Not Guilty by Reason of Slick Defense Essay Example

convincing. A total of 69 cases, dating back to 1846, have resulted in acquittal when using this defense. However, there have been changes under Arizona law. Since 1994, judges are now required to impose the verdict of "guilty but insane" instead of the previous basis of "temporary insanity".

Now the murderers must serve a sentence in a mental institution, which may last as long as if they went to prison. (Sleepwalking: Definition from Answers. om, 2009)

Prosecutorial Misconduct

In United States v. Koubriti, et al., an indictment charging four individuals with involvement in the 9/11 attacks, was the first post 9/11 case to go to trial. The defense alleged that the government knowingly concealed and misused evidence.

During an internal review lasting nine months, the Justice Department found that prosecutors deliberately concealed crucial evidence, resulting in the unfair imprisonment of defendants. This evidence, which could have proven their innocence, should have been shared with their defense attorneys during the trial. As a result of this misconduct, Judge Rosen has ordered a new trial for Farouk Ali-Haimoud, Ahmed Hannan, Karim Koubriti, and Abdel llah Elmardoudi - the three men involved who now face charges of document fraud that were initially brought against them. In his ruling, Judge Rosen acknowledged that the government had a desire to secure convictions for these individuals perceived as Arab and Islamic suspects after the 9/11 attacks. However, he emphasized that this desire compromised both professional judgment and adherence to justice and the rule of law by the prosecutors.

According to the Karim Koubriti case in 2003, Elmardoudi and Koubriti were found guilty of conspiring to provide material support to terrorists and document fraud. Hannan was convicted

of document fraud, while Haimoud was acquitted of all charges. However, despite the court's decision, their involvement in providing materials for terrorism makes them implicated in murder. Another case, known as the Metro Card Alibi, occurred in May 2009. Jason and Corey Jones were accused of fatally shooting a man near Yankee Stadium due to his role as a government witness in drug and gun cases. While a government witness claimed the brothers were responsible for the shooting, others testified that they were elsewhere at the time.

After several months, the defense attorney requested New York City Transit to track the defendant's activities by examining his metro card. The findings validated Mr. Jones' claim that he utilized it on a bus and subsequently on a subway approximately five miles distant from the location of the shooting incident. Regrettably, there was no visual proof available to corroborate this.

According to a report by LA Times (com, 2008), Mr. Jones experienced credit card theft, and the stolen card was used by someone else near his house. The stolen card was eventually returned to him, but charges were not pursued by prosecutors. Another case involved George A. McCutcheon's conviction for murder in 2009 by the Orange County Superior Court jury. McCutcheon appealed his conviction based on claims of inadequate representation from his defense attorney while arguing self-defense during a dispute about a television. The 4th District Court of Appeal in Santa Ana criticized the defense attorney for failing to consider McCutcheon's intoxicated state during the shooting, not requesting a lesser verdict of assault, and making other tactical errors during the initial defense. The court concluded that with proper representation, McCutcheon

would likely have achieved a better outcome (Incompetent Defense ruled in Trabuco Case-LA Times, 1988). It is possible that he intentionally exploited his defense attorney's incompetence instead of demanding adequate representation during the first trial.

Mistaken Identity

On October 13, 1987, a shooting incident took place at an auto repair shop in Spokane. This unfortunate event resulted in the tragic deaths of five men: Misael Barajas, Juan Antonio Garcia, Eliceo Lamas, Rafael Magollin, and Francisco Cortez. Only one person survived - Aldo Montes - who identified Vicente Ruiz as the perpetrator when shown a selection of six photos. Furthermore, evidence collected from various locations also pointed towards Ruiz's involvement. However, defense attorney Bob Thompson argued that law enforcement had mistakenly arrested the wrong individual. Thompson claimed that the murders were driven by drugs, counterfeiting, and money laundering; nevertheless, there was no concrete evidence linking Ruiz to these crimes. Thompson emphasized that while there was proof placing Ruiz at the crime scene, there was no evidence indicating his role as the shooter.

Ruiz was arrested by Pasco police in October, 2007, at Los Angeles International Airport. Despite denying any involvement in the shootings, he claimed his departure to Mexico 23 years ago was for a lengthy vacation. Following two mistrials, the case has been transferred to Spokane County on November 9, 2010 and is expected to continue until December (Mistaken identity, Ruiz defense says, 2010). It is intriguing that both an eyewitness and evidence placed him at the scene; however, he did not discharge a single shot and there is no other indication pointing towards the true perpetrator. (I think I need a

vacation…)

“Flashover” Fire

In Prescott, Arizona on November 20, 1981, Ray Girdler's spouse Sherrie and their three-year-old daughter Jennifer perished in their ablaze residence.

He was the sole survivor and was found guilty of committing murder through arson in 1982. At that time, David Dale, the state fire marshal, testified that the fire was caused by ignited gasoline surrounding the victims. Girdler was sentenced to 71 years in Arizona State Prison by Judge James Sult of Yavapai County Superior Court for two counts of arson murder and one count of arson. In September 1990, Girdler's defense attorney, Hammond, represented him in a new trial granted on the basis of new evidence. Defense experts argued that Girdler's house was not intentionally set on fire but rather destroyed by a newly discovered phenomenon known as "flashover" fire.

Experts say that when a fire starts, hot gases gather and heat up at the ceiling level. Once these gases reach about 1,100 degrees Fahrenheit, everything in the room catches fire. This kind of fire resembles one caused deliberately by using flammable liquids. It was suggested that either a smoldering cigarette or a homemade electrical device sparked the fire. State fire marshal Dale stated during the initial trial that he was aware of this phenomenon since 1982 and had ruled out the possibility. However, in the new trial, he testified that he still believed Girdler intentionally poured gasoline around his wife and daughter. Despite Dale's testimony, the murder conviction was overturned by Judge Sult, citing the "flashover" fire phenomenon as the reason for burning the truth (Down in Flames Judge Tosses Out Murder conviction in 1981 Prescott Arson Case, 1990). Ray Girdler was fortunate

that this phenomenon existed to reveal the truth.

Conclusion:

In an attempt to evade responsibility, murder suspects tend to manipulate the truth, while resourceful defense attorneys can convincingly persuade a jury. Consequently, numerous cases are being reexamined due to what is assumed to be new "evidence"; however, this evidence often comprises imaginative defense strategies aimed at enabling murderers to evade justice.