Normally I like to unleash my bile and vitriol at the stupidities I see in today’s media and political discourse. But not today. No. Today is about the person who simply HAS to be the worst actual real defense lawyer in the world. And I wouldn’t have known a thing about him if I hadn’t stopped channel surfing because I thought I saw Randy Quaid…
It looked like Anderson Cooper was interviewing Randy Quaid. And Randy Quaid was wearing a cowboy hat. I thought maybe it might have something to do with that bizarre hotel story in Marfa where he skipped out on his bill and got arrested. But no. This wasn’t a character actor playing up some goofy Texas stereotype. It was a real person more than living up to it. He was, specifically a defense attorney in Texas named David Martin. And, if you’ve retained his services you are in all likelihood either in prison or dead. The interview begins with him apologizing “for checking cows.” He is wearing a ten-gallon cowboy hat. It only gets worse from there.
He was being interviewed about the innocent man executed in Texas for setting his house on fire and killing his children. It’s a story that has been in the news lately because the governor of Texas, Rick Perry, has gotten involved – going so far as to stall any investigation into the possibility of Texas being the first state to openly be able to claim the murder of an innocent man – by kicking person after person off the commission created to investigate the case.
The executed man was Cameron Todd Willingham. He was no role model. But neither are lots of people. He might not have been guilty either. His “lawyer” was David Martin. And he was not on television to defend his client – but to attack him. Relentlessly. And he declared even the possibility of his innocence to be “hogwash” and “absurd.” Absurd seems to be a big word for him – as he used it frequently as a rejoinder for everything. David Martin – worst defense lawyer in the world – is quoted in the New Yorker as saying that “98% of the time my clients are guilty as sin.” Which is all fine and good. This is America and I am a fan of freedom of speech and personal opinion. But I’m also a fan of justice. And, as expert after expert after expert have come forward and made abundantly clear – an innocent man, who tragically lost his three children in a fire, lost his freedom and his life – thanks, in part, to the WORLD’S WORST DEFENSE LAWYER and a crap sandwich of “evidence” bordering on the criminally ignorant. (For example, two details that led to Cameron Todd Willingham’s demise: he had an Iron Maiden poster in his house (he was 20 years old at the time the house burned), which the prosecution drummed up to mean that – rather than being a fan of heavy metal – he was obsessed with violence; Also, he had a tattoo of a skull on his arm. Bad taste perhaps; but not indication of mass murder…
At one point in what is an entertaining (Nobody can stereotype the Texan like a Texan) and bizarre interview, the defense lawyer claimed that he knew his client was guilty because he and another lawyer got some lighter fluid and burned a piece of carpet and…it looked just like the burned carpet in the house! (My guess is it was black and charred and burned looking.) My next guess is that this guy is a stone cold idiot – a supreme embodiment of both inexcusable confidence and willful ignorance. (sort of like a certain ex-President who liked to wear cowboy boots and bomb stuff.) Now, I love Texas; my family is from there. But Texans are so full of their own propaganda that it’s flat out dangerous. They strut and amble the world over, causing all manner of havoc and mayhem everywhere they go. (I was once in Rome and asked my tour guide which tourists drove him the craziest. I was sure it would be America. But he said, no, he loved Americans. In fact he loved all of the people he has met; everyone, that is, but people from the “country” of Texas. He said they were loud and abusive and acted superior even though they dressed like fools with giant hair and were always drunk.)
I could go on and on about what a high-class boob this guy is – but no amount of words can do the guy justice – and there’s no point in satirizing that which is already a satire and a tragedy. So, without further ado:
watch the interview here: http://www.youtube.com/watch?v=L5cFKpjRnXE
read the story here: http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann/
I was glad to discover that I am not alone when it comes to thinking this guy is a jackass and an assessory to murder. And, of course, terrible at his job. Going on national television, as the clients’ defense attorney, to attest to his own clients’ guilt seems to go against the whole confidentiality and attorney-client privelege thing. I didn’t even know he was the defense attorney until half-way through when Anderson named him as such; the way he was talking and acting defensive I figured he was a prosecuting attorney. But I was wrong. Also, if you think 98% of your clients are “guilty as sin,” wouldn’t that limit your ability and motivation to prove otherwise? I mean, if you think about it, that sort of mentality grants you the ability to throw in the towel, not try at all, and only screw up 2% of the time. (Statistics actually show that in reality only about half of defendants are guilty of their crime (according to the New Yorker article) – which, now that I think about it, totally sucks.) You get what you pay for – and in the case of Cameron Todd Willingham – who had no money, he got a know nothing. In this country you are only as innocent as what you can afford. Which means half the people in jail are stuck there until they are rich enough to get out.
The gist of the articles below is that David Martin hurt his client by trashing him on national television. I don’t know about anyone else who watched the interview, but it seems to me he mainly trashed himself. And only gave more ammunition to the growing belief that a great injustice was done in this case. And a man is dead as a result.
Here’s what people who actually know what they’re talking about say:
An actual defense attorney defends his profession and stomps David Martin here: http://gamso-forthedefense.blogspot.com/2009/10/selling-out-client-part-iii.html
and here: http://bennettandbennett.com/blog/2009/10/david-martin-willinghams-trial-lawyer-speaks-up.html
and here: http://rantsofapublicdefender.blogspot.com/2009/10/if-you-cant-say-anything-nice.html
and here: http://blog.simplejustice.us/2009/10/17/never-smear-your-own-client-not-even-in-death.aspx
and here: http://brownandlittlelaw.com/blog1/2009/10/17/shameful/
and here (this was the lawyer who had the misfortune of trying to fix all the crap this moron got wrong): http://www.wacocriminallawblog.com/