…most of the justice is in the halls.”

That classic phrase among lawyers aptly describes how things work.  When criminal charges are levied by the authorities, far more cases are closed by plea bargains than go to trial.  In civil lawsuits, far more result in out-of-court settlements than in full blown trials.

My own schedule as an expert witness in cases involving weapons, shootings, and assorted homicides is a good example. Let’s look at the second quarter of 2014 from the perspective of one denizen of The System.

April, 2014: Three cases, done.

Case One: A Federal lawsuit with heavy political overtones, which had to go to trial, both sides being implacable in their positions.  I testified for somewhere between two and a half and three hours (I don’t keep a clock, but it turns out the judge had a “Chess Clock” on the bench, having allowed a certain amount of hours for each side to state their case).  The opposing side chose not to cross-examine.  Never a bad thing. We are waiting now for judge in this bench trial to give a ruling, because it is a complicated matter. And, whichever side is ruled against, is sure to appeal, so the case is sure to remain alive…

Case Two: An excessive force case filed against a law enforcement agency, in which I was retained as expert witness on behalf of the involved officer and his department.  Plaintiff claimed that he was shot and wounded for nothing by out-of-control rogue officer; officer who unleashed his department-issue SIG stated that the suspect was trying to run him over when he fired. Case ends shortly after deposition of plaintiff, who claims under oath that he was backing up away from officer when officer shot him for no reason; plaintiff and his attorney are shown the video of the shooting in which the plaintiff can be clearly seen attempting to crush a police officer to death with his vehicle, at which time the cop opens fire.  Because judges in civil cases know how costly it is to the taxpayers to pay for days or weeks or months of trial – particularly when the plaintiffs have a bullshit case – they encourage the defendants in civil suits to at least attempt to settle. A chump change offer has been put on the table accordingly, shortly after the case was filed.  After seeing the video of the actual incident, plaintiff and lawyer take the chump change and run. Case closed.  It would have cost far more to try the case and win.  (I don’t like it… the lawyers defending the cops didn’t particularly like it…and the wrongfully accused officer couldn’t have liked it, but that’s how things work in this society.)

Case Three: Big strong guy tries to beat the crap out of little guy for no good reason. Little guy pulls out his legally carried gun, shoots big guy, makes big guy stop.  Big guy lies about it; little guy does what the Internet told him and doesn’t say anything; having only big guy’s word for it The State charges little guy with attempted murder.  I and another expert analyze the case, send in our reports, and wait.  Initial prosecuting attorney believes the big guy, who after all is the Injured Party and the Victim, and trial is scheduled.  New prosecuting attorney is assigned, and smart defense attorney sits down with new prosecuting attorney and explains exactly what is going on here.  Smart new prosecutor analyses the evidence and realizes, “Holy crap, this was clear-cut self-defense! I’m supposed to try to prosecute this? No Way!”  Case is dropped, ordeal is over. Nobody gives the defendant back the money he spent on his defense team, but justice has finally been done.

May,2014:

Quiet month for this sort of stuff on my end.  One coast-to-coast trip to view shooting scene and interview the involved officers I’ve been retained to speak for.  Evidence absolutely confirms what the criminal justice system has already determined to be a justifiable shooting…trial in the civil lawsuit over the matter is down the road.

Take-away lesson: Most of these things end without going to trial. By and large, the system works.  MOST prosecutors take seriously their role as ministers of justice, responsible for the exoneration of the innocent just as much as they’re responsible for the prosecution of the guilty.  SOME plaintiffs’ cases are absolutely righteous, but SOME are nothing less than legalized extortion.

June, 2014:

Well, the month is young…

1 COMMENT

  1. Mas,
    You say that judges know how costly it is to the taxpayers to take a case to trial so they encourage out of court settlements.
    Unless the judges and prosecutors are working by the hour, I don’t see where the savings are.
    I don’t know about other states, but in IL the jurers pay will barely cover lunch and parking.

  2. The thing that upsets me about the system is that while justice may have been served the bad guy often gets a settlement or the defendant who is finally exonerated had to basically give up their house to pay for the justice. The bad guys often pay nothing or even end up with something. The guy who was shot by the cop after trying to run him over probably had all his medical expenses paid for by the tax payer and they probably didn’t charge him because of his charge of excessive force. The only time the bad guys seem to lose is when the good guy shoots them dead. But even then the family then sues because their on parole, five time incarcerated loser son, would never try and carjack the guy that shot him.

  4. My Mag-40 class notes are on my desk at work. I read through them at least once a month. The whole issue of doing things right after a shooting, when you are full of adrenaline and your brain is racing, can not be over stated. AOJ is fairly easy to process before a shooting. Doing things right afterwards is just as important. That is why I re-read the class notes consistently. If it ever happens I know I need the detective and the DA to believe me, that will save thousands of $. The stories and lessons learned from them really were eye openers. Thanks for your tireless efforts to keep us armed and free Mas.

