I sometimes get asked about various tactics used by defense attorneys. In the following interview, I express views on what defense attorneys sometimes have to do in seemingly hopeless cases:
http://www.tampabay.com/news/legal-experts-weigh-in-on-soundness-of-lindsey-defense-strategy/1221182
In this interview I talk about DUI defense tactics:
http://articles.orlandosentinel.com/2012-03-11/news/os-dui-crash-trial-orlando-20120312_1_dui-cases-blood-legal-limit
Tuesday, April 17, 2012
Thursday, April 12, 2012
THE AUDIENCE FOR "THE LAST MURDER"
Howard Blue, whom I met on an internet forum dedicated to the Lindbergh Kidnapping Case, has recently posted a review of "The Last Murder" on a true crime internet forum. I think the remarks he made tend to validate my belief that "The Last Murder" speaks to the audience I primarily targeted (criminal trial lawyers and law enforcement officers). In his review, which he graciously gave me permission to repost, he said:
"I'm just about to finish reading another book that will interest many (but not all) subscribers to this forum. Robert Dekle, Sr. is the author of The Last Murder: The Investigation, Prosecution and Execution of Ted Bundy (Praeger 2011).
"In the interest of full disclosure, he has been answering some of my questions about the legal aspects of a 1956 kidnapping that I've been writing a book about. I got my copy of The Last Murder after Dekle and I exchanged books (his for my book, WORDS AT WAR, about American radio during World War II).
"The Last Murder could be a classic on the trials and tribulations of dealing with a serial killer who decides to be his own lawyer (for at least a part of the time). The book provides interesting insight into Bundy's psyche and behavior during the trial. It also gives a great deal of information about the legal and other nuances of a prosecutor's dealing with competing jurisdictions while involved in both the investigation and the prosecution of a capital crime. For some, the legal technicalities may be too much. However, I've been fascinated with the author's explanation of how the law deals with such a crime.
"The Last Murder is a page turner, but not in the sense that one might experience with a more sensationalized book. In high school I ran the mile, but occasionally I fooled around running hurdles. I would liken the experience of prosecuting Ted Bundy to running hurdles. No sooner did the prosecution dispense of a bunch of motions that the defense threw their way, then a bunch of new ones came on their radar."
MORE MEDIA HITS ON THE ZIMMERMAN/MARTIN CASE
NOTE: This is a repost. The previously posted hyperlinks malfunctioned.
Wednesday, April 11, 2012
A PROSECUTOR'S DUTY
My phone rang off the hook this afternoon with calls from various media representatives seeking my comments on the recent developments in the Trayvon Martin case. Although trial lawyers are seldom at a loss for words, one question that I was asked left me almost speechless. How did I feel about the indictment? Although I am not a Vulcan, I try to banish my feelings when approaching a murder case. Prosecutors learn to suppress their feelings when evaluating a case. Emotion clouds judgment, and judgment should be crystal clear when making decisions in matters of life and death.
I can, however, express my feelings about how State Attorney Angela Corey has performed her duties so far. Governor Scott threw her a political hot potato when he assigned her to this case, and she has managed it with grace and dignity. Listening to her at the press conference this afternoon, it was clear that she has scrupulously adhered to the ethical and professional requirements of the office of prosecutor. Having known her as a colleague for over a quarter of a century, I expected no less from her.
I did not see the entire conference, but from what I saw she handled the sniping, confrontational questions of some of the media representatives extremely well. She said what had to be said and refused to divulge information which was better left unsaid, and she maintained her composure in the face of questions that seemed to be designed to ignite controversy.
One question which particularly irritated me was the oft-repeated "Why did the investigation take so long?" The short answer is, it didn't. Not arresting Zimmerman on the night of the shooting was probably the best thing that happened for the building of a case against him. Had he been arrested that evening, the prosecution would have been scrambling to hastily put together the case ahead of certain very short procedural deadlines set out in the Florida Rules of Criminal Procedure. With Zimmerman unarrested, the only deadline which the prosecution had to work against was the statute of limitations--and there is no statute of limitations for second degree murder. The prosecution had an opportunity to move slowly and deliberately and put together the best possible case before making an arrest.
