Intemperate Lawyer, or Just Zealously Representing His Client?

The Boston Globe (with a hat tip to the ABAJournal) reports on the jailing of a CDL (criminal defense lawyer) who was slightly intemperate during a jury empanelment.  Here's the story:

"The fiery attorney who represented former Boston city councilor Chuck Turner in his bribery trial is now headed to jail himself, [Barry P. Wilson (pic) was] sentenced yesterday to three months behind bars after drawing the ire of a judge during jury selection for a murder trial earlier this month.


'Mr. Wilson, your behavior before me two weeks ago was atrocious,’ said Suffolk Superior Court Judge Patrick F. Brady to Barry P. Wilson. He called Wilson’s conduct 'the worst I’ve seen in 20 years on the bench.’  Wilson, a criminal defense attorney who has practiced law for almost 36 years, recently shaved his trademark scraggly gray beard, but he replied to the judge in his well-known booming voice and effusive manner.

'I don’t think my conduct was egregious or out of line in terms of what occurred in court,’ [Wilson] said.

[ . . .]Wilson also represented Garrett Jackson, who was sentenced Tuesday to life in prison for killing a rival drug dealer. During the jury selection phase, Wilson lashed out at the court’s decision to seat a man with a law enforcement background, after dismissing a woman who told the court that her two sons had criminal records.

'How can I look at my client and say he should think this is legitimate after you make a ruling like that and you excuse a woman who had two children. . .’' Wilson told Brady during the May 5 empanelment.

'No way I’m gonna try a case with that man,’' he said referring to the former Department of Homeland Security employee Brady chose to sit on the jury. 'That’s ridiculous. Fifteen years as a federal agent and he’s gonna be unbiased? Are you kidding me? I can’t do it, I won’t do it.  And the other thing is I think maybe if he’s standing outside there you better go ask him if he heard me screaming because I think you gotta excuse him now cause I think he knows I don’t like him,’  Wilson said, according to a typed transcript provided by the Suffolk County District Attorney’s Office.

Brady replied, 'Mr. Wilson, is there some reason why I should not hold you in contempt?’"
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As you might imagine, a number of local Boston CDL came to Barry Wilson's defense. 

I've seen this sort of thing a number of times over the years, and in one instance was the object of a Judge who wildly accused me of similar conduct, although the transcript did not reflect any disrespectful behavior and contempt was not sustained.  I suspect that Mr. Wilson's reputation for this sort of thing played against him.  Of course the defense is always:  I was zealously representing my client.  This used to play, unfortunately the rules of ethics have been moving away from this fig leaf for intemperate behavior and language. 

But good for Barry Wilson.  Pay the price and get back to work. 

Drunk Lawyers in the News--Sleeping In Court Is No Way to Build a Practice

Scott Margherio is out of jail and on his way to some serious disciplinary problems with the Illinois Bar if not outright loss of license.  Margherio, according to a Complaint by the Illinois disciplinary authorities showed up for court blitzed and after lying to the judge about his state of inebriation, ended up in jail.  What follows is from the complaint (via the Legal Profession blawg):

"At approximately 9:00 a.m., on [Friday] October 1, 2010, [attorney Margherio] appeared in the circuit court of Hardin County, Illinois, with the intention of entering his appearance for a defendant in a criminal case.   [ . . . ] When [Mr. Margherio] entered the courtroom, he smelled of alcohol. While waiting for the defendant’s case to be called, Respondent slept at counsel table and then staggered when called to the bench by the presiding judge, the Honorable Paul Lamar.

[ . . . ] Judge Lamar questioned [Mr. Margherio]  about his alcohol use and Respondent denied using alcohol that morning. Respondent agreed to submit to a Breath Alcohol Content ("BAC") test, which showed a breath alcohol content of .06.

[ . . . ] Judge Lamar subsequently held a contempt hearing and found Respondent in direct criminal contempt. The judge sentenced Respondent to be held in the Hardin County jail until Monday, October 4, 2010, at 10:00 a.m. The judge subsequently modified the contempt order to allow Respondent to be released on Sunday, October 3, 2010, at 4:00 p.m."
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The ethics complaint against Margherio (at the link his website) also alleges that he lied on his Application to take the Illinois Bar Exam by failing to disclose a DUI conviction.  If sustained this latter "count" will probably cost Margherio his law license under the character and fitness requirements of the the state.  Although in OurCounty there is a sitting judge and former flame-throwing prosecutor who long ago was revealed to have done precisely the same thing.  Different era, I guess.

Sir, You Are a Really Bad Man, Go to Jail for 1 Day and Don't Do It Again!

The Columbus Dispatch is reporting on the 1 day jail sentence meted out by U.S. District Court, Senior Judge Peter C. Economus.  Economus ordered Ryan K. Blankenship to serve 1 day followed by 5 years of probation for defrauding lenders who provided loans for central Ohio properties in 2006 and 2007.  This unusual sentence was recommended by the AUSA and reflected Blankenship's cooperation in the investigation of the fraud he helped perpetrate.  Nice deal. 

