An "assistant district attorney" is an important sounding name and it is an important role in society. A lawyer passes the bar examination after the grueling ordeal of law school and now, young and inexperienced, takes a state job. It is not glamorous, nor does it pay like the private sector. There are, at times, an overload of small cases that require adjudication and not enough ADAs to complete the work.
It is often thankless work, as well. The prosecutors' office hires young lawyers out of school and thus begins the process of learning.
It is often thankless work, as well. The prosecutors' office hires young lawyers out of school and thus begins the process of learning.
He then is given cases in which he must decide to:
a. take to trial
b. seek a plea bargain
c. refuse to prosecute
This young attorney begins his career with a record of 0-0, that is, no wins, no losses. For some, plea bargains are counted as wins, while some observers would prefer to count them as draws.
If the young prosecutor begins to amass a strong record, in just a few years, he will be offered a position in the private sector where his salary will double, triple, or more, quite quickly.
The money to be made in the private sector drains off the talent from the district attorney's office. Sometimes those "left behind" lack talent, or courage, yet other times, they willingly stay behind as a strong commitment to justice drives them.
For all district attorneys (assistant, and for assistant attorney generals) there is an element of self interest.
No one likes to lose.
Some prosecutors will buckle at the knees when a story hits the media because they know it will draw in high priced, powerful and influential attorneys who will take the case "pro bono", that is, for "free", and seek to profit off the publicity.
This will drive investigators into depression. They have worked long and hard on a case, and want to see the fruit of their labors, only to have prosecutors tell them, "we need more evidence", causing them to suspect that the prosecutors involved, fear a private attorney. It may be true, or it may be that the prosecutors do not feel they can "win" the case due to the need for more evidence.
This appeared to be the case of Baby Lisa.
Deborah Bradley tripped, stumbled and fell over her own story of 'kidnapping' and had obviously caused her daughter's death and was lying about what happened. The case appeared close to arrest when New York famed attorney, Joe Tacopina, arrived, "pro bono", and 'shut the case down.'
Tacopina, recently, showed his dissatisfaction with the end of publicity when he either deceived Fox News, or they collaborated with him, to create a false "buzz" and have a program now dedicated to "showing" that Deborah Bradley was truthful about the kidnapping. She was not.
They brought on a hireling who was billed as the "nation's top lie detector" who's own language showed: he did not believe what he, himself, was asserting. That is, "deception indicated" in the analysis. Philip Houston embarrassed himself on national news, but he did get the one hour program, which then can be used to advertise his services.
Yet, the team got more national exposure and Fox News appeared foolish.
Baby Lisa remains unburied and Deborah Bradley remains free.
In the case of Hailey Dunn, 13 year old murder victim, a local connected 'hot shot' attorney, replete with his own record of death, drugs and weapons, made a lot of noise and in spite of an abundance of child pornography and bestiality, which would have served some justice for Hailey, seemed to shut the case down. Originally, investigators were told, "we need the body" but once that was found (it was only a matter of time), still no arrests of Shawn Adkins and Hailey's mother, Billie Jean Dunn.
We still do not know why no arrests have been effected.
There is one man who should be honored today, however, in the role of prosecutor, for having the courage to go forward in a sickening case.
Montgomery County Assistant District Attorney, Rob Freyer.
"When you do something like this in Montgomery County, Texas, and we can prove it, there will be consequences for your actions," Rob Freyer said.
What did someone do?
A 13 year old teenager kidnapped an 8 year old boy, tied him to a tree, doused him in gasoline, and set him on fire.
The little boy, Robert Middleton, survived the attack and identified his attacker as 13 year old Don Collins.
Prosecutors declined to charge Collins on what they said was "a lack of evidence." We later learn that other kids, upon maturing, came forward to report what Collins had done to them, as well.
The story does not end there. For the next 13 years, the little boy, who had burns over 99% of his body, and was severely disfigured, underwent more than 150 surgeries. He finally died from skin cancer, as a result of the burning, in 2011.
Listen to this quote from one prosecutor: "It makes me sick to look at him. Collins is a sick, disgusting, vile human being."
Note the need to include that a human is a "human being", which, in Statement Analysis, is "unnecessary information" which is then deemed "doubly important" in analysis.
Sheriff's investigators arrested Collins for the crime in 1998, and he spent six months in the Montgomery County Juvenile Detention Center. Prosecutors suspended proceedings while Middleton recovered, then dropped charges in 2000. The case languished until the Middletons won their civil suit against him, which culminated in a symbolic $150 billion verdict that brought new evidence to light.
Montgomery County Attorney J.D. Lambright brought new charges against Collins and sought a ruling from District Judge Kathleen Hamilton that he be tried as an adult. In 1998, juveniles 14 and older could be tried as adults. A change in state law lowered the age to 10, though prosecutors agreed that the maximum penalty would reflect his juvenile status at the time of the crime.
Prosecutors argued that Collins, now 29, burned Middleton to prevent him from telling anyone that Collins had sexually assaulted him two weeks earlier. Robbie did not disclose the previous assault to parents or law enforcement until giving a deposition shortly before his death. This is the silent "shame" that victims so often carry, which poisons their bodies and their minds. Robbie also said Collins had repeatedly assaulted a cousin, too.
Prosectors had to deal with frustrating "technicalities" such as the tossing out of statements made by the killer in which the room the statements were made, was not yet "approved" by the Texas Juvenile Justice Department Board. It was approved after. This in spite of the judge ruling that investigators did not violate Collins' rights in the interview. There was much to overcome.
During the trial Freyer said,
"Let's face it, in the years I've been doing this, I've seen pretty much everything. These officers have seen just about everything, but obviously, it's very very tough to look at somebody who was so badly burned,”
Prosectors had to deal with frustrating "technicalities" such as the tossing out of statements made by the killer in which the room the statements were made, was not yet "approved" by the Texas Juvenile Justice Department Board. It was approved after. This in spite of the judge ruling that investigators did not violate Collins' rights in the interview. There was much to overcome.
During the trial Freyer said,
"Let's face it, in the years I've been doing this, I've seen pretty much everything. These officers have seen just about everything, but obviously, it's very very tough to look at somebody who was so badly burned,”
Take a look at Robbie's photos, before and after the assault. It is sickening.
Here we have a prosecutor's office where justice and courage trump self interest.
Montgomery County Chief Prosecutor Rob Freyer followed Bond with an impassioned plea to jurors that they convict Collins.
Later, Freyer walked over to the defense table and glared at Collins, prompting Bond to jump out of his seat and ask Hamilton to order Freyer away from his client. When the judge declined, Freyer walked behind the defense table and stood inches away from Collins, who turned in his chair to face Freyer and looked up at him.
Bond again objected and the judge ordered Freyer to remain in front of the table.
"Today that little boy gets to hit back," Freyer said, referring to Middleton. Pointing at Collins, he said, "Today is the day that you pay."
It is difficult to reman seated reading these quotes while I want to stand and cheer.
Three cheers for Rob Freyer and his team.
Rob Freyer, no doubt, had a lengthy battle on his hands. Not only had he prove his case (the Jury took four hours to find Collins guilty) but he had to overcome the defense, technicalities, and, as you read the description of him in court: his own righteous indignation.
The bully did not get away with it; thanks to Rob Freyer.
Join me in congratulating Rob Freyer and the courageous team from Montgomery County, Texas, in seeking and finding justice for a little boy who cannot speak for himself.
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