Standing up for rights isn’t always pretty
From the Chicago Tribune:
Here’s a startling passage from author Kevin Davis’ new book “Defending the Damned–Inside Chicago’s Cook County Public Defender’s Office.”
“When I’m on trial and we’re in a truly adversarial proceeding, I hate the mother of the victim. I hate the father of the victim, I hate the children of the victim. I hate every part of it. It’s actually a terrible thing, but I can literally hate them when I’m fighting. I have to.” The speaker is Assistant Public Defender Marijane Placek, the main character in the non-fiction, fly-on-the-wall narrative. And the objects of her hatred were the survivors of Chicago Police Officer Eric Lee, 37, who left a wife and 6-year-old daughter when he was shot and killed on duty in August 2001. The trial of the man charged with that killing, Aloysius Oliver, frames the book.
“It’s a self-defense mechanism,” said Placek after I read the passage above to her in an interview this week. “The one thing you never want is a lawyer who can see both sides. If I start sympathizing with the victim’s family, I might not be able to fight. So I actually consider that a plus, in a way.”
Later, she added: “I’m a human being. Of course I’m sorry that Eric Lee died. That goes without saying. But a courtroom is a battleground. If the defendant’s family sees me talking to the victim’s family, they start thinking that I’m not really looking out for their interests and I get dissension in the ranks.”
The author, Kevin Davis, was featured in an edition of Monday Musings, right here on PD Stuff.
The Tribune article then leaves us with this question:
Once you get past your dismay that anyone could love the prospect of setting a cop-killer or baby-killer free, you’ve got to ask yourself, as Placek asked me: Would you really want it any other way?
Would you really want the poor to get half-hearted attorneys who lie down when they decide a client is guilty? Who hate their jobs and put on perfunctory defenses? Who discreetly ignore the rights and opportunities of the accused out of sympathy for the victims?
HT: Skelly
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6 comments
“Would you really want it any other way?” What a false dichotomy, either having hate in your heart in trial, or half-heartedly, perfunctorily, lying down and throwing the game. What a slap to the excellent DP trial lawyers around the country who defend zealously and battle effectively, who can see both sides, who live by the admonition to love their enemies.
Placek’s right: “hating them” really is a terrible thing. Fortunately, there is another way. There are all kinds of way to be a p.d., not just Placek’s, as Placek’s own office colleagues demonstrate. Unfortunately, their quotes weren’t deemed as noteworthy by the book’s author as hers.
Finally, maybe it’s okay for Placek not to talk to the victim’s family herself, but I sure hope that her mitigation specialist or someone else on the defense team has, and long before trial.
Stop hating (as my kid clients used to say),
Skelly
Amen. I can be a pd and not get burned out because I know that every one of my clients is a human being, with as much value as me, with individual stories. I don’t have to hate anyone to be the best advocate I can be and indeed, in really bad cases, I don’t want the jury to pick up on any waves of hate rolling off me. I want to have credibility and humanity and get people to listen to me.
Also, victim outreach saves lives. Before, during and after trial.
I agree with both of you. There are different ways of going about it and one isn’t necessarily better than the other. I, too, am of the school of thought that you don’t have to “hate” anyone to be the best attorney you can be. In fact, some of the best pds I know are the nicest people and are extremely genial in court.
From Kevin Davis, author of Defending the Damned
I fear that many have taken Marijane’s quote about “hating” the victim far too literally. As she explained, it’s a mechanism to shield her from thinking about the victim so she can intstead focus on what really matters to her, which is her client. I don’t believe she has deep hatred in her heart. It’s an act. But I am not here to defend Marijane, who’s certainly capable of doing that herself. She is indeed a provocateur who relishes making such bold statements. My point in using that quote was to show how one public defender chooses to handle her cases – not all public defenders.
So I take issue with Skelly’s comment that the author did not find her colleagues quotes as noteworhty. Throughout my book are dozens of other lawyers discussing their work in a much diffent way. In fact, Marijane’s co-counsel, Ruth McBeth, is quoted about her feelings of compassion toward the victim’s family. There is an entire chapter in which I include interviews with lawyers about trying to save their clients from a death sentence and how they try to navigate the difficult emotios that come with it.
My intention in writing Defending the Damned was to portray a few real public defenders, warts and all, and not to potray all public defenders as the same, or to perpetuate stereotypes. A careful reading of the book will reveal that I have a deep respecet for public defenders and celebrate their work rather than diminish it. I have never met a more brave or committed group of lawyers.
Finally, I state very clearly early in the book that the lawyers portrayed within its pages are not representative of the professional at large, but a small sample of those willing to speak frankly and openly about it. I always welcome comments, criticism and new insights.
I’m glad to know that people are talking about these issues and hope that such a discussion reaches beyond those in the profession to outsiders who should know about the noble work that you all do.
Fair enough. I’m looking forward to reading the book (and not just relying on book reviews!)
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