Life as a Public Defender
BROWARD COUNTY, Fla. -- I knew it the minute the word "yes" came out of my mouth - at the same time my fists were pumped in the air - that I had violated courtroom etiquette with what has been called an excessive celebration. I reacted before the thought of maintaining my composure had time to even cross my mind.
I committed this faux pas during the trial of Mae Jones. Mae was a teenager at the time of the incident and she had never been in trouble with the law before this case. My immediate fear for Mae was not that she could see the inside of a jail if we lost at trial but that she would have a criminal record. Mae had been charged were resisting arrest without violence and carrying a concealed weapon.
It was Labor Day and a group of high school students went to the beach where a fight broke out. While witnessing this fight Mae saw a knife fall out of the pocket of one of the boys involved. Mae found the knife in the sand and put it in her pocket. Thinking, if she had the knife the boys fighting couldn't use it.
Shortly after the fight police arrived on scene. Things got physical between an officer and at least one youngster. This caused a crowd of onlookers to gather.
According to the officer who arrested Mae, people in the crowd started yelling and taking video. Mae joined in by videotaping the officers and hurling egregious insults at them. This officer, controlling the crowd, asked Mae to stop recording but Mae refused. The officer testified that she told Mae more than once to back away from the incident area and Mae refused. Mae was subsequently arrested. The allegations of resisting were based on Mae not complying with the lawful commands of the officer. The knife was found in Mae's pocket when she was searched after her arrest.
Even though Mae had a good case for trial she was not proud of how she acted that day. I told Mae if I could get her in the state attorney's misdemeanor diversion program and she successfully completed it the charges would be dropped. Mae wanted in.
The diversion program, which can include taking classes, counseling and doing community service hours, is an opportunity for first time offenders to take their case out of the criminal court system. The problem with Broward County's misdemeanor diversion program, besides the cost, is actually getting approval to enter the program. It is up to the state attorney's office to decide who to let in. Eligibility is decided on a case-by-case basis for certain offenses.
Unfortunately for Mae, carrying a concealed weapon is one of those crimes that require a second look. More unfortunate is that the program's gatekeeper often just reads the police report and makes her decision without learning anything about the case or the accused. When I inquire about the eligibility of my clients to enter the program I prepare myself to hear the word no. I heard it yet again in Mae's case -- no the gatekeeper was not going to let her in the program.
We were left with two options; Mae could accept the state's plea offer and have a criminal record for the remainder of her life or she could take her case to trial and hope for a not guilty verdict. This was not an easy decision. I warned Mae of the risks while letting her know that I didn't think the state could prove that she committed either crime. After numerous discussions the decision was made, we would take Mae's case to a jury.
At least that's what I thought. Before a jury starts deliberating there are two times when the defense can ask the judge for an acquittal based on the state's evidence being insufficient for a conviction.
My trial partner argued the motion for a judgment of acquittal. The motion on the concealed weapons charge was granted. The judge found that the knife was a "common pocket knife" and this type of knife is not a weapon under Florida law.
I knew we would have a harder time getting an acquittal on the resisting arrest without violence charge. I didn't think that the state proved this crime either but I expected the judge to let the jury decide. When my trial partner argued our renewed motion for a judgment of acquittal I was already focused on how I was going to convince the jury that Mae was not guilty.
I felt the pressure. Mae had spent the past day and a half sitting at the defense table so numb that I believed she was paralyzed by fear. I didn't think the judge would send Mae to jail if she was found guilty but I couldn't make her any promises. I felt as if Mae's future was in my hands. At twenty years old Mae did not deserve to spend the rest of her life as a convicted criminal.
I was trying to figure out the best way to convey this belief to the jury when I heard the word "granted." Mae was acquitted before the jury had the chance to deliberate. It wasn't until after I had said "yes" loud enough for the judge to hear that I realized what I had done.
It was unprofessional. I outwardly reacted to a ruling. I should not have celebrated and certainly not excessively but what can I say? I save my moderate celebrations for when the state allows my first time offenders into their diversion program.
The high profile trials of Manuel Noriega, Timothy McVeigh, OJ Simpson and George Zimmerman are among the important legal stories Kim Segal covered as a journalist for over two decades. While working as a producer for CNN, she began attending law school at night, and was admitted to the Florida Bar in 2005.
At 46, she left her television career for a position as a Public Defender in Broward County, Florida.