A Day in the Life of a Judge

A Seattle judge who drew national attention — some of it pretty nasty — after a sex offender he decided not to jail for failure to register kidnapped and raped a woman,  allowed a Seattle Times reporter to spend the day with him on the bench, watching and listening as he made his decisions. 105 decisions, few of them easy. “Sometimes I will be wrong,” Judge Ron Kessler said.

Reporter Christine Clarridge wrote “Kessler isn’t naive. He knows that defendants can and do lie, that defense attorneys want their clients released under nearly any circumstance and prosecutors are bound to warn of the worst outcomes.

But Kessler is also aware that some defendants may have every right to remain free pending trial and that some may even be innocent.

“Every judge has to confront the element of risk,” he said. “That’s what we do.””

I only wish this story from the Seattle Times were longer and more detailed, but I think writers will find the view from the bench eye-opening.

Barry Beach — a plea for exoneration denied

A year and a half ago, I wrote a post about Barry Beach, a Montana man convicted of deliberate homicide in 1984 for the 1979 a murder of a teenage girl — a high school classmate of his — a murder he says he didn’t commit. He confessed to the homicide in 1983 in Louisiana, but has long claimed that the confession was coerced. In December 2011, with the assistance of Jim McCloskey and Centurion Ministries, whose mission “is to vindicate and free from prison those individuals in the United States and Canada who are factually innocent of the crimes for which they have been unjustly convicted and imprisoned for life or death,” Beach was released from prison and granted a new trial. Some of the victim’s relatives believe him innocent; others disagree.

The State of Montana appealed that ruling, and in mid May, the Montana Supreme Court held 4-3 that the district judge had erred in finding that Beach had proven the standards for a new trial. In an AP interview after the reversal, the judge, now retired, said he fears he’s done a “soul-wrenching injustice” to Beach, allowing him to hope for permanent freedom after 27 years behind bars.

Beach turned himself in. Although the Department of Corrections would not confirm where he would be sent in the latest story about the case, from the Helena Independent Record, he is likely to be returned to the Montana State Prison.

I often beseech fiction writers to use accounts of real-life events to reach for the human truth behind the headlines, and use it to deepen characterization and motive, and influence plot. This case brims with examples.

Update: In this June 18 report from the AP, Beach — now back in the Montana State Prison — says the judge who freed him should have no regrets, and that his year and a half “outside” made him value even more what he is fighting for.

 

Statute allowing DNA sampling on arrest upheld

I wrote earlier this year about a new federal statute called Katie’s Law  and similar statutes in 28 states that allow DNA samples to be taken from anyone charged with specified serious felonies when arrested — rather than deferring sampling until conviction. I also mentioned an on-going challenge to Maryland’s law. The challenger was arrested for assault and a DNA sample was taken. The sample connected him to an unsolved rape, for which he was then charged.

The Supreme Court has now reversed the Maryland Supreme Court and upheld the state law, holding 5-4 that sampling at the time of arrest is not unconstitutional. Justice Kennedy wrote for the majority that “police have a legitimate interest in identifying the person taken into custody and that the DNA samples could make sure that a dangerous criminal is not released on bail,” and the intrusiveness of a DNA swab is minimal in comparison. More details from the Washington Post report.

Have talk, will travel!

I love talking to readers and writers! If you’d like me to visit your book club or writers’ group, or give a presentation at a writers’ conference, drop me a note at leslie AT lawandfiction DOT com  I can talk about Death al Dente, my first cozy mystery coming out this summer, common mistakes writers make about the law, the cozy mystery, characterization, setting, selling that first traditionally published book, the writing life … and more!

Last fall, I had a great time as a presenter for the 22d Annual Flathead River Writers Conference, sponsored by the Authors of the Flathead. Plans for the 23d Annual conference on Sept 28-29 in Kalispell, Montana are shaping up now — check it out.

That’s me in the pink, with Roxanne McHenry , an expert in e-book publishing and marketing — so sorry the picture makes her look a bit grumpy — she’s not, I promise!

 

The Saturday Writing Quote — a two-fer from Carolyn Hart

“If you care passionately, someday somewhere sometime an editor will care.”

“I know the book is out there and I will find it if I keep on writing.”

– Carolyn Hart, past president of Sisters in Crime, and author of 50 novels, including Dead, White, and Blue, latest in the Death on Demand series, and my personal favorite, Letter from Home, winner of the 2003 Agatha Award for Best Novel.