By: Lynda Carter (July
'10)
Receiving her 8th "non-guilty" on a criminal charge
since her graduation from TLC, Colorado Warrior Lynda Carter (July
'10) has freed another innocent man. After a year in jail on a charge
he never committed, and because Lynda believed him and was able to use TLC's
methods in every phase of her trial prep and in the courtroom, he will be back
with his family for Christmas. Here is her story:
"I start the trial of my client’s life on Monday so
please light the fires! It is a child sexual assault case where the
stepdaughter did not like her new father's rules and thought this was the best
way to get rid of him. There is no evidence other than "he said-she
said," but I am very scared because juries here in Colorado tend to
believe kids - I am hoping that does not extend to teenagers who try to take
advantage of the justice system. My client is facing life for these
charges and it dawned on me this morning: I have only been an attorney three
years. What am I doing trying cases like this already? I would love to win this
one because the system has failed so miserably for this man. My client is
a good man with a good family. He has been locked up for a year because
they could not afford bond, although there was no evidence against him other
than her allegation. I feel like Don Quixote battling windmills."
On the following Monday:
"We got a verdict! Not guilty on two counts of
sexual assault on a child by a person in a position of trust; indeterminate
sentence to life in prison. My client's entire family was there, including his
87-year-old grandmother. I have never received so many bear hugs and kisses in
my life.”
“This case was botched by law enforcement from the very
beginning and never even investigated by the District Attorney's Office. No
evidence against my client was presented, except the teenager’s allegation that
could not possibly be true, yet he had been locked up for over a year without
bail because his family could not afford bail at all.”
“My client was allowed to wear street clothes during the
trial but had two officers escorting him to and from court. I felt this
information to be relevant so I used it to show my client was an innocent man
who had been locked up for a year, could not afford bail and, as a result, had
to wait a year to clear his name. Each time the DA said the jury should not
blame the victim for a botched police investigation, I reminded them my client
was a victim of this botched investigation - losing his freedom for a year
without anyone to listen to him but me, while I was powerless until I had a
chance to speak for him in court.”
“During the trial, I conducted a TLC direct on the
accuser’s sister, who testified that their biological father allowed them to
date at 12, did drugs together with the girls and did not make them go to
school. In a TLC soft-cross, the accuser testified she had not been in
school in a year. In addition to having given birth to a child fathered by
her 20-year-old boyfriend ten days before, the 14-year-old accuser appeared to
be under the influence of a mind-altering substance, so my Opening Statement
was reaffirmed and my client was very believable. I conducted a direct exam on
the mother who testified that she and my client had tried to put the girls in
counseling for many issues but their biological father refused to follow up on
it.”
“At 11:30am we wrapped up and the jury got the case,
they picked a foreman, ate lunch and delivered the verdict at 1:15pm. Picture
this scene, just one of many scenes from this trial that will stay burned in my
mind: My client had maintained his innocence all along. Just before the jury
verdict was read, the Chief of Police, the Sheriff, three detectives, two
police officers, two probation officers, and other uniformed officers came in
and sat behind the DDA. I stood alone with my client, with his wife and
family behind me. After the verdicts were read, they left the courtroom
without comment. The DDA did not even shake my hand.”
“I am so happy for my client and his family. I am still
in shock over how quick the jury came back and the feedback they provided me
when I spoke to them afterward. After my Opening Statement, the jury was
very alert when watching the accuser. None of them believed the story from the
time she set foot on the stand. They noticed the difference in how she behaved
when the DA asked her questions and when I asked her questions. One
observed her conservative dress on the stand was not at all like normal teenagers
dress in the community. Others just felt something was simply not right.”
“And now, ‘Not Guilty!’ I love the jury each time I
think about them. My two-year stint as a criminal defense attorney
has resulted in an 8-0 record for criminal jury trials! This never would
have happened without TLC, the wonderful friends I have made there and the
great instruction I received from the faculty. During the F Warrior Alumni
annual meeting I attended in November, I worked through a case which helped me
during this trial in my cross exam of the police officer who botched the case.
The jury was able to see he was kind, but also that he had no training. I tried
to reverse roles with each person on the jury throughout the process and it
worked. The five jurors I spoke to expressed their fear that someone could be
locked up for a year on no evidence. They did not want this happening to anyone
else - certainly not themselves or someone in their family! I had two jurors
ask me to run for Sheriff in two years and one ask me to run for DA to ensure
this does not keep happening.”
“My client will now be home for Christmas with his
family. I am just so happy and so proud of the jury and how the TLC
methods worked to help get justice for this man. Thanks to you and to every
TLC faculty member and alumni who has helped me along the way. I am so much
better as a lawyer and as a person for having taken the chance and come to
TLC! I can't wait to for my next case!"
Love always,
Lynda Carter (’10)
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