In my 29 years and 10 months as a prosecutor, I never had a homicide case suffer because the defendant wasn't immediately arrested, but I had several crash and burn because the defendant was arrested too soon.
Angela Corey has done an excellent job so far, and I expect that she will continue to do an excellent job.
I can, however, express my feelings about how State Attorney Angela Corey has performed her duties so far. Governor Scott threw her a political hot potato when he assigned her to this case, and she has managed it with grace and dignity. Listening to her at the press conference this afternoon, it was clear that she has scrupulously adhered to the ethical and professional requirements of the office of prosecutor. Having known her as a colleague for over a quarter of a century, I expected no less from her.
I did not see the entire conference, but from what I saw she handled the sniping, confrontational questions of some of the media representatives extremely well. She said what had to be said and refused to divulge information which was better left unsaid, and she maintained her composure in the face of questions that seemed to be designed to ignite controversy.
One question which particularly irritated me was the oft-repeated "Why did the investigation take so long?" The short answer is, it didn't. Not arresting Zimmerman on the night of the shooting was probably the best thing that happened for the building of a case against him. Had he been arrested that evening, the prosecution would have been scrambling to hastily put together the case ahead of certain very short procedural deadlines set out in the Florida Rules of Criminal Procedure. With Zimmerman unarrested, the only deadline which the prosecution had to work against was the statute of limitations--and there is no statute of limitations for second degree murder. The prosecution had an opportunity to move slowly and deliberately and put together the best possible case before making an arrest.
In my 29 years and 10 months as a prosecutor, I never had a homicide case suffer because the defendant wasn't immediately arrested, but I had several crash and burn because the defendant was arrested too soon.
Angela Corey has done an excellent job so far, and I expect that she will continue to do an excellent job.
Friday, April 6, 2012
RENEWING OLD ACQUAINTANCES
This past Tuesday evening as I was leaving my prosecution clinic class at UF, I ran into an old friend whom I hadn't seen in a while. The Hon. William R. Slaughter, Jr., who recently retired as County Court Judge in Suwannee County, was at UF acting as a volunteer judge for Appellate Advocacy oral arguments.
I have tried many cases before Judge Slaughter and I have also tried many cases against him when he was in private practice, and I have always had the highest regard for his skill, integrity, and collegiality. It was always a pleasure to try a case against him, even when he was beating my head in.
Judge Slaughter expressed interest in purchasing my book, "The Last Murder," and by the strangest coincidence I happened to have several copies in the back seat of my vehicle. I autographed a copy for him and we parted ways.
Today I received an email from Judge Slaughter, and he has given me permission to reproduce it on my blog. Judge Slaughter wrote:
"Just a short note to tell you that I thoroughly enjoyed The Last Murder. It was well-written, easy to read, and laced with you trademark humor. I never read a book in one sitting….until now. About 5 hours straight. It was that interesting."
When I wrote the book, I tried very hard to make it accessible to anyone who might be interested in the prosecution of Bundy, but my target audience was criminal trial lawyers and law enforcement officers. Judge Slaughter's comments, coupled with feedback from other lawyers and officers, indicates to me that the book reaches its target.
I have tried many cases before Judge Slaughter and I have also tried many cases against him when he was in private practice, and I have always had the highest regard for his skill, integrity, and collegiality. It was always a pleasure to try a case against him, even when he was beating my head in.
Judge Slaughter expressed interest in purchasing my book, "The Last Murder," and by the strangest coincidence I happened to have several copies in the back seat of my vehicle. I autographed a copy for him and we parted ways.
Today I received an email from Judge Slaughter, and he has given me permission to reproduce it on my blog. Judge Slaughter wrote:
"Just a short note to tell you that I thoroughly enjoyed The Last Murder. It was well-written, easy to read, and laced with you trademark humor. I never read a book in one sitting….until now. About 5 hours straight. It was that interesting."
When I wrote the book, I tried very hard to make it accessible to anyone who might be interested in the prosecution of Bundy, but my target audience was criminal trial lawyers and law enforcement officers. Judge Slaughter's comments, coupled with feedback from other lawyers and officers, indicates to me that the book reaches its target.
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