Thursday, June 02, 2005

My Third Day at the DOJ: Issues Issues Issues

Well, today was really interesting... but first, let me describe yesterday, because that was interesting too. Yesterday began with an interview with a potential witness. The crime was being a felon in possession of a firearm. The additional charge we were trying to add was trading drugs for the abovementioned firearm. To add that charge would put the guy away for 30-life, and we wanted to use that to ensure a good pleabargain. Interesting, we are trying to put this guy away for 15 years, without the possiblity of an appeal, when he hadn't yet hurt anyone. I guess the fact that I immediately sympathize with the gang member defendant indicates that prosecutorial work isn't for me. More on that, shortly. Anyway, after the meeting with the former crack-addict, gun trading witness, we met with the defense attorney. Well, he must have thought that we were on some lawyer television show, because he came in and dropped a television-worthy bombshell on us. There is no way you'll win the drugs/gun trade charge, because I know something you don't, he said. I know your witness is lying. But, I'll trade my information to you, in exchange for a more lenient plea bargain, he continued. Wow, we said. So, that was the news from yesterday. The outcome of the meeting is yet to be determined.

Today, I got my first assignment. An appellate brief to the 9th Cir. court of appeals. WOW, I said. The case: Some poor sap got caught with 170 marijuana plants in his basement, and 11 firearms upstairs. Well, this guy got a mandatory minimum of 5 years for the weed, unless, that is, he qualified for this release valve thing. The problem is that if the guns in his home were used in connection or in furtherance of the growing operation, then he can't qualify for the release valve. Well, I enthusiastically jump into this appellate brief, and I could have probably finished the whole thing in a few hours, but then I got a case of the conscences. I don't believe in the war on drugs, I don't believe in punishing people for vicrimless drug crimes, and here I am screwing this guy.... working against what I believe in. I wonder what I should do? I can't recuse myself from every damn case I get... but I bet I'll sympathize with the defendant in every one. Oy.

0 Comments:

Post a Comment

<< Home