a debate:

Should an illegal immigrant be allowed to practice law? Continue reading

When Unethical Approaches Evil: The Clarence Aaron Pardon Fiasco

Clarence Aaron, waiting for justice

I read about Clarence Aaron four days ago. It has bothered me ever since. The short version of this horror story is that a young man, outrageously sentenced to three consecutive life sentences for a drug offense despite being a first offender, was poised to receive a pardon from President Bush but did not, because the Pardon Attorney charged with job of presenting the case to the President inexplicably left out critical  information that would have all but guaranteed his freedom. The attorney’s name is Ronald Rogers: he was the Pardon Attorney under Bush, and is still in that post today.

I have been trying to figure out what ethical breach would describe what Rogers did, a difficult task in the absence of an explanation from him. Was this incompetence? Laziness? Was it a lack of diligence—was he careless? Did Rogers sink Aaron’s case because he doesn’t like blacks, or doesn’t like drugs, or doesn’t like pardons? Does he lack empathy? Sympathy? A heart? Continue reading

New Passengers on the Roger Clemens Ethics Train Wreck

Hey Andy! Listen to that guy behind you…you won’t believe what he’s saying about you!

First, an Ethics Train Wreck recap, before we get to yesterday’s developments:

The Roger Clemens ethics train wreck officially started rumbling down the tracks in 2008, when Major League Baseball’s Mitchell Report, itself something of a train wreck to begin with, revealed that Roger Clemens’ trainer, a rather shady character named Brian McNamee,  had told the investigative commission that he had injected the pitching great with banned performance-enhancing drugs, or PED’s. In rapid succession there was ethics carnage everywhere. Clemens, under the pretense of inquiring about the health of his former trainer’s child, who was gravely ill, tried to get the trainer to admit he was lying. Congress, absurdly, called a special hearing on the matter. Clemens visited select Congressional offices beforehand, which tainted the objectivity of questioning. The Congressional committee, rather than seeking to illuminate the Clemens dispute or the status of PED’s in baseball, instead decided to take sides, with Republicans defending Clemens (a Bush-supporting Texan) and the Democrats seeking his scalp—facts had nothing to do with it. Clemens, meanwhile, made several dubious statements, and showed his class by telling the world that his wife, not he, was the PED-user in the family. A few months before, Clemens prevailed upon his friend Mike Wallace, then in his late 80’s and semi-retired, to tarnish his reputation as a tough and objective truth-seeker by tossing soft-ball questions to Clemens on CBS, so the pitcher could deny his drug use to a famously skeptical interviewer who was, in fact, thoroughly conflicted. Continue reading

The Plagiarist Strikes Back!

Move along, Atticus. Nothing to see here, and I wouldn't want you to barf.

Well, some of you called it. I was a sap. I expected better.

Mary Frances Prevost, the California criminal law attorney who substantially expropriated an Ethics Alarms post and placed her name on it, responded to my request for an explanation, and failing that, an apology, a retraction, and proper credit, with this (on her Facebook page), in which she said, in part:

“I received a histrionic run-on-sentence email from someone named “Jack Marshall” today accusing me of committing crimes, threatening to report me to my bar association(s), the Inns of Court, and essentially spend your days and nights harassing me.” I have also viewed a a highly unethical rant published purportedly by you on a blog suggesting strongly that I have engaged in unethical conduct throughout the entire course of my career. I have counseled with one of the country’s premiere ethics attorneys. Here’s the result: 1) accusing me of a crime is defamation per se and unethical; 2) suggesting that my entire law practice has been based on unethical conduct is defamatory and unethical. I maintained copies both of your email and blog. It is clear that you are hell bent on engaging in systematic harassment and unethical conduct, the likes of which can, and most likely will, develop into a lawsuit unless rescinded forthwith. It is clear you have little to do in your life besides sent me emails accusing me of crimes, and writing poorly written blog posts accusing me of immoral behavior. Interesting how one making such claims, engages in most egregious conduct himself….But the sheer amount of energy really suggests something more: a lack of work; too much time; off your meds. I suggest you take a look inward and remove your defamatory and unethical blog post regarding me. Indeed, you should come clean on your blog. You’ve practiced law only two weeks before giving up. Yet, your resume suggests far more experience. I think you should rethink what you’ve done.”

Now how do you like that? Continue reading

Is a Plagiarist a Trustworthy Attorney? Let’s Ask Mary Frances Prevost!

This is me, apparently.

San Diego criminal defense attorney Mary Frances Prevost has an interesting post on her blog about the ethics of George Zimmerman’s first set of attorneys.

MINE.

You wouldn’t know it was mine, of course, because blogger/attorney/ former Washington Post journalist Prevost has slapped her own name on it. There it is, right at the beginning: “by Mary Francis Prevost.” I think that’s interesting.

Her post, entitled “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”, was posted the same day as the Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”, which began, coincidentally enough, by quoting John Steel’s post from the Legal Ethics Forum that read, “[S]hut up, guys. Shut the h*** up.”  It was two introductory paragraphs later, however, when “her” post got into the substance of “her” analysis of the ethical problems with the farewell press conference given by George Zimmerman’s attorneys shortly before the shooter of Trayvon Martin was charged, however, that I really began getting a serious dose of deja vu, also known as “Holy crap! This woman stole my article!” Continue reading