Who’s hooking the wrong fish?!

Can you believe this? The Al Qaeda have GOT to be laughing their camel riding, tabouli eating a*ses off, even as they’re trying to blow themselves up in the name of Allah, while reading this comedy about United States law enforcement chasing the fisherman! The feds are smart - they’ll catch the fisherman who reels in a smaller fish than allowed ... and then they’ll go back and "high five" each other in a building which is then blown off the planet by the Al Qaeda who they conveniently ignore. In fairness to them, it’s easier to chase a hard working, open air fisherman, than an elusive and covert terrorist.

From the Florida Fishing Weekly E-Newsletter:
Therapy IV charter boat owner and crew face jail time, fines for conspiracy, wire fraud, obstruction of justice. In July of 2007, the United States Attorney’s Office for the Southern District of Florida brought 20 charges against the owners of the Therapy IV vessels and their crew, including counts of illegal harvesting of billfish, conspiracy, wire fraud, obstruction of justice and fisheries offenses against Stanley S. Saffan, the owner of the two Therapy IV vessels, captains Sean P. Lang and Brian M. Schick, and mates Ralph B. Pegram and Adam Agusto. According to the original indictment, the captain and crews of the Therapy IV vessels routinely told customers that sailfish were required by the taxidermy company to reproduce the mount, despite the fact that no parts of the fish were ever used or delivered to Gray Taxidermy. Lang, Schick and Pegram entered guilty pleas of illegally harvesting sailfish last year, and await sentencing. Saffran and Agusto entered guilty pleas under the same counts in mid-February. Saffan agreed to forfeit the smaller of the two Therapy IV charterboats, a 44.7-footer, to the government, and most of the other 19 counts were dropped as part of the plea agreement, yet Saffran and Agusto face possible sentences of five years in prison and up to $250,000 in fines for each count, plus each of the corporations for the Therapy IV vessels face criminal fines up to $500,000.
Florida Fishing Weekly
1070 E. Indiantown Rd Ste 200
Jupiter, FL 33477
877-354-4339
www.floridafishingweekly.com

"In order to bait the hook ... perhaps the feds need to hang around our national mosques, not our charter boat docks. Maybe if they spent a little time cozying up to the twisted and fanatical students of the Koran, they’d hear something of interest to our national security, perhaps remembering the old saying, "criminals are like fish - they don’t get caught until they open their mouth."

For what it’s worth, my own son Johnny just disagreed with me on this whole "fish and the feds" thing - and I respect his right to his own opinion. He felt that I should not criticize my own government - and though it may seem trivial and far less important to enforce these fishing or boating statutes and rules, it nonetheless needs to be done. He analogized it to a certain teacher, who may cite him for a school uniform code violation at school, and though it is a minor infraction and far less serious as compared to bullying or student criminal violations, they should nonetheless enforce the uniform rules.

Contini blog in the top blogs!

From: Bonnie
Date: Thu Mar 13, 2008 8:46 PM
Subject: Your blog is in the top blogs

John, your blog is number 56 the category News and Politics. Myspace shows the top 210 in the individual categories. Your blog is number 984 in all categories. Total Blogs: 175,375,439 Myspace updates the top blogs daily. I just found this stuff out today. Cool huh?! Bonnie


Attorney-client "privilege"

Jill S.

Sun Mar 9, 2008
Hi John-

Hope all is well. The Starbucks gig sounds great. I was reading the description of your other book today as well. Sounds like a pretty compelling story.

I was going to drop you a note about that but I just saw a story on 60 minutes and wanted to know if you were familiar with the Alton Logan situation. http://www.cbsnews.com/stories/2008/03/06/60minutes/main3914719.shtml?source=mostpop_story

This story blows my mind. I was thinking about the two lawyers who kept the secret and as an attorney myself understanding the confidentiality anchor that prevented them from setting an innocent man free. Knowing how critical confidentiality is to the attorney client relationship it begs a different question about the responsibility of the court, the judge and the jury. Just wondering if you were familiar with the story and what you think about the issues it presents, not the least of which is how an innocent man integrates into society after 26 years behind bars amounting to what is essentially his entire adult life. I think a lot of people see "prison time" as just a loss of liberty and time without any real awareness of what goes on and what happens to people on the inside. Hope to hear your thoughts. It's the kind of story that makes me wonder if there is some kind of support that Angels could lend to such a person at some point.

