Testimony Of The Week

Oswald Defense Lawyer: So how does a gang member robbery look any different to a non-gang member robbery?

Police Gang Expert: I'm assuming you're talking about through the eyes of the victim or through the eyes of the investigator? Whose eyes are you talking about?

ODL: A fly on the wall.

Prosecutor: I'm going to object to this. If we're going to start off with these argumentative questions, I think you should admonish Mr. ODL. Let's try to get the answers done, get the elements of the crime, put on a defense, don't argue.

Judge: I'm not sure that was argumentative. I'm not sure it's terribly relevant either, but---I'll overrule the objection. (To the witness) Go ahead. You may answer the question.

Police Gang Expert: To a fly on the wall, I would imagine it wouldn't look very different.

ODL: So maybe a little bit different?

Police Gang Expert: To a fly?

ODL: Right.

Police Gang Expert: I'm assuming not, but maybe to someone who had thoughts or---analyze things, probably a little bit.

ODL: Then a smart fly.

Judge: I think you crossed the line here, Mr. ODL.

Are Children Different?

So my client was found guilty of second degree murder with enhancements for firearm discharge, gang-relatedness, and shooting from a car. Also attempted murder (with the same enhancements), shooting at an occupied dwelling (multiple counts, with the same enhancements), etc., etc.

Now that's been decided, the next question is; does the United States Constitution permit a sentence of life without parole for crimes committed when the defendant was fourteen years old? Sometimes? Never?

Fruits and Thorns

"[Juveniles] are not permitted to vote, to contract, to purchase alcoholic beverages or to marry without the consent of their parents. It seems inconsistent that one be denied the fruits of the tree of the law, yet subjected to all of its thorns."

Workman v. Commonwealth of Kentucky, (1968) 429 S.W.2d 374, 377.

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