As a courtesy, I am letting everyone know that I banned Justincaselawgic this morning at 11:14 am following an unpleasant exchange of comments on the thread titled:
In an effort to discredit me, he posted and confronted me with an affidavit that I had signed several years ago in support of an argument in a post conviction habeas petition alleging that I had provided ineffective assistance of counsel in a death penalty case that I tried and lost. The client’s name is Darrold Stenson.
After I signed the affidavit, Mr. Stenson’s lawyers discovered important exculpatory evidence that I had requested but not received before trial. The prosecutor denied that the evidence existed when, in fact, he knew that it did.
Had he acknowledged that the evidence existed and turned it over to me, I would have assessed and tried the case differently. Instead, however, Mr. Stenson and I disagreed on how to proceed with the case and our conflict eventually led to a breakdown of the attorney-client relationship.
The discovery of this important exculpatory information led defense counsel to request a new trial on the basis of the newly discovered evidence. After a hearing in which I testified in support of the motion together with expert witnesses who testified regarding the significance of the evidence, the Washington State Supreme Court reversed Mr. Stenson’s conviction and death sentence and remanded the case to the trial court for a new trial.
An important reason why the evidence was so critically important to the outcome of the trial, was that I had successfully persuaded the trial court to exclude all of the DNA evidence in the case, both RFLP and PCR.
I believe this is the only death penalty case in the United States in which defense counsel achieved such a favorable result for a client.
I am delighted with the result for Mr. Stenson, but angry and disappointed that it took 16 years of his life under sentence of death to straighten it out.
Someone in the pro Zimmerman camp has obtained a copy of my affidavit, which was on file in the case, and has been spreading it around the internet together with a false statement that I was disbarred from the practice of law for negligent performance in the Stenson case.
I was not disbarred, suspended or otherwise disciplined by the Washington State Bar Association. No complaint was ever filed against me with the bar association or anywhere else alleging that I had done anything wrong in Stenson’s case or any case in which I was involved and no investigation was ever conducted. I have never been sued for malpractice.
Quite the contrary, I am proud of my career as a criminal defense lawyer.
Here are two of my accomplishments:
I was a co-recipient of the National Law Journal’s prestigious Indigent Defense Award in 2000 awarded to me on behalf of Innocence Project Northwest, an organization that I co-founded at the University of Washington School of Law, for my efforts recruiting 40 lawyers to work for free with law students to free 17 innocent men and women who were wrongfully convicted of sexually abusing their children in the notorious Wenatchee Sex Ring case.
I also was a co-recipient of the 2004 King County Washington (Seattle) Lawyer of the Year Award together with the other 7 lawyers who represented Gary Ridgway, the notorious Green River Killer who pled guilty to killing 48 women in exchange for a life without parole sentence.
I voluntarily surrendered my license to practice law after I retired from the practice of law and went into teaching.
I do not know how, why, or when justincaselawgic obtained a copy of my affidavit, but he admitted that he knew about the Stenson decision. He said he posted the affidavit to prove his accusation that I am a weak-kneed lawyer who will not fight for his clients and pleads them guilty when they are innocent.
Nothing could be further from the truth and my entire career is a testament to the contrary.
He also acknowledged that he knew I would ban him when he posted it.
I regret and apologize for telling him to take the affidavit and shove it up his ass. I lost my temper and that was not appropriate.
I do not regret or apologize for banning him.
I wrote this article to give y’all a heads-up regarding the lengths to which the pro Zimmerman camp will go to lash out at anyone who dares to challenge Zimmerman’s unsupported claim of innocence.
And it’s not limited to me. My wife, whom y’all know as Crane-Station and my daughter have been attacked by publishing personal information about them on the internet.
This fight is getting ugly which is probably a good measure of how close we are getting to the truth.
If you think we have it bad, think of Trayvon’s family.