Best
Jill

"The Only Gift is a Portion of Thyself." Ralph Waldo Emerson


John Contini

Sun Mar 9, 2008
Jill, I am not familiar with this breaking story, but I have been in similar situations and I know how I reacted and would continue to react. I wonder if the "self righteous" lawyers would respond the same way if it were their own daughters (sons or other family members) wrongfully-imprisoned as a result of the lawyer's sanctimonious worship of the privilege and withholding of exculpatory information or evidence. Curious?

Perhaps my days as a criminal defense lawyer are numbered as s result of my beliefs, opinions and practices ... but I do NOT believe the that the attorney-client "confidentiality" or "privilege" trumps the lawyer's responsibility FIRST and foremost to do the next right thing ... as a minister of justice, an officer of the court and yes, a decent, moral human being; and this means that the lawyer must seek to ensure that the innocent and falsely-confined person is saved/rescued/helped, if it's uniquely within the power and control of the lawyer to do so! Bottom line:

I would never, ever hide behind the privilege and be so anal retentive about the otherwise sacrosanct privilege, when another's innocent life is at stake. As you may know already:

The bar and case law makes an exception for confidences shared with the lawyer about intentions to commit "future crimes" - those "confidences" are NOT protected by the lawyer-client privilege ... and the same applies to priests, in the context of the "priest-penitent" privilege. Note:

*Only the client confidences as to past crimes are protected by this attorney-client privilege: example:

Privileged: "I killed Tommy yesterday." (Shared confidence as to past crime);

Not privileged: "I am going to kill Tommy tomorrow." (Shared confidence as to future crime)

*Surely, my friend, a solid, persuasive, moral, ethical, just and righteous argument can (and should!) be made, that the continuing and continuous daily "taking" and "stealing" and "murder" of the wrongfully-confined person's "life," (by the felonies of false imprisonment, kidnapping, fraud, etc) is a "future crime," falling within the purview of this exception - future in the sense of each and every day and countless "tomorrow" stolen from the wrongfully-incarcerated person, from the innocent inmate who 24/7 suffers the continuing murder and death of their own freedom, life and future. In fact:

The "righteous" lawyer who hides behind the privilege in lofty self-centered protectionism, self-preservation and cowardly fear (sacrificing the innocent on the alter of self-righteous worship of the lawyer's priestly role), is co-complicit and equally guilty, in my opinion, of murdering that innocent person's future, spirit and life; that's right, JUST as guilty as his or her client - or former client, who shared certain "confidences" with the lawyer.

Those are my strong and unwavering beliefs, mi amiga, along with this additional opinion: The lawyer should lean all over his or her client to do the right thing, thereby honoring himself/herself (which is the last concern, though listed first) while simultaneously honoring the innocent person, the ideal of truth, the pursuit of justice, and let's just admit, everyone’s conscience all the way around! (And if the lawyer cannot prevail upon the guilty client to do the right thing and exculpate/exonerate the falsely imprisoned person, suffice it to say that there are other ways to effectuate the same exact result) - Ways I will share at another time.

Thanks for asking me Jill. (I will copy my assistant Bonnie, as she will post this issue on the MySpace blog for response. She will also post it to the FeelingtheHeat blog, as I copy some of our other friends for their helpful feedback.) *If I am wrong by a consensus of opinion (from these friends who we respect), then a funny thing should happen- it will actually be nice to be wrong and yet comfortable and feeling a peace at the same time ... for a change! Let's talk more about this tomorrow afternoon, and hoping all is great with you and your family, John


John O.

Mon Mar 10, 2008
Good morning John,

Thanks John for sharing that email with me in regard to Mr. Logan's horrific nightmare. I watched the breaking story with jaw dropping, head shaking unbelief as this story unfolded on television last night. It is so hard to think that this is no longer the exception but more and more becoming the rule with unjustly convicted less fortunate victims. This would never have come to light have the one attorney not died and the evidence kept in a box under his bed was not discovered. It makes you wonder how he could have (insert pun here: slept at night) knowing he had proof of innocence within his power and chose willing to ignore his conscious by fooling himself and hiding behind the slippery slope of client/privilege! One can't help but wonder what box God has brought out and what is inside that will be brought to light now that the one attorney stands before him in judgment? May God show mercy. Your response to Jill was what I would have expected from you as I have learned to know your heart.

John O.
P.S.
I went to Jill's website and she has a caring Spirit and a Giving Heart and it shows! Bravo John for the Saints of the city that continues to show me hopes in mankind...

Ephesians 2:10
“For we are God's workmanship, created in Christ Jesus to do good works, which God prepared in advance for us to do…Amen...


John B.

Mon Mar 10, 2008
Way to go buddy. Nobody has a right to another's life that is innocent. Nobody. I agree with you, someone with intimate knowledge of this is co-complicit and just as guilty and should be prosecuted as such.
John B.


