On the one hand, the idea of prosecutors using social media to troll criminal defendants feels problematic. On the other hand, this is hilarious.
The anonymous Twitter handle @MotiontoLit took to Twitter to keep us all up to date on his latest trial. In a sense, this is just the 21st century equivalent of the deeply democratic principle of keeping court proceedings open to all. Though it does seem like exclusively hearing the prosecution’s running commentary skews things a bit.
I have mixed feelings about the pro se world. I agree wholeheartedly with the critiques forwarded by Judge Posner and James Sandman that the courts are unduly hostile to litigants, making justice functionally inaccessible as the cost of legal representation continues to rise. Though I also agree with Judge Posner that a lot of these pro se litigants are vexatious cranks. In the criminal context, where even indigent defendants can get access to attorneys, the only people who go it alone are folks who’ve devoted a lot of time and energy to becoming a proficient armchair lawyer and people who are about to crash and burn. This is the story of that second type.
In fairness, based on how the rest of this story goes, the state probably did waste a lot of time on voir dire.
Apparently, a fool and his freedom are also soon parted. I’m beginning to think this case could have really benefited from a defense attorney.
I think what he’s trying to say — I hope — is that the prosecution claimed that defendant’s testimony was unreliable, but if the video evidence is also inconclusive, then the prosecution has failed to meet its burden. But since this appears to be a drunk driving case, this might not be the most felicitous phrasing.
Remember when that guy showed up to his own disbarment proceeding dressed as Thomas Jefferson? Or the lawyers who tried to get away with pajamas or nothing at all? I think we can cut the defendant some slack for a tracksuit. Though why anyone would want to look like Paulie Walnuts in front of a jury is beyond me.
The defendant was found guilty on all counts. Probably because he admitted to drinking 3 shots and 2 beers.
Congrats.
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.