Inn examines what to do when a guilty client proclaims innocence

Chuck Otey's Pro Bono Barrister

March 31, 2015 By Charles F. Otey, Esq. Brooklyn Daily Eagle

Justice Arthur Schack. Eagle file photo by Mario Belluomo

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When the Kings County chapter of the American Inns of Court gathers March 31 for its regular CLE-accredited session, a distinguished panel — led by Appellate Division Justice Sylvia Hinds-Radix and Paul Weitz — will demonstrate a lawyer’s options when a client in a criminal case vacillates on a plea proposal.

Titled “But Wait: I’m Actually Innocent,” a randomly assembled drama troupe — also composed of Hon. Barry Kamins, Michael Fishbein, Sara J. Gozo, Marc Held, Susan Ianelli, Jonathan Klein, Susan B. Master and Maria Morano — begins its performance at 6 p.m.

Inn Administrator Lucinda DiSalvo reminds all members that, keeping up with the inn’s collegiality theme, there will be a “very delicious buffet” starting at 5:30 p.m.

At each official meeting, a selected inn team tackles a topic — often taken from actual courtroom testimony — to raise points of law and provide younger members an insight into what actually takes place in a courtroom.

Initially, inn meetings were held in a courtroom at 360 Adams St. Over the last few years — due to reduced staffing in the courthouse — extracurricular functions have been evicted and the Kings Inn, led this year by President Dave Chidekel, now stages its sessions at Brooklyn Bar Association (BBA) Headquarters, 123 Remsen St.

President Chidekel notes that new barristers, in particular, benefit from the inn presentations.

“Our young leaders really learn from watching top-notch lawyers in actual courtroom scenes,” he said. “In addition, each member becomes part of a team and has the opportunity to act out a significant role.”

Here are some of the shows, including team leaders, that have been offered by the inn over the past year or so:

• “Decisions that Make (or Break) the Case” — Justice Arthur Schack, Hon. Edward Rappaport and Jon Besunder

• “Stop & Frisk: From Jay-Z to Judge Scheindlin” — Justice Sylvia Hinds-Radix, Judge Joann Quinones and Larry DiGiovanna.

• “It’s a wonderful Profession” — Acting Justice Miriam Cyrulnik and Joseph Rosato.

• “Oral Advocacy: The Good, the Bad and the Ugly” — Hon. Cyrulnik and attorney Rosato

Other inn officers are President-Elect Justice Schack, Counselor Hon. Cyrulnik, Treasurer Besunder and Secretary Hon. Hinds-Radix. Immediate past president is Justice Ellen Spodek.

Brooklyn Bar Has Busy Lecture Schedule in April

The BBA’s CLE program, under the direction of Danielle Levine, is offering a number of programs during the coming month, starting out with a popular topic: “Nuts & Bolts of Running a Political Campaign.”

While the April 13 lecture, getting underway at 6 p.m. at BBA Headquarters, won’t offer CLE credit, it will provide lawyers with valued insights into the particular — often arcane — rules and regulations governing various election procedures. Participants will also have an opportunity to discover the special dos and don’ts facing candidates for judicial office.

The BBA very recently (March 25) presented a special “So You Wanna Be a Judge?” evening chaired by Hon. Frank Seddio, who also serves as Kings County Democratic leader. Those who attended the earlier program are likely to attend the April 13 lecture to probe the possibilities and liabilities facing lawyers who represent political aspirants.

Staten Island Garner Case Spurs Action By Our Top Judge

No legal topic has garnered the amount of discussion, controversy and anger that followed a decision by a Staten Island grand jury to return a “no true bill,” rejecting the possibility of prosecuting the police officer whose alleged chokehold resulted in the death of Eric Garner.

Some believe the Garner case might have inspired Chief Judge Jon Lippman to urge changes in our grand jury system. Directly referring to Staten Island District Attorney Dan Donovan, Judge Lippman said that there is a perception that certain prosecutors “are unable to objectively present to the grand jury cases arising out of police-civilian encounters.”

“Such perceptions, while broad brush, clearly can undermine public trust and confidence in the legal system,” Lippman noted in his annual “State of the Judiciary” address. “To me, it is obvious that we need significant change in grand jury practices and protocols in the world we live in today.”