Marianne S.

Mon Mar 10, 2008
Wow, I completely agree with your legal and moral analysis.
Marianne S.


Craig T.

Mon Mar 10, 2008
Wow I just read that article. Unbelievable. I would like to know what evidence they had against the poor guy that beat a solid alibi defense.

Just crazy.

Hope all else is well.

Craig


Jill S.

Mon Mar 10, 2008
Excellent question Craig! I wondered that myself and my only thought was that his alibi was his mother and two brothers instead of "neutral disinterested parties". I'd love to see the record, transcript etc. This is the kind of story that has Angel potential I think. I'm sure Mr. Logan will get legal help but what about after the buzz dies down? Do you think there might be some interest in a letter with signatures of the types of people that have responded to you so far? Perhaps others who may contribute via MySpace? I thought Mr. Logan said something incredible when they asked him if he "understood" why the lawyers acted as they did regarding privilege since his life depends on the very same principles and he very calmly said, "Yes I do". That was the most poignant moment for me.


John Contini

Mon Mar 10, 2008
Thanks for chiming in with your response Craig. You're a good man, you know that?


Craig T.

Mon Mar 10, 2008
You are welcome. I have been thinking about that case since I read the article. I don’t know the rules in Illinois but I don’t think the lawyers would have faced the same result in Florida. Rule 4-1.6 of the rules regulating the Florida bar state that a lawyer must disclose information to 1) prevent the client from committing a crime or 2) prevent death or substantial bodily harm to another. I think a sound argument can be made that allowing an innocent man to go to prison would cause "substantial bodily harm to another" and thus require disclosure, at least under the Florida Rule.

Just thought I would share that with you.

All the best

Craig


Jill S.

Mon Mar 10, 2008
Hi John-
These responses are absolutely amazing!!! Your analysis was great and I totally identify. I would probably eat my bar card before I'd let an innocent man do a guilty man's time.
Warmest wishes
Jill


Stacey

Oath of Attorney

I do solemnly declare:

I am fully subject to the laws of the State of Washington and the laws of the United States and will abide by the same.
I will support the constitution of the State of Washington and the constitution of the United States.
I will abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Washington.
I will maintain the respect due to the courts of justice and judicial officers.
I will not counsel, or maintain any suit, or proceeding, which shall appear to me to be unjust, or any defense except as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a public offense. I will employ for the purpose of maintaining the causes confided to me only those means consistent with truth and honor. I will never seek to mislead the judge or jury by any artifice or false statement.
I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with the business of my client unless this compensation is from or with the knowledge and approval of the client or with the approval of the court.
I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which I am charged.
I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any person.

Did these guys skip this day at law school?

In Christ...We who are many form one body, and each member belongs to all the others.
--Romans 12:5

Great post John. Thank you for bringing to light this in-justice.

God loves you and so do I, Stacey
Posted by stacey on March 12, 2008 - Wednesday at 10:36 AM


~♥Janice♥~

Mar 12, 2008 11:31 AM
John,
Well I don't know all of the details regarding this case and what would compel an attorney to not fight for his client actually it does not matter these attorneys should have their license to practice law removed!! Every attorney when admitted to the bar swore to uphold the following oath

" you will delay no man for lucre or malice, but will conduct yourself in the office of an attorney within the courts according to the best of your knowledge and discretion, and with all good fidelity, as well as to the courts, as to your clients. So help you God."

This is a miscarriage of justice and never should happen in our country but sorry to say it happens more than society thinks!
Janice


John Contini

I agree Janice! There were other effective and yet untried ways to have spared that innocent man while still doing the right thing by the client. The attorney client privilege was made for man, not man for the privilege; it reminds me of Christ's admonishment and instructive words to the overly legalistic Pharisees of His day, when He said to them, "The Sabbath was made for men, not man for the Sabbath." They had been worshipping the Sabbath as a sort of God unto itself, and cared not that He was healing the afflicted on the Sabbath ... just as these lawyers worshipped the privilege and cared not for the innocent who suffered as they did so. Tanks for your remarks and encouragement Janice! A friend,

John


Loke

Mar 12, 2008 12:00 PM
It sucks, but this is 1 out of a million cases. If they shared information about this case there career would be over.


