My tribute to the July 2012 Class

Some thoughts... I've been on staff since 1998.... I don't remember a group of students so willing to come out of the chute running full speed like this class did...

The first small group I sat with was warmed up before we started... I was assigned to another group later that night and was disappointed to be leaving the 1st group even tho we had been together for maybe 1/2 hour....

I struggled with saying goodbye to groups, even as they were being formed... I felt so connected...especially with the public defenders and young solos who are out on their own and alone,  like i was in 1973.... I was immediately proud to know them and worried about the difficulties ahead that they will face  in their professional lives..... Some that they can't imagine yet.... I'm feeling very parental and protective of these young warriors..i guess my age is showing  in  mysterious ways....

I was beginning to think I would not experience a "tlc" moment in small group, but sure enough, in the last small group in the rec room, Connie and I watched a student become a talking cement ramp.....the student transformation was quite remarkable, as it usually is...and was appreciated by all of those in the group....they got it" and i was fulfilled....then the fun of the Dubois rodeo and a tlc team beating the "cowboys" at their own game was the cherry on top....saying good bye and leaving thunderhead was especially difficult for me this time.. I sometimes feel that my "in the moment" experiences  might never be repeated.... I wonder if I'll ever be back to thunderhead....or see my good friends ever again....or meet a new class, or participate in a large or small group...or if I will ever again  make my moose call in the big barn ............when i got home i thought of the July 2012 class every day.....wondered how they were doing.....how much they were learning, laughing, crying, living..... I wanted to fly back out for graduation and think i would have except that my family  became and still is the subject of a credible threat by an angry, heavily armed, psychotic individual  .......needless to say, I'm staying close to family and home..........

Finally, I need to say that  on my last day, when we all gathered in the big barn to say good bye, I experienced a feeling like I've never experienced in my entire life of 65 years.... I was the last staff member to be called.... I was at the end of the line and when Jim  introduced..."Paulie d'................the most wonderful thing happened... The entire class spontaneously made low, harmonious  moose calls to me............it was amazing... I can only describe the feeling as like I was  being recognized and honored by an entire herd of moose....they were my moose family....and they were showing me their approval....i was being verified  and they were saying goodbye in their moose way....i was touched like I had never been touched before... I want to thank the entire class for bestowing that honor upon me.... I'll never forget that moment....

For the finish... I hope to make it back ,meet new warriors and visit with old ones....

Pdumas

Moosecaller

TlC 95"

It was exhilarating to me - to use the TLC methods and have them work

Judith Mattern Hearn , TLC July 2012 Grad. August 15, 2012.

D.S. came to my office, following my court appointment on May, 2012, convinced he was going to do time.  The State had filed a Motion to Revoke Probation on April 12, 2012, following an allegation that D.S. had “intentionally and knowingly caused bodily injury to A.L.J. by punching, pushing, scratching, biting and choking her.”  The other allegations were that D.S. had failed to complete 240 hours of community service as directed by “her” (sic) community supervision officer, and had failed to attend, participate in and successfully complete the Batterer’s Intervention Program as directed by the Community Supervision Officer. 

D.S.’ underlying offense was a third degree family violence charge, including impeding breath by choking, for which he received seven years probation.  D.S. had been placed on probation the preceding September, 2011.  Each time, I met with D.S., I would get just another piece of information from him, but he had maintained each time, that he did not punched, pushed, scratched, bit or choked A.L.J. 

It Might be a Million Dollar Case

Tony Vitz, TLC 99' Grad & Faculty Member. 7/19/2012

     What is a person’s job worth, especially in this economy? When Walter was arrested for Driving While Intoxicated (DWI), he knew he was in jeopardy of losing his job as a car salesman even though he was the top salesman in the company. This arrest was not only about Walter and his job, it was about his ability to support his wife and their (3) children. There was no doubt that a conviction for this type of offense would mean termination of his employment and a major detour in this family’s life path.

     Walter trusted the breath test and the officer to get it right, but he and the jury found out that the officer and the machine were on a different team and it wasn’t a team for Justice. Walter’s breath specimen produced an alcohol concentration result of .149 on the Intoxilyzer 5000 about an hour and twenty minutes after the officer stopped him. (A .08 or higher is considered intoxicated) Walter admitted to (7) drinks and that “maybe he had two too many”. His field sobriety tests weren’t too bad, but he hopped a bit to retain his balance and wasn’t able to stand in place with one foot in front of the other. The bottom line is that Walter’s actions on the video could be explained and they were not the result of being intoxicated.

     We always want to know how another lawyer won a big case. We get questions like, “How did you overcome the presumption of intoxication?” or “Who was your expert?” and others. I can share some of how we won this one, but there isn’t any one reason. Many lawyers don’t understand what it takes to win. We go into the courtroom with the culmination of life experiences that we use. It is caring about our clients, and being genuine that make the difference, not how much law or science we know. I think trials are like football games. While they aren’t games at all to most of us, every inch can be the difference. Momentum is also very important. We’ve got to grab it and keep it as much as we can until the trial is over. We begin with ourselves in jury selection.

