
A Blow To The Defense
In courts across the U.S., the Sept. 11 attacks are giving prosecutors and police the upper hand
By ADAM COHEN

Nov. 5, 2001
There are no hard numbers yet on how much the new climate may be
increasing conviction rates. But lawyers nationwide are exchanging
stories. In Houston a week after the attacks, a Mexican defendant
convicted of delivering 40 lbs. of heroin was sentenced to 61 years,
not the 30 he was expecting. "Everyone was shocked," says his lawyer,
Stanley Schneider, who blames Sept. 11 backlash.
Doug Allen, a
Claremont, Calif., attorney, says he recently had his client--accused
of trespassing in a restricted area and then trying to run down a
security guard--plea-bargain. Before the attack, he would have gone to
trial. "You're really in trouble with those facts because everyone is
real sensitive to people being where they don't belong right now," he
says.
Sept. 12 wasn't the best day
to face charges of killing a cop. That's what lawyers for onetime Black
Panther H. Rap Brown, now known as Jamil Abdullah Al-Amin, figured when
they got his trial, for shooting a Georgia deputy sheriff, pushed into
next year. "To continue at such a time would be--well, I hate to say
suicidal, given what happened on the 11th," says Al-Amin lawyer Jack
Martin. "It would be ill advised."
The terrorist attacks have produced collateral damage in an unexpected
place: criminal courtrooms. It's not hard to see why Al-Amin, an
Islamic clergyman who shows up at trial in traditional Muslim robes,
would be worried about facing a jury right now. But legal experts say
the impact goes beyond Muslim defendants or even immigrants. Suddenly
the balance between prosecutors and defendants has swung, particularly
in cases in which now lionized police officers are witnesses.
Call it the reverse-O.J. effect. After Simpson's criminal trial, the
Los Angeles police department's bungling of DNA evidence left jurors
around the country skeptical of prosecutors. Add well-publicized
problems with the FBI's labs and police-brutality scandals in New York
City and Los Angeles, and "the law-enforcement community was tainted,"
says DeKalb County, Ga., district attorney J. Tom Morgan. But since
Sept. 11, jurors have made a U turn. "There was a time when I'd ask
people, 'If the government made it, it must be blank?' And in the past
that blank would come back with 'overpriced' or 'unreliable,'" says
Houston defense lawyer Troy McKinney. "Today it's more likely to be 'If
the government made it, it must be good.'"
In Cincinnati, Ohio, defense attorney Martin Pinales says he's going
slow on a fraud case because, in these anthrax days, the
postal-inspector witnesses against his client may have extra
credibility. The halo effect may even reach to cases in which police
are defendants. Robert Jorg is on trial in Cincinnati for the
choke-hold death of a 29-year-old black man. The case is proceeding as
planned, but prosecutor Mike Allen is worried his chances of winning
may have declined. "It's always hard to win a conviction against a
police officer," he says. "It's going to be more difficult now."
The attack is even affecting civil cases. Joseph Rice, a San Francisco
jury consultant, says his mock juries are suddenly more skeptical of
personal-injury lawsuits. They are coming in with lower
emotional-distress awards in product-liability cases and telling him
it's because the plaintiffs' pain and suffering do not compare to what
they saw in the World Trade Center collapse.
Lawyers, in closing arguments, are urging jurors not to take their
frustration out on the defendants. And they are trying to remind them
that cops aren't perfect. "The answer to that is you can be heroic in
one minute, perjurious in the next, depending on what your goals are,"
says David Lewis, the lawyer for a 1993 World Trade Center bombing
defendant. Still, defense lawyers say Sept. 11's impact may not be all
bad. Robin Steinberg, director of Bronx Defenders, a New York
public-defender office, says world terrorism may make jurors question
if it makes sense to devote so much energy to petty crime. She worries
that cops testifying against her clients may benefit from extra
goodwill, but she says it could be worse. "If it were fire fighters
testifying," she says, "that would be terrible."
— With reporting by Greg Land/Atlanta, Michelle McCalope/ Houston and Sean Scully/Los Angeles
|