An excerpt from Kathy Lynn Gray's story for the Dispatch follows:

"Cheating on loan applications and lining his pockets with kickbacks sent a former Gahanna mortgage broker to federal prison today, but just for a day.  During a hearing in U.S. District Court, Senior Judge Peter C. Economus ordered Ryan K. Blankenship, 43, to spend a single day behind bars for defrauding lenders who were providing loans for central Ohio properties in 2006 and 2007. [Judge] Economus also ordered [Mr. Blankenship] to pay $617,869 in restitution and be on probation for five years.

Blankenship pleaded guilty in June to bank fraud and money laundering.

Economus issued his sentence at the recommendation of Assistant U.S. Attorney Brenda S. Shoemaker, who said Blankenship had not organized the loan scheme and provided significant information about others involved.  [ . . . ]

Investigators from the IRS, U.S. Housing and Urban Development Department, and Columbus police had combed through records at Blankenship's Household Mortgage Solutions in Gahanna after uncovering the scheme. [ . . . ]

Court records show that the fraudulent loans totaled $1.5 million for the properties and a loss of $617,869 to the lenders. Blankenship collected $87,881 in payments and kickbacks, the records show.
Blankenship has left the mortgage business and now owns a fitness center, court records show."
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I knew a number of guys at FCI, Morgantown who would have benefited from this sort of sentencing.  It's practical, wise, and consistent with what I've come to believe sentencing in certain white collar financial crimes should be about.

Georgia Judge Was a Hard Working Lawyer, Maybe Too Hard Working

Gwinnet County, Georgian Judge Rodney Harris was a hard working public defender. Records he submitted for payment indicate that he could work and bill 24-hours a day. Now I know we've seen lawyers "value-billing" for 24-hour workdays, but actually working all around the clock--that's a trick. I have a feeling the Atlanta Journal-Constitution investigation into Judge Harris' billing practices prior to the time he took the bench have just cost his Honor a little heartburn. We shall see. Here's an excerpt from reporter Andria Simmons' story:

"Working more than 24 hours in a single day is an impossible feat. But an internal audit released Thursday found that a  Gwinnett Recorder's Court judge billed the county for just such a thing three times while he was a court-appointed indigent defense attorney.   Rodney Harris also would have had to work between 60 and 70 hours a week with no break to have rightfully earned the $1.1 million for which he billed the county between 2005 and 2010, the audit found.

Harris said Thursday 'At this point I don't have any comments to make.' He said he would make a statement in the future."
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Well, at least there is one Georgian who knows how to shut his mouth, when mouth-shutting is called for.

Is an Indictment Next for Lance?

News sites are reporting that former Olympic Champion road racing cyclist Tyler Hamilton told CBS news that he saw Lance Armstrong doping, using the blood boosting cancer drug EPO during the 1999 Tour de France.  As I previously reported reliable sources in the cycling world suggest that Lance is the target of a criminal investigation into wire and mail fraud relating to his use of performance-enhancing drugs. 

According to knowledgeable sources a federal indictment is imminent and will involve accusations of fraud relating to hundreds of millions of dollars.  In essence the claim will be that over the decade in which Lance dominated the sport of cycling (Armstong won the Tour de France 7 times) he fraudulently obtained hundreds of millions of dollars in sponsorship deals while representing that he and teammates with the US Postal Service were riding clean.  In one particular case Lance engaged in civil litigation resulting in his deposition during which he asserted that he did not use performance drugs.  Former lieutenant, Floyd Landis, an admitted liar contradicted Armstong's claim of riding clean.  The claims contained in the interview Tyler Hamilton, an Olympic gold medalist gave to CBS are more troubling.  At the link CBS provides a video samply for the upcoming 60 Minutes interview with Tyler Hamilton.

The problem with all the witnesses against Lance Armstrong is that thus far each witness quoted in the press--has himself engaged in prohibited performance enhancing doping.   But as we saw with Barry Bonds problematic witnesses are not a bar to obtaining a conviction for doping in sports.  Unlike Bonds, Lance is looking at something much heavier than lying about drugs, he's looking at potential decades in prison for financial fraud. 

Oh, No--Fraudulently Hiding Your Marital Assets During Your Divorce Has Nothing to Do With Your Character and Fitness to Practice Law



Kantro is the guy on the right



The ABAJournal had a link to this story from reporter Louis Hansen at PilotOnline.com about a now-disbarred Norfolk, Virginia lawyer:

"A three-judge panel has revoked the license of a Norfolk lawyer for misconduct during his personal divorce case.  The panel found that Mark Kantro hid $161,000 in income from his former wife during their divorce, according to civil court records.

Allan Zaleski, a lawyer for Kantro, said he planned to appeal.  The discipline is unusual because the facts related to the revocation are from a personal divorce, not mishandling a client's case, Zaleski said.  'This had nothing to do with his performance' as a lawyer, Zaleski said. [ . . . ]

Kantro received $161,000 payment for legal fees in January 2005 and gave $150,000 to his mother to open an account under her name, court records state. Although he was legally required to disclose the income in the divorce, he did not for more than two years, court records state.

