The defendant was guilty as sin.

He and his friends had been drinking; they got stuck in a ditch and asked an old farmer to help them late at night. He tried to help them, but couldn’t. So one of them shot the farmer to death.

I covered that murder trial, 15 years or so ago, in Fayette County. The evidence against the defendant was so overwhelming that one of his defense attorneys sat at his desk drawing tombstones during the prosecution's closing arguments.

I wrote a column about the guilty verdict, and the obvious challenges the defense faced in defending such a case. I thought my article was full of insight, and maybe even a bit of humor.

Then I got a letter from an old judge who had read my story.

He rebuked me.
With extreme kindness but the wisdom that comes with a lifetime of honestly studying the law, he explained how I had failed to understand the importance of the defense in our criminal justice system.

And that honorable judge was right.

I wish I still had the letter because his words were much better than mine could be.

I thought about that murder trial, and that old judge, yesterday as I heard and read the reaction to the Casey Anthony verdict. People are shocked that despite all of the horrible things she did, and the ridiculous theories put forth by her lawyers, the jury declared her not guilty.

"Justice for Caylee" messages are spreading across Facebook. The commentators on TV are exasperated. Many are questioning what's wrong with a society that lets a mother get away with killing her child and then going out to party.

Me, I am thinking about the words of that judge.

I am thinking about our legal system, and how we have to respect the way it works, even if sometimes, we are disappointed, or even horrified by the results.

I am not saying I think Casey Anthony is innocent; I am just asking you to do what the judge advised me: Consider the system. Understand the importance of the laws of evidence. Realize that if law enforcement officers cannot prove how a person died, there will not -- and generally speaking, there should not -- be a murder conviction, unless a confession or other evidence beyond reasonable doubt are presented in court.

Many ask defense lawyers: "How can you defend a Timothy Mc Veigh, or a Roger or James Bentley, or a Casey Anthony?"

The answer is: Because in order for our legal system to work for all of us, the worst of us must have that kind of protection.


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LW July 6, 2011, 12:53 pm Enough said.