John Contini

Loke, no disrespect to you is meant here ... and please keep in mind that I am only addressing the argument advanced on their behalf ... but:... screw their career - they ought to try selling that defense of themselves (which doubles as a bag of feces)to Almighty God. That may fly with a secular judge, but not with the REAl judge - not with the only Judge who really counts. He states in proverbs, “The Lord detests the condemnation of the innocent." As an aside, there were other, alternative ways to have spared that innocent man's life and future, without the lawyers necessarily throwing themselves completely under the bus (though they should have been willing to do so if it meant saving an innocent life, braving whatever consequences came their way!); and besides, let's face it, if these lawyers were not smart enough to have figured out an alternative means of exposing the real deal ... then suffice it to say that they're certainly not smart enough or shrewd enough to be charged with the responsibility of defending the lives of anyone else. if they're so anal and blind as to not see any door # 3 in this equation, then would you really want them defending you?


Stacey

The West Memphis Three is another case where perhaps an injustice has been committed. I don't know if you are familiar with this case. I wasn't either until a blog went up about it. I've looked into it a bit an really wonder if some lawyers don't get there license out of a cracker jack box. st
Posted by stacey on March 12, 2008 - Wednesday at 12:38 PM


DONNO

Mar 12, 2008 1:04 PM
Just a note from the "Peanut Gallery"; I think that IF we follow the FEW laws, that God gave us, we wouldn’t have to split hairs on understanding mans laws!! .......Don


John Contini

I agree Don. Tonight, the Spirit has seemingly reminded me of what happened over 2000 years ago and how the Pharisees were judgmentally condemning Christ for healing the afflicted on the Sabbath .... (as they were apparently worshipping the Sabbath as a God unto itself, unconcerned for the plight of the afflicted, and unimpressed that Christ would be trying to help these poor folks on their special day) ... This seems so similar or analogous to me tonight, as I think of those loyalists who champion the lawyer-client privilege above the rights of the wrongfully-imprisoned, innocent inmate. These "privilege groupies" would allow for NO exception to this coveted "privilege," and would defend the non disclosure of truth even over the bones of the innocent. Looking back again (and recalling your point about the few laws that God gave us!, Christ told those mean-spirited, legalistic Pharisees, "The Sabbath was made for man, not man for the Sabbath ... and in the same way, I'm reminded by the conviction that He has apparently put in my heart, that the lawyer-client privilege was made for man, not man for the privilege; and yet, these lawyers and TV talking heads would have us believe that the lawyers were doing the right thing in worshipping the sacrosanct privilege MORE than the human life that was innocently stolen and locked away in prison for the last 26 years, with each and every passing day representing one killing after another after another ... the killing of that innocent person's freedom, liberty, life, future, familial relationships, and God forbid, perhaps even his spirit! May God have mercy on the souls of those lawyers, those "ministers" of "justice," those "officers" of the court; and more importantly, may God grant that falsely imprisoned man his unfettered freedom, peace, renewed joy and love in his heart - despite all the pain and injustice and hardship, forever and ever, in Jesus name, amen.


~ angel ~

Mar 12, 2008 1:47 PM
IS HE FREE NOW? THAT IS SO NOT RIGHT! SO MUCH FOR OUR JUSTICE SYSTEM. WHY DO WE HEAR THIS SO OFTEN?


John Contini

We have ALL got to do whatever we can, Angel, to let our self-professed "leaders" and judges (alleged "ministers of "justice") know of our tremendous outrage; and the sad truth is, this poor soul's 26 years of wrongful imprisonment could have easily been avoided ... had these "officers of the court" - these "lawyers," simply done the right thing. These lawyers opted for the convenient, "I know nothing,"- Sgt. Schultz (of the old TV show, "Hogan's Heroes") cop out, that lame, gutless and unprincipled position of, "not my problem," "not my job man." Few plagues are more insidious than the one creeping up on all of us: apathy, disinterest, insensitivity, lack of compassion ... like the famous words of the renowned preacher, "evil triumphs when good men do nothing." Thanks for getting the word out! A friend,

John


Bonnie

Wed 3/12/2008 8:35 PM
John, you have had 107 views of your blog today! For the week 203 views. Talk later. Bonnie


Jill S.

Mar 13, 2008 9:15 AM
Wow, all these "views" of the blog in one day, and then one week?! Wow!


John Contini

Thu 3/13/2008 10:00 AM
See what YOU started! Life is funny, isn't it? My take on it:

When God wants something important talked about - so His kids actually start thinking for a change, He makes it happen. Talk soon Jill

Exciting News

Last week the Attorney-client “privilege” blog was in the top Myspace blogs. Yesterday it was in the top news and politics blogs category @ Myspace ranking at # 141. If you have not read Fort Lauderdale criminal lawyer, John P. Contini's blog please do and voice your opinion.