One change he called for would “improve on” the current practice in which a judge issues preliminary instructions, then turns the case over to a grand jury. Judge Lippman believes the secretive process would be made more transparent if a judge were “physically present in the grand jury room” to rule on legal matters, question witnesses and take a proactive role in preceding inadmissible evidence.

In addition, he would have the presiding justice give final instructions to the jury members after they have been completely selected.

Will Voters Consider Garner Case in Donovan-Gentile Race

Donovan’s critics — apparently, in the minority on Staten Island — have remained livid following the Garner grand jury verdict and then the refusal of his office — affirmed by a court — to release the minutes of the grand jury. Those critics may see an opportunity to take their “case” directly to D.A. Donovan in an upcoming congressional debate to take place on March 31 in Bay Ridge.

It’s not often that a sitting high-profile district attorney is called on to debate controversial issues at a public forum concerning his candidacy for another elective office. Certainly, members of the press — local and citywide — will be there due to the controversy still swirling around the Garner case when Donovan confronts congressional opponent Councilmember Vincent Gentile Tuesday night when the Bay Ridge Community holds its annual pre-election debate.

Many political activists on the left are chomping at the bit about the possibility that they might publicly “cross-examine” the Republican-Conservative Donovan about the grand jury’s failure to indict in the Garner matter, as well as the overall viability of the grand jury system, which is so loosely structured, according to its detractors, that “even a ham sandwich could be indicted.”

However, it’s unlikely that anyone will successfully quiz Donovan about that matter at the debate; as the sitting district attorney who handled the Garner case, Donovan can legitimately avoid any such questions, citing his involvement and his (presumably) ongoing status as the head of law prosecutions in Staten Island.

Gentile Steps in to Save Embarrassed Democrats

He’s putting up a brave front, but Councilmember Gentile must know that he’s “taking one for the team” by accepting the Democratic nomination to face Donovan on May 5. Two-thirds of the 11th Congressional District is in Staten Island. Donovan won plaudits from most Staten Islanders — including hundreds of cops — when the grand jury refused to indict the police officer involved.

As usual, another factor will be money: House Minority Leader Nancy Pelosi has not indicated that any Democratic National Convention Committee funds will be forthcoming to the Gentile campaign. She’s certainly aware that if Recchia couldn’t beat U.S. Rep. Grimm in 2012 with more than one million dollars to spend, there’s no Democrat around who can overcome the momentum that the Donovan campaign has been building over the last year.

So, why waste the money, she might reason. Why not wait until 2016, when a credible Democrat like Hillary Clinton tops the ticket and campaign funds will virtually pour into any district in which a Democrat has the slightest chance to win?

It’s no secret that a half dozen Democrats refused to run against Donovan in the May 5 special election. Gentile, initially, was among them.

Given Donovan’s districtwide name recognition, his crime-fighting image and a million-dollar-plus war chest, there is a good chance most Democrats won’t even be aware there’s an election on May 5!

Campaign costs have become prohibitive: just one single, solitary quality mailing sent to all registered Democrats in the 11th C.D would run about $200,000, which is probably double the expendable funds available to Gentile.

Donovan will also have ample funds for television advertising and most certainly will benefit from a well-organized “pull out the vote” campaign via cell phones, e-mails and even home phones.

“We’re planning for 2016,” a Donovan backer confided. “The Democrats may get their act together by then. Maybe.”

Assuredly, based on past performance of the electorate, a very low turnout is assured and probably only 5 to 10 percent of the voters will go to the polls on May 5.

Will Green Party Candidate Have a Chance to Win Seat?

It’s only fair to mention that there is a third candidate who will be on the ballot May 5 — a fellow named James Lane. Eagle writer Paula Katinas reported that Lane would indeed be invited to the May 5 debate.

She graciously quoted some of Lane’s Mid-East platform: “As a party of peace, the Greens promote nonviolence and (want) all residents of the Middle East to be safe.”

He blamed problems there largely on our government, a ploy that may not be effective with 11th C.D. voters.

Lane may have a provocative approach, but he has the least money of all three candidates and practically zero name recognition. Hopefully, he may be permitted to submit a written question to Donovan and/or Gentile following their opening statements.

The debate should get underway about 8 p.m. at the Guild for Exceptional Children, 260 68th St.