  6. Thank you Mas…for being there… you always have been and there are those of us that know it…

  7. I belong to the Armed Citizen Legal Defense Network and that’s the only way I would have any money for a Self Defense shooting. I have been disabled since 1995 and have been carrying concealed for longer than that. With thing going on like they are today I am never with out a firearm on me. When I put my clothes on in the morning my gun goes on also. What do people do if they don’t have the means of hiring an expert witness and lawyer? I have studied the material sent to me by the ACLDN. Some of it is good bedtime reading it will put you right to sleep. I have on my IPhone the things you need to say to the police if I am in a SD shooting. That was one of your videos. If anyone does not belong They should really consider it. Best price and Marty has really made it to where anyone can afford it not like the others I have seen at 5 to 6 times the price.

  8. More from the DOJ: this time it’s Operation Choke Point.

    Synopsis: “The Obama administration, after failing to get gun control passed on Capitol Hill, has resorted to using its executive power to try to put some in the firearms industry out of business, House Republican investigators say. The assertion is included in a report recently released by California GOP Rep. Darrell Issa, chairman of the House Oversight and Government Reform Committee.”

    More here:
    http://www.foxnews.com/politics/2014/06/02/holder-justice-department-accused-gun-grab-with-choke-point-program/

  9. Ditto on the ACLDN. I was honored to meet Mas and part of the team at 2014 NRAAM. Thanks for your tireless efforts!!

  10. Mas: First, thanks for the valuable info.
    Second, what is your opinion of “self-defense shooting litigation” insurance such as the ACLDN described above? (There are at least a half-dozen others, including one promoted by the NRA). Do you personally feel that is it a good idea like renter’s insurance on an apartment (not required like car insurance) or is it something that is not worth the cost/risk? (i.e. do the odds of ever needing it outweigh the cost ($100+ per year).

  11. Captain Bob, I’ve been on board with ACLDN from the beginning and, after that total disclosure, can tell you from personal experience that they stand up for their members. My involvement with them — in addition to being a member, of course — is on the training side for both affiliate lawyers and the members, and as one of the on-call expert witnesses for their members.

  12. It is the pits that scum can sue and get “chump change” instead of jail time…

    I had car accident where I was NOT at fault. Gal who was “cause” but sued got a grand from my insurance co to avoid going to trial. I complained. They said if I wanted to pay court, legal, costs, any settlement then they wouldn’t give her the money “to go away”

  13. In case 2, was the perp prosecuted for attempted murder? If he wasn’t already going to prison for a long time, could they have kept the video secret until the trial, won, and then put they guy away for years for perjury?

    If they showed the video and the suit went forward anyway, couldn’t they sue the lawyer for filing a frivolous case?

  14. Interesting isn’t it?

    19 yrs ago I was arrested for having a handgun legally in my car. Bottom line was that the officer wanted my custom 1911. Prosecutor offered me a $300 fine and forfeit my weapon, but I forced a trial. Judge chewed out the officer, gave me my stuff back. Bottom line it cost me $2,000 to be right, PLUS the $600 the State Troopers stole from my wallet. Justice?

    6 years ago my place was thoroughly burglarized and a car stolen. 2 of 4 perps caught, written confessions, etc. Police refused to pursue because they said “the judge would just turn them loose anyway.” I’m out $40 thousand. Police chief fired. Investigating officer promoted. One perp dead running from high speed pursuit, one dead from drug overdose. Third did a jail break, sent to prison, out in 3 months robbing houses again…. Justice?

    Druggies walk. We get written up for 2 mph over the limit going down a hill.

    Not much respect for law enforcement or judicial system here.

  15. Pardon me. I neglected to add that the Chief of Police and the Investigating Officer told me: “IF you were home, you wouldn’t have been robbed.”

  16. Larry: I hear you. Similar siuation. Guy sideswiped me while speeding and went on to hit a concrete barrier. I had everything from aerial photos of the skidmarks to a retired Highway Patrol accident investigation officer ready to testify that I was completely not at fault yet my insurance company split the $16,000 cost to repair his truck and the few hundred dollars for my car. I was infuriated, asked why and was told, “It’s cheaper than going to trial.” They even had the balls to compliment me on the aerial photos of the skid marks (took them myself) but didn’t want to fight for right. And I got higher premiums……

  17. Aix Sponsa, such blatant abuses by the police surely made the media. Could you please provide some links or names and city so we can verify? Otherwise, we may be left with the possibility that this was all made up by a cop hating troll.

  19. Aix – I, too desire, more information as I did a few searches with what you’ve given us and came up with nothing. That really isn’t surprising, given what little I had to go on. If you are, indeed, a “cop-hating troll,” you still owe us more – what brought you to post such stuff?