The panel found Kantro violated eight rules of conduct and revoked his license. He may apply for reinstatement with the Virginia Supreme Court in five years, according to the state bar spokesman.

A state bar committee investigated the case.  Kantro has an office in Norfolk and practices criminal and civil law."
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Disbarment in Virginia is a mandatory 5 year suspension at which time, Kantro can apply for reinstatement.  The Virginia authorities give him until June to wind up his practice.

Bankruptcy Law Firm Banned From Practicing Bankruptcy Law In Central Florida Bankruptcy Court, That Can't Be Good

An Orlando Sentinel story reports on the Order of U.S. Bankruptcy Judge Arthur Briskman banning the multi-state law firm of Kaufman, Englett and Lynd (at the link their laswfirm website) from practicing bankruptcy law in Central Florida.  He appears to be motivated by professional wrongdoing by one of it's attorneys.  This is an excerpt from reporter Bianca Prieto's story: 

"A series of  'missteps' and 'lack of diligence' by a lawyer practicing with Kaufman, Englett and Lynd has prompted a United States Bankruptcy judge to bar the firm and the lawyer from practicing in Bankruptcy Court in the Middle District of Florida until further notice.



William Sanchez

U.S. Bankruptcy Judge Arthur Briskman signed the three-page order today after Attorney William J. Sanchez, who is representing an Orlando couple in a bankruptcy case, failed to appear in court today despite a court order he attend the hearing.  Instead, Andrea G. Dwyer, another lawyer with KEL, attended the hearing. Dwyer said Sanchez did not attend the hearing 'because he was attending to other matters,' the order stated. It's not immediately clear what those matters were.

The order barring the firm from practicing in the court means KEL will not be allowed to file paperwork in any case until the issue with Sanchez is resolved. It's unclear how many cases will be affected.

The firm is allowed to interact with the bankruptcy court to sort out the current issue, which was not specified in the order.  A statement issued by KEL said in part that the firm is working to 'make amends with the Court.' [ed. how about making amends to the clients?]  The law firm recently bought the advertising space at the top of a downtown Orlando high rise on Washington Street at Magnolia Avenue. The firm has offices in several states across the U.S[.]
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The Bad Lawyer, myself, represented thousands of injured workers and in the last decade of his active career many employers in OurState workers' compensation courts.  There were many lawyer-malefactors who routinely ignored hearing notices, filing requirements, rules and regulations with impunity.  Currently within this world one law firm stands out as particularly egregious, but it's going to take an Order like the one issued vis-a-vis KEL to put an end to their abusive practices.   I'm sure lawyers in every venue and in every practice-area have similar stories.

More Will Be Revealed . . .Prosecutor Jennifer Troiano

The other day, the Bad Lawyer was in a slight froth over the tabloid slamming of the Bronx ADA (assistant district attorney) charged, but not convicted of drunken driving.  I speculated that Jennifer Troiano (pic) had alienated someone with the Cops--turns out this was a good guess.

The New York Post published a follow up, the other day, reporting that prosecutor Troiano had ticked-off cops when she "boasted" that her connections would "take care of [the charges.]"  Separately, NYC cops are dealing with a scandal over alleged ticket fixing including wire-taps of at least one officer involved in making drunk driving allegation go-away.  Putting two and two together, you can see the motivation for dropping the dime on Ms. Troiano.

Part of the reason that this story caught my eye was that a young, fairly attractive lawyer was being pissed on by the Cops who in my experience would be falling all over themselves to cover-up for her.  Of course, the other part of it is that charges are not convictions--and,  this young professional is trashed on the front pages of a huge American newspaper over allegations of misconduct, well, it seems a wee bit over the top.  On the  otherhand, Ms. Troiano needs to get help, professional and otherwise if she wants a law career, nad the kind of help that she doesn't get by having a higher up "take care of it" for her.

National Conference of Catholic Bishops: It Was All That Permissiveness, That's All

A study commissioned by the Catholic church which is being released to today, entitled “The Causes and Contexts of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010.” concludes it was all that 60s and 70s permissiveness that caused the clergy sex abuse scandals.  At the link you can read the Washington Post's take on the report.  According to Michael Boorstein, a reporter at the Post, the commissioned research concludes that the scandals were "a temporary problem caused by poorly trained seminarians, bishops who focused too little on victims and a permissive culture in the 1960s and 1970s that saw the rise of divorce, marijuana experimentation and robbery."   This is, of course garbage.  The report for the National Conference of Catholic Bishops (NCCB) is historically wrong but precisely the sort of thing those of us who pioneered the exposure of this scandal of come to expect.  It's just another outrage.

At the link, the reponse of Survivors Network of Those Abused by Priests (SNAP.) 

Annals of Really Stupid Criminals: DNA Innocence, Well Maybe Not

A report by Peter Busch at KPHO CBS 5 News is worth considering.  Timothy Boles, a convicted rapist demanded DNA testing and you guessed it--he was guilty.  But more than guilty, the DNA evidence linked him to an unsolved 1991 rape of a twelve year old.  Good one, Tim.  Enjoy your life sentence.