CatherineM Posted February 24, 2015 Share Posted February 24, 2015 I'm a vocal opponent of the death penalty. I have volunteered off and on with groups that help with appeals. I'm good at reading six foot high trial transcripts and spotting appealable issues. I was asked to take a look at one from back home. The wrinkle is that the man involved is the one who hurt me in 1991. Should I help him? Link to comment Share on other sites More sharing options...
Anomaly Posted February 24, 2015 Share Posted February 24, 2015 Oh hell no. You would open yourself to charges of bias no matter how open minded you were. Either you didn't see enough to appeal, or you overcompensated and picked frivolous particulars. Link to comment Share on other sites More sharing options...
beatitude Posted February 24, 2015 Share Posted February 24, 2015 If it's just behind-the-scenes volunteering, then yes, in your shoes I'd do it. This is a clear example of love for neighbour and turning the other cheek. No one has to know about the particulars of the situation if you're not formally on this guy's legal team, I presume. Either way, pray, and I'll pray with you. Link to comment Share on other sites More sharing options...
Archaeology cat Posted February 24, 2015 Share Posted February 24, 2015 I'm torn. I think Anomaly has a good point, though beatitude is also right that it could be an act of charity. If you think it unwise for you to directly look at the case, you could always write in a letter stating your forgiveness. I think that's what I would lean towards, given Anomaly's points. Link to comment Share on other sites More sharing options...
Luigi Posted February 24, 2015 Share Posted February 24, 2015 There's a difference between forgiveness and helping your enemies. If you've forgiven him, you've done all you need to do. To do more would, as Anomaly says, opens you up to potential charges of conflict of interest. The courts are Church. And besides that - are you the only person on the face of the earth who can review his case? Are there no other qualified people who could donate their time? Send it to some friend of yours who could do the same job. Link to comment Share on other sites More sharing options...
beatitude Posted February 24, 2015 Share Posted February 24, 2015 There's a difference between forgiveness and helping your enemies. If you've forgiven him, you've done all you need to do. To do more would, as Anomaly says, opens you up to potential charges of conflict of interest. The courts are Church. And besides that - are you the only person on the face of the earth who can review his case? Are there no other qualified people who could donate their time? Send it to some friend of yours who could do the same job. I agree that there are sure to be other people who are capable of reading the documents. Catherine can't be the only lawyer with expertise in anti-death penalty work. But if she truly wants to do this, and she only does the work described in the post, then I don't think she could be accused of conflicts of interest (correct me if I'm wrong - I'm not a law expert). It would be different if she actually wanted to be this man's attorney. I think forgiving someone and being willing to help them are closely related, but there are different ways to help - in some cases it's better to help by pure prayer, in others it's right to get involved in other ways. Ultimately only Catherine can judge what sort of situation this is. It's a tricky issue. Link to comment Share on other sites More sharing options...
CatherineM Posted February 24, 2015 Author Share Posted February 24, 2015 My husband thought I was joking. In all honesty, there are lots of people who are willing to help those on death row who are innocent or a minority or mentally ill. Guilty white guys without money are kind of left to the public defender. Link to comment Share on other sites More sharing options...
Maggyie Posted February 24, 2015 Share Posted February 24, 2015 I think you should let someone else do it. Huge liability issues, and can you 100% guarantee you WOULDN'T be slightly biased/subconsciously miss something? Given the situation you can't. And someone's life is on the line. Were the people who asked you aware of the whole backstory? If so and they still asked you I would be side eyeing them big time. Surely they know the important thing with a review like this is fresh objective eyes. Link to comment Share on other sites More sharing options...
Anomaly Posted February 24, 2015 Share Posted February 24, 2015 My husband thought I was joking. In all honesty, there are lots of people who are willing to help those on death row who are innocent or a minority or mentally ill. Guilty white guys without money are kind of left to the public defender. I respect and understand you considering doing so prioritizing your anti-death penalty feelings above personal animosity. I don't know your particular legal profile in this, but others could easily bring up issues where you would have to defend yourself in future analysis. It could conceivably be a detriment in his case. Link to comment Share on other sites More sharing options...
CatherineM Posted February 24, 2015 Author Share Posted February 24, 2015 I don't argue cases anymore since I no longer maintain my license. All I do is read trial transcripts to identify potential appealable issues for the regular appellate counsel. As to him, I forgave him a long time ago. Right now they are investigating whether a copy of the transcript will be allowed outside the country. My work before had all been within the particular appeals court jurisdiction. A former school friend who's a DA asked me if I'd be interested. He thought I might like the chance. Link to comment Share on other sites More sharing options...
Era Might Posted February 24, 2015 Share Posted February 24, 2015 Leave the dead to bury their own dead. Link to comment Share on other sites More sharing options...
Basilisa Marie Posted February 24, 2015 Share Posted February 24, 2015 Is it possible for you to help him without being accused of bias and harming his case? If you can do it behind the scenes and really think you can help him, go for it. Link to comment Share on other sites More sharing options...
Comingback Posted February 25, 2015 Share Posted February 25, 2015 I thought about it and don't have any thoughts other than what have been offered. I just wanted you to know that you're in my prayers about this. Link to comment Share on other sites More sharing options...
cathedral monk Posted February 25, 2015 Share Posted February 25, 2015 I think be transparent, let the team know there's history between you and the client and let the team decide. Link to comment Share on other sites More sharing options...
Luigi Posted February 25, 2015 Share Posted February 25, 2015 There's a difference between forgiveness and helping your enemies. If you've forgiven him, you've done all you need to do. To do more would, as Anomaly says, opens you up to potential charges of conflict of interest. The courts are Church. And besides that - are you the only person on the face of the earth who can review his case? Are there no other qualified people who could donate their time? Send it to some friend of yours who could do the same job. I'm quoting my own post to correct it. First paragraph, last sentence is supposed to say: The courts are NOT the Church. Sometimes I type in a hurry, and I don't type all that well on my best day. What can I tell ya'? Link to comment Share on other sites More sharing options...
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