Philadelphia Justice with Judge Lineberger

My all-time favorite Philadelphia Judge was James Lineberger, a no-nonsense jurist who’d scare the hell out of many a defendant I’d bring to the bar of the court, and one time caused one of my clients to pass out when he sentenced him for a heinous crime a jury found him guilty of committing.

Judge Lineberger could also be as warm and fuzzy as a teddy bear who would leave the bench at the top of the courtroom and float down to the metal bar when spotting a Korean woman. He could serenade in her native tongue while gazing out from his big, lovable, and loving eyes.  Continue reading

Defense Attorney Regrets His Prosecution

All of my legal career involved defending someone charged with crimes or offenses against the law. I worked 20 years as a lawyer, trying more than a hundred jury trials, winning more than half of them.

But to be honest, my first taste of arguing the law came not as a defense lawyer, but as a prosecutor, one appointed by some colonel to bring charges against a buck private who broke a law and faced a summary offense for some minor infraction.

      I knew the young man. He was in the company in which I served as a training officer in Fort Polk, LA.

     I even liked the kid.

 

  • gavel

    I was “Out of Order.”

I disliked having to “go after” him, but I took my oath to defend the US Constitution seriously. And I zealously presented the facts before a JAG lawyer serving as a judge.

I can’t tell you how many times the judge — someone actually trained in the law as opposed to me, a Second Lieutenant with no college degree not to mention no law degree — admonished me for walking around the makeshift courtroom, pretending I was a Perry Mason cross-examining a witness. I was ordered to remain within three feet of a podium.

That restriction initially chilled my presentation, but I used my arms to wave and point into the air to get my thoughts across.

     I secured a conviction. Something I fought against some twenty years later as a Philadelphia public defender.

But there was no celebration. And if I had to do it all over again, I wouldn’t have taken the assignment but feigned an illness, if at all possible.

     And that’s the truth, the whole truth and nothing but the truth, So Help Me God!

When a criminal defendant wants to lie . . .

     Someone asked me how a criminal lawyer could ever represent a guilty person.

     I told ‘em that was it was easy. My job as an attorney was never to judge, but to uphold something called the Constitution.

     It’s the one time, however, that a guy planned to lie to a jury that really got to me.

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