Question: How do you feel about defending murder cases?
Answer: There is nothing more challenging or more exhilarating than defending a murder case. The client literally places his life into my hands. Now is the time to use everything I have ever learned in school, in life, in court and anywhere else to live up to the trust that the client has placed in me.
The homicide detective believes he has a slam dunk case against the client. The specially assigned deputy district attorney is confident that he has a winning case. Now, it is time for the defense lawyer to get started.
The investigative file is called a “murder book” consisting of perhaps hundreds of pages. There could be dozens of hours of recorded interviews to analyze. The murder book is disjointed and offers few clues about how this case should be defended. No wonder that the prosecutor is delighted with it. After a few readings, I am ready for the inevitable marathon meetings with the client to go over the case. The open secret is that by endlessly reviewing the material, over and over, this way and that way, and backwards and forwards, the defense lawyer learns the facts of the case in greater detail than the prosecutor ever will. If, in fact, the case is defensible, the keys that unlock the secrets to prosecution’s weaknesses will emerge, and a cohesive defense can be presented. Once in trial, unexpected prosecution testimony can be readily countered by the defense lawyer who can recite every detail of the case, even in his sleep. I remember once, sitting next to the homicide detective in a case and seeing that his copy of the murder book was in perfect condition, compared to mine, which had been read over and over, taken apart, put back together, worn out, taped back together numerous times. No wonder that, when I called him to testify, he was completely blindsided over and over. From jury selection to closing argument, I treat each opportunity to speak as the most important moment in the trial and THE one and only chance I will ever have to win the case.
Question: Is there any difference in jury selection in a murder case?
Answer: Yes. The art of jury selection has a few extra dimensions in murder cases. First of all, each side has more opportunities to dismiss a prospective juror in a murder case than in a regular case. And unlike in minor misdemeanor cases, jurors in murder cases sometimes experience real fear or real hatred. When the prospective juror’s body language betrays either emotion, especially the hatred, this juror has already convicted the client at the jury selection stage. My client cannot have a fair trial by such a juror. By the time jury selection is over, it is rare to end up with a jury panel that the defense lawyer loves because the prosecutor will have gotten rid of the jurors that the defense lawyer liked. Usually, at best, the trial will be before a jury that neither side loves, but both can live with.
Question: Why do prosecutors sometimes allege that a murder was carried out at the direction of or for the benefit of a criminal street gang?
Answer: Often in murder cases, the prosecution alleges that the crime was gang related. This has the effect of inflaming and prejudicing the jury at trial and adding many years to the sentence. It also has the effect of doubling the work of the defense lawyer if the allegation is not true. I have successfully refuted the gang enhancement in the past. This can be done a number of ways, depending on the facts of the case.
If you have any more questions, please contact Stephen A. Varga