Yesterday I was on the verge of selecting a jury in an Indecent Conduct case. My client is serving, essentially, a life sentence. He flashed another inmate at the Maine State Prison. The prosecutor wanted a conviction and more jail time.

When I pointed out that adding a misdemeanor Indecent Conduct conviction to the sentence of a guy who won't be released until 2042 and who already has a horrific criminal history was an insane waste of everyone's time and money, the prosecutor took a hard-line law and order stand and wouldn't back down. He wanted a 90-day sentence. Preserving law and order. Sending a strong message. In the prison.

My client and I decided we would take the case to trial in order to highlight the absurdity of the State's position. Given the limited resources in the criminal justice system these days, we thought it would make a pretty good show.

Well, at the last minute my client showed he was the only reasonable one in the room when he said it wasn't worth the waste of resources. So he pled out and was sentenced to an additional 21 days. 

Justice was served, I suppose.

AuthorJonathan Handelman