As of this writing the Myspace numbers are:
Profile views: 7515
Friend count: 3635
Blog views yesterday were approximately 90

Who says lawyers have no heart?

Sunday, March 16th, @ about 6:30 pm on I-95 Southbound @ Golden Glades, a terrible wreck occurred. A young woman was stuck behind her imploded air bag after crashing into the concrete barrier, narrowly escaping death, semi conscious and in need of immediate emergency help. That help came unselfishly from an unexpected source:

Typically, lawyers get a bad rap (in all kinds of jokes) for showing up at accident scenes with business cards in tow ... This time, criminal defense lawyer Art Marchetta had only one agenda, to wit: to save the poor young woman. He pulled her out of the smoldering vehicle and carried her to safety, called 911 and then her mother, and then disappeared into the night. Who says that lawyers have no heart?
P.S. We hear all the horror stories involving lawyers ... why not share one of the good ones.

"Feeling the Heat" review

"What do Contini's book and boring Saturday have in common - nothing!"


It was wonderful seeing all of you so happy after the fishing trip. I had gone back to exercising on Thursday after 3 months of doing nothing and could not even walk on Saturday. Thought I would have a boring day - but then decided to pick up the best book I have ever read in my life - it happened to be your story! I could not put it down. I have told everyone to purchase a copy of your book. So another life lesson learned, things don't alway turn out the way you think they will - sometimes they turn out so much better!!!!!

Regards
Sara S.

Bruce Burnett @ Recovery 101 Radio

"Bruce, my attempt in writing Feeling the Heat was to sneak up on the secular true crime reader (someone who may not yet know they ought to be in recovery - or someone whose family members or friends could use some real help), and plant seeds in their minds and in their hearts, about the need for recovery and its wonderful benefits - in just the same way that I try not to overtly proselytize my faith, sneaking up on the secular true crime reader with the gospel message of redemption and second chances from the God of second chances, etc. If I came right out and let 'em all know boldly up front that these are gospel selling books or books trumpeting addiction-recovery and everyone's need for recovery, I would lose way too many people who would never read them, folks repelled by the in your face approach. These people (lots of them!) simply won't read recovery books if they thought or knew up front that this is exactly what it is ... same with the crossover faith message of redemption .... *bottom line, Bruce, that is what I attempted to do - it may not have worked and it may have stopped short of boldly proclaiming all the truths we want to trumpet, as I tried to respect the fact that every reader gates to be preached to, and they need on certain levels to believe it's half their idea?! Thanks for listening Bruce, and looking forward to meeting you one of these days! A new friend, John ...

"Feeling the Heat" review

Date: March 12, 2008
Subject: "Feeling the Heat" review

John, in one afternoon I finished your book. First let me say it was dynamite.....way better than your first book. I loved all the verses you used and referred to and the quotes from the doctor. I will be writing them down in my journal for myself as well. As I was reading I was trying to remember, time frame wise, when we met you.....I figured out that Tony and I must have met you right after you got out of TRC. I can not wait till Tony reads it....This is a great book for lawyers to read. Especially criminal defense lawyers....maybe we can get them into law schools, so that law students can read it so they to will not lose perspective of their lives.....just a thought. Great job, loved it. I can just visualize you. I am fortunate enough to know you so I can see your body language, your smile or smirk and especially your whole attitude. I was taken by surprise that you had issues with anger, and some of the remarks you made, I cannot see that. May you continue in your new way of life. I know it has been six years since you were in TRC but let me say writing this book shows that you are still living what you learned. God Bless, Chris

Attorney-client "privilege"

Jill S.

Sun Mar 9, 2008
Hi John-

Hope all is well. The Starbucks gig sounds great. I was reading the description of your other book today as well. Sounds like a pretty compelling story.

I was going to drop you a note about that but I just saw a story on 60 minutes and wanted to know if you were familiar with the Alton Logan situation. http://www.cbsnews.com/stories/2008/03/06/60minutes/main3914719.shtml?source=mostpop_story

This story blows my mind. I was thinking about the two lawyers who kept the secret and as an attorney myself understanding the confidentiality anchor that prevented them from setting an innocent man free. Knowing how critical confidentiality is to the attorney client relationship it begs a different question about the responsibility of the court, the judge and the jury. Just wondering if you were familiar with the story and what you think about the issues it presents, not the least of which is how an innocent man integrates into society after 26 years behind bars amounting to what is essentially his entire adult life. I think a lot of people see "prison time" as just a loss of liberty and time without any real awareness of what goes on and what happens to people on the inside. Hope to hear your thoughts. It's the kind of story that makes me wonder if there is some kind of support that Angels could lend to such a person at some point.