Betrayal of our client by the insurance company

Tom Metier, '94 Grad. Trial Lawyers College List Serve, 6/14/2012.

Warriors and Grad II'ers,

            Pleased to report that Mike Chaloupka (TLC '11) and I obtained a verdict against Auto Owners Insurance last Friday evening.

Gary was hit on Christmas day, 2006, while driving a full size Chevy GMC pickup.  SUV blew through a stop light and T-boned him on the driver's side.  Gary suffered 6 broken ribs and a torn labrum of the left shoulder which required arthroscopic surgery repair in April, 2007, followed by some PT.   Ribs completely healed.  No future medicals.  No past or future wage loss.  Medicals were $30,000, including the three day stay in the hospital immediately after the crash for pain management of the broken ribs.

Farmer's had the liability policy and paid $50,000 policy limits w/in the first year.  Gary had UIM coverage through Auto Owners of $500,000.  Auto Owners was given a medical release by Gary, but not a list of medical providers. In September, 2007  Auto Owners used the medical release to obtain the medical records contained in Farmer's adjuster file. Auto Owners never requested any medical records using the release at any time thereafter, electing instead to continue to try to place the burden of obtaining bills and records on Gary by writing a letter every 3 to 6 months asking for updated information and records/bills.  Gary never responded, completely confident that his insurance company, Auto Owners, would obtain all such records and information and be updated and ready to make an offer to him when he notified Auto Owners he was ready to settle.  After all, that is what they promised, wasn't it?

Auto Owners failed to investigate, evaluate and make an offer to Gary, forcing client to hire attorneys and file suit on December 22, 2009 (three days before the statute of limitations ran).

The jury found my client not guilty in 7 minutes!

Shannon Smith - 2011.2' Grad. TLC List Serve, 7/20/2012.

I'm on fire, so thankful for TLC and have to report!!!!

I am happy to report I got a 7 minute not guilty verdict this morning on a child criminal sexual conduct case in Detroit, Michigan!  Our Michigan group helped me on this case -- thanks to Marj, Cheryl, Keeley, Josh, Ian, JConline, Barton, Rhonda.....and anyone I unintentionally forgot!!!

Facts:  Elise, one of the cutest 9 year olds I've ever seen was sleeping over at the client's house.  Client's wife allowed the child to sleep in the client's bed.  He was asleep with his son who was 4.  In the middle of the night, Clark goes into his room, gets in bed and spoons the person next to him.  Realizes it's not his wife and tells the girl to go sleep with her dad.

She goes into her dad's room and reports "Clark touched me."  The conversation snowballs into allegations that Clark put his hands down her pajama pants and rubbed her privates.  The dad came out of the room and punched Clark.  Clark keeps saying, I'm sorry I touched your daughter, I thought it was my wife.  Forensic interview, 8 days later, she says the same story.  Exam three months later, same story.  At trial, same story. 

Twelve brave citizens of Harris County, Texas had the courage to find my client; Ranulfo Castro, not guilty of the offense of Aggravated Sexual Assault of a Child

Emily Detoto, TLC ’01 Grad. July 11, 2012

Ranulfo Castro was living with one woman but seeing another woman who had three daughters.  He had three grown children of his own.  He knew it was wrong to be living with one woman, while seeing another, but that didn't make him a child molester.  He worked two jobs: one as a landscaper and another as a mechanic.  He worked these jobs to support himself, his common law wife, his children, and his girlfriend and her children. 

Ranulfo met the mother of the girl who would eventually accuse him of sexually assaulting her over a month's time, because he was working on her car.  Her name was Sandra.  Sandra and Ranulfo hit it off and she began sharing personal stories about herself, and the two began speaking almost daily.  About two weeks after Sandra and Ranulfo met, Ranulfo learned that Sandra was engaged to another man, and that she was going to move, along with her children and this man, to Seguin, Texas, a small town outside of San Antonio.  Ranulfo said goodbye to Sandra and didn't expect to hear from her again.  But a short time later, he received a call from Sandra, telling him that the relationship with this man didn't work out.  Sandra asked Ranulfo if he would please drive all the way to Seguin to retrieve her and her children because they had no money and no way to make it back to Houston.  Ranulfo agreed, and he drove all the way to Seguin, Texas to pick up Sandra and her daughters, and helped them get an apartment, and eventually began supporting Sandra and her family.  He paid their rent, bought them food, clothing, and became like a father figure to the family.

THE JURY was my biggest fear.

Leo Finucane, TLC '97 Grad. TLC List Serve, 6/12/2012

Folks,

A little debriefing from last week's trial because I get so much from it

when you do it.

I settled Linda's case after jury selection and a day of testimony from my

experts.

Linda, age 72, got hit by a car as a pedestrian in a store parking lot.

Linda's back was broken and she had to have fusion surgery.  The collision

was captured on the store's security cameras. The trial was about damages

only but we got to play the movie for the jury to show them the force of

impact.  It is a breathtaking little clip.  The hot issue during trial

would be whether Linda was experiencing recent falls from her spinal chord

injury or from a previously existing movement disorder.

But I am here to tell you about my friend, Warrior Steve Shultz and how

much he helped me.