Tunnel Vision: Nebraska v. Dr. Anthony Garcia Ep. 222: Pathology of Leased Resistance
Defense Diaries
Defense Diaries
4.6 • 2.3K Ratings
🗓️ 15 September 2022
⏱️ 45 minutes
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Summary
Thus far, the tip to dead end ratio is an unfortunate 1:1 for the Omaha Police Department. The Russian still has a few questions to answer, for example, where was he on the day Shirlee Sherman and Thomas Hunter were murdered.
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Transcript
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| 0:00.0 | The most common question that I'm asked when I tell people that I'm a criminal defense |
| 0:09.1 | attorney is, do I ask my clients if they did it? |
| 0:13.4 | The second most commonly asked question, how do you defend such a person? |
| 0:18.1 | And the answer for both is the same. |
| 0:23.2 | Much like what we continually say about life in general on this pod, in that it's not black |
| 0:28.8 | and white, it falls squarely in the grays. |
| 0:33.1 | Because for as long as I've been practicing law, I've had maybe three occasions were |
| 0:37.8 | during an initial client consult that an alleged offender has come clean and admitted that |
| 0:44.4 | they in fact did commit whatever they are accused of doing by law enforcement. |
| 0:49.5 | Now, that is not such a stunning number when you take into consideration that I'd never, |
| 0:55.7 | ever ask my clients if they did it. |
| 0:57.9 | It's not because that I don't want to know the answer. |
| 1:00.8 | No, it's because the answer has no bearing on what my job as a defense attorney is. |
| 1:08.0 | Now, if you're sitting there thinking to yourself, well, what the hell does he mean? |
| 1:12.0 | That seems like the entire point of being a defense attorney. |
| 1:15.5 | Well, after watching years of TV and movies, I can completely understand why you would |
| 1:21.4 | think that. |
| 1:22.4 | But the simple fact is that it's wrong, and I'll tell you why. |
| 1:28.5 | So when a client calls and says, hey, I need a lawyer, I say, okay, now I need you to listen |
| 1:34.4 | very carefully to the question that I am about to put forth to you, then I will ask them, |
| 1:41.2 | what are the cops saying that you did? |
| 1:44.7 | I don't ask them, what did you do? |
... |
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