Best
Jill

"The Only Gift is a Portion of Thyself." Ralph Waldo Emerson


John Contini

Sun Mar 9, 2008
Jill, I am not familiar with this breaking story, but I have been in similar situations and I know how I reacted and would continue to react. I wonder if the "self righteous" lawyers would respond the same way if it were their own daughters (sons or other family members) wrongfully-imprisoned as a result of the lawyer's sanctimonious worship of the privilege and withholding of exculpatory information or evidence. Curious?

Perhaps my days as a criminal defense lawyer are numbered as s result of my beliefs, opinions and practices ... but I do NOT believe the that the attorney-client "confidentiality" or "privilege" trumps the lawyer's responsibility FIRST and foremost to do the next right thing ... as a minister of justice, an officer of the court and yes, a decent, moral human being; and this means that the lawyer must seek to ensure that the innocent and falsely-confined person is saved/rescued/helped, if it's uniquely within the power and control of the lawyer to do so! Bottom line:

I would never, ever hide behind the privilege and be so anal retentive about the otherwise sacrosanct privilege, when another's innocent life is at stake. As you may know already:

The bar and case law makes an exception for confidences shared with the lawyer about intentions to commit "future crimes" - those "confidences" are NOT protected by the lawyer-client privilege ... and the same applies to priests, in the context of the "priest-penitent" privilege. Note:

*Only the client confidences as to past crimes are protected by this attorney-client privilege: example:

Privileged: "I killed Tommy yesterday." (Shared confidence as to past crime);

Not privileged: "I am going to kill Tommy tomorrow." (Shared confidence as to future crime)

*Surely, my friend, a solid, persuasive, moral, ethical, just and righteous argument can (and should!) be made, that the continuing and continuous daily "taking" and "stealing" and "murder" of the wrongfully-confined person's "life," (by the felonies of false imprisonment, kidnapping, fraud, etc) is a "future crime," falling within the purview of this exception - future in the sense of each and every day and countless "tomorrow" stolen from the wrongfully-incarcerated person, from the innocent inmate who 24/7 suffers the continuing murder and death of their own freedom, life and future. In fact:

The "righteous" lawyer who hides behind the privilege in lofty self-centered protectionism, self-preservation and cowardly fear (sacrificing the innocent on the alter of self-righteous worship of the lawyer's priestly role), is co-complicit and equally guilty, in my opinion, of murdering that innocent person's future, spirit and life; that's right, JUST as guilty as his or her client - or former client, who shared certain "confidences" with the lawyer.

Those are my strong and unwavering beliefs, mi amiga, along with this additional opinion: The lawyer should lean all over his or her client to do the right thing, thereby honoring himself/herself (which is the last concern, though listed first) while simultaneously honoring the innocent person, the ideal of truth, the pursuit of justice, and let's just admit, everyone’s conscience all the way around! (And if the lawyer cannot prevail upon the guilty client to do the right thing and exculpate/exonerate the falsely imprisoned person, suffice it to say that there are other ways to effectuate the same exact result) - Ways I will share at another time.

Thanks for asking me Jill. (I will copy my assistant Bonnie, as she will post this issue on the MySpace blog for response. She will also post it to the FeelingtheHeat blog, as I copy some of our other friends for their helpful feedback.) *If I am wrong by a consensus of opinion (from these friends who we respect), then a funny thing should happen- it will actually be nice to be wrong and yet comfortable and feeling a peace at the same time ... for a change! Let's talk more about this tomorrow afternoon, and hoping all is great with you and your family, John


John O.

Mon Mar 10, 2008
Good morning John,

Thanks John for sharing that email with me in regard to Mr. Logan's horrific nightmare. I watched the breaking story with jaw dropping, head shaking unbelief as this story unfolded on television last night. It is so hard to think that this is no longer the exception but more and more becoming the rule with unjustly convicted less fortunate victims. This would never have come to light have the one attorney not died and the evidence kept in a box under his bed was not discovered. It makes you wonder how he could have (insert pun here: slept at night) knowing he had proof of innocence within his power and chose willing to ignore his conscious by fooling himself and hiding behind the slippery slope of client/privilege! One can't help but wonder what box God has brought out and what is inside that will be brought to light now that the one attorney stands before him in judgment? May God show mercy. Your response to Jill was what I would have expected from you as I have learned to know your heart.

John O.
P.S.
I went to Jill's website and she has a caring Spirit and a Giving Heart and it shows! Bravo John for the Saints of the city that continues to show me hopes in mankind...

