Slight of hand in conviction land
How I got a conviction using leverage, law, and a SLIGHT bluff
“I’m ok with dropping it. We can’t get them all.”
That was my supervisor. I walked in his office with the bad news. The star witness of my upcoming trial was dead. Murdered*. His death also meant his cousin, my OTHER star witness, did not want to testify. Well shit.
I was screwed. The only other person who could testify was the defendant’s boyfriend. We were unable to find him for HIS prior cases, and thus had to drop them. Were we really going to find him now to testify against his girlfriend?
Finding the boyfriend was the only way to keep the case going. I wanted to nail this girl. I had her on camera shooting at a rival gang member. However, the camera was too far away for anyone to identify her BUT her boyfriend, or the dead person, or the dead person’s mom. Damnit.
For as hardo as I am, my moral compass does not allow me to prosecute people unless I feel I can get a conviction. The stuff no one tells you about being in the criminal justice system is that most people are guilty. Occasionally there are issues and cases get overturned, like this. Mostly it is people doing stupid stuff and state/defense have to decide how much we care.
I care about untrained street trash firing a weapon. They never have training, and many times the bullets hit unintended targets. Is there nothing else I can do?
Looking at something with fresh eyes usually leads to a better outcome. I went to a senior attorney I trust and gave him the TL:DL. His response:
“Why did you not charge this or this?”
BINGO.
Adding charges and amending the charging document is a great tool for prosecutors. I added two felony counts. This gave me bargaining chips and leverage. I was screwed when I had one charge. Three charges gave their side something to think about.
I reached out to the boyfriend. YOLO, right? Somehow our team found the guy. Not only that, he called our office to talk. WHAT?!?
System secret: many cases hinge on a significant other. Defense usually wants the case over fast in case there is a break-up. Smart prosecutors probe for relational strife. I spoke with the boyfriend and probed. No, relationship was great! But yes, I’ll testify. What?**
Shoot first, ask questions after. The code of the streets and how I take good news. We set up a meeting, and I let him know the date of the trial.
I then let defense know I had the boyfriend as a participatory witness.
Did I? Boyfriend said he would come in. Would he?
I sent defense a revised offer that had defendant plea to one of the lesser counts. It would be a conviction with heavy restrictions, including a BUTT LOAD of community service.
System secret: almost NO ONE finishes their community service. In fact, people in court usually drop their jaws when someone completes ten hours. My defendant was going to perform MULTIPLES of that. Good luck ma’am.
Date of the trial comes. Defense asks for a continuance, tells me they need time to review the new charges. Defense also hints they are interested in the offer.
My star witness, the boyfriend? Did not show up to the trial. In fact, he said he was stuck in traffic. I never heard from him again.
Two weeks later, defendant accepted my offer. Defendant would not go to jail, but I set her up to either be perfect for years…or head to jail.
Would I have preferred jail? Absolutely. Am I happy that I got a conviction when I was thisclose to dropping the case? Absolutely. I got the W, and that is all that matters.
*The murder was unrelated to my case.
**I am guessing the relationship was on the outs, hence reaching out to my office.