Criminal

appealing a criminal case part 3

By February 17, 2017 No Comments

Now we’re going to move on to some other topics. Mental competency! We handled the case again at the public defender’s office where this, this poor man Shane Green, and I urge you to read that case, was just crazy as, just bad shit crazy! Ok? To use a text, ok nobody thought that was funny but [audience giggles] use a text book, word, he was bad shit crazy. He talked about his father was a spaceman and that rubber bullets would bounce off of him and just all kinds of stuff and, and I’d met with him and I fought so hard for this man and so did my colleague Hillsry Sheard! And this man was