Ephesians 2:10
“For we are God's workmanship, created in Christ Jesus to do good works, which God prepared in advance for us to do…Amen...


John B.

Mon Mar 10, 2008
Way to go buddy. Nobody has a right to another's life that is innocent. Nobody. I agree with you, someone with intimate knowledge of this is co-complicit and just as guilty and should be prosecuted as such.
John B.


Marianne S.

Mon Mar 10, 2008
Wow, I completely agree with your legal and moral analysis.
Marianne S.


Craig T.

Mon Mar 10, 2008
Wow I just read that article. Unbelievable. I would like to know what evidence they had against the poor guy that beat a solid alibi defense.

Just crazy.

Hope all else is well.

Craig


Jill S.

Mon Mar 10, 2008
Excellent question Craig! I wondered that myself and my only thought was that his alibi was his mother and two brothers instead of "neutral disinterested parties". I'd love to see the record, transcript etc. This is the kind of story that has Angel potential I think. I'm sure Mr. Logan will get legal help but what about after the buzz dies down? Do you think there might be some interest in a letter with signatures of the types of people that have responded to you so far? Perhaps others who may contribute via MySpace? I thought Mr. Logan said something incredible when they asked him if he "understood" why the lawyers acted as they did regarding privilege since his life depends on the very same principles and he very calmly said, "Yes I do". That was the most poignant moment for me.


John Contini

Mon Mar 10, 2008
Thanks for chiming in with your response Craig. You're a good man, you know that?


Craig T.

Mon Mar 10, 2008
You are welcome. I have been thinking about that case since I read the article. I don’t know the rules in Illinois but I don’t think the lawyers would have faced the same result in Florida. Rule 4-1.6 of the rules regulating the Florida bar state that a lawyer must disclose information to 1) prevent the client from committing a crime or 2) prevent death or substantial bodily harm to another. I think a sound argument can be made that allowing an innocent man to go to prison would cause "substantial bodily harm to another" and thus require disclosure, at least under the Florida Rule.

Just thought I would share that with you.

All the best

Craig


Jill S.

Mon Mar 10, 2008
Hi John-
These responses are absolutely amazing!!! Your analysis was great and I totally identify. I would probably eat my bar card before I'd let an innocent man do a guilty man's time.
Warmest wishes
Jill


Stacey

Oath of Attorney

I do solemnly declare:

I am fully subject to the laws of the State of Washington and the laws of the United States and will abide by the same.
I will support the constitution of the State of Washington and the constitution of the United States.
I will abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Washington.
I will maintain the respect due to the courts of justice and judicial officers.
I will not counsel, or maintain any suit, or proceeding, which shall appear to me to be unjust, or any defense except as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a public offense. I will employ for the purpose of maintaining the causes confided to me only those means consistent with truth and honor. I will never seek to mislead the judge or jury by any artifice or false statement.
I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with the business of my client unless this compensation is from or with the knowledge and approval of the client or with the approval of the court.
I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which I am charged.
I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any person.

Did these guys skip this day at law school?

In Christ...We who are many form one body, and each member belongs to all the others.
--Romans 12:5

Great post John. Thank you for bringing to light this in-justice.

God loves you and so do I, Stacey
Posted by stacey on March 12, 2008 - Wednesday at 10:36 AM


~♥Janice♥~

Mar 12, 2008 11:31 AM
John,
Well I don't know all of the details regarding this case and what would compel an attorney to not fight for his client actually it does not matter these attorneys should have their license to practice law removed!! Every attorney when admitted to the bar swore to uphold the following oath

" you will delay no man for lucre or malice, but will conduct yourself in the office of an attorney within the courts according to the best of your knowledge and discretion, and with all good fidelity, as well as to the courts, as to your clients. So help you God."

This is a miscarriage of justice and never should happen in our country but sorry to say it happens more than society thinks!
Janice


John Contini

I agree Janice! There were other effective and yet untried ways to have spared that innocent man while still doing the right thing by the client. The attorney client privilege was made for man, not man for the privilege; it reminds me of Christ's admonishment and instructive words to the overly legalistic Pharisees of His day, when He said to them, "The Sabbath was made for men, not man for the Sabbath." They had been worshipping the Sabbath as a sort of God unto itself, and cared not that He was healing the afflicted on the Sabbath ... just as these lawyers worshipped the privilege and cared not for the innocent who suffered as they did so. Tanks for your remarks and encouragement Janice! A friend,

John


Loke

Mar 12, 2008 12:00 PM
It sucks, but this is 1 out of a million cases. If they shared information about this case there career would be over.


John Contini

Loke, no disrespect to you is meant here ... and please keep in mind that I am only addressing the argument advanced on their behalf ... but:... screw their career - they ought to try selling that defense of themselves (which doubles as a bag of feces)to Almighty God. That may fly with a secular judge, but not with the REAl judge - not with the only Judge who really counts. He states in proverbs, “The Lord detests the condemnation of the innocent." As an aside, there were other, alternative ways to have spared that innocent man's life and future, without the lawyers necessarily throwing themselves completely under the bus (though they should have been willing to do so if it meant saving an innocent life, braving whatever consequences came their way!); and besides, let's face it, if these lawyers were not smart enough to have figured out an alternative means of exposing the real deal ... then suffice it to say that they're certainly not smart enough or shrewd enough to be charged with the responsibility of defending the lives of anyone else. if they're so anal and blind as to not see any door # 3 in this equation, then would you really want them defending you?


Stacey

The West Memphis Three is another case where perhaps an injustice has been committed. I don't know if you are familiar with this case. I wasn't either until a blog went up about it. I've looked into it a bit an really wonder if some lawyers don't get there license out of a cracker jack box. st
Posted by stacey on March 12, 2008 - Wednesday at 12:38 PM


DONNO

Mar 12, 2008 1:04 PM
Just a note from the "Peanut Gallery"; I think that IF we follow the FEW laws, that God gave us, we wouldn’t have to split hairs on understanding mans laws!! .......Don


John Contini

I agree Don. Tonight, the Spirit has seemingly reminded me of what happened over 2000 years ago and how the Pharisees were judgmentally condemning Christ for healing the afflicted on the Sabbath .... (as they were apparently worshipping the Sabbath as a God unto itself, unconcerned for the plight of the afflicted, and unimpressed that Christ would be trying to help these poor folks on their special day) ... This seems so similar or analogous to me tonight, as I think of those loyalists who champion the lawyer-client privilege above the rights of the wrongfully-imprisoned, innocent inmate. These "privilege groupies" would allow for NO exception to this coveted "privilege," and would defend the non disclosure of truth even over the bones of the innocent. Looking back again (and recalling your point about the few laws that God gave us!, Christ told those mean-spirited, legalistic Pharisees, "The Sabbath was made for man, not man for the Sabbath ... and in the same way, I'm reminded by the conviction that He has apparently put in my heart, that the lawyer-client privilege was made for man, not man for the privilege; and yet, these lawyers and TV talking heads would have us believe that the lawyers were doing the right thing in worshipping the sacrosanct privilege MORE than the human life that was innocently stolen and locked away in prison for the last 26 years, with each and every passing day representing one killing after another after another ... the killing of that innocent person's freedom, liberty, life, future, familial relationships, and God forbid, perhaps even his spirit! May God have mercy on the souls of those lawyers, those "ministers" of "justice," those "officers" of the court; and more importantly, may God grant that falsely imprisoned man his unfettered freedom, peace, renewed joy and love in his heart - despite all the pain and injustice and hardship, forever and ever, in Jesus name, amen.


~ angel ~

Mar 12, 2008 1:47 PM
IS HE FREE NOW? THAT IS SO NOT RIGHT! SO MUCH FOR OUR JUSTICE SYSTEM. WHY DO WE HEAR THIS SO OFTEN?


John Contini

We have ALL got to do whatever we can, Angel, to let our self-professed "leaders" and judges (alleged "ministers of "justice") know of our tremendous outrage; and the sad truth is, this poor soul's 26 years of wrongful imprisonment could have easily been avoided ... had these "officers of the court" - these "lawyers," simply done the right thing. These lawyers opted for the convenient, "I know nothing,"- Sgt. Schultz (of the old TV show, "Hogan's Heroes") cop out, that lame, gutless and unprincipled position of, "not my problem," "not my job man." Few plagues are more insidious than the one creeping up on all of us: apathy, disinterest, insensitivity, lack of compassion ... like the famous words of the renowned preacher, "evil triumphs when good men do nothing." Thanks for getting the word out! A friend,

John


Bonnie

Wed 3/12/2008 8:35 PM
John, you have had 107 views of your blog today! For the week 203 views. Talk later. Bonnie


Jill S.

Mar 13, 2008 9:15 AM
Wow, all these "views" of the blog in one day, and then one week?! Wow!


John Contini

Thu 3/13/2008 10:00 AM
See what YOU started! Life is funny, isn't it? My take on it:

When God wants something important talked about - so His kids actually start thinking for a change, He makes it happen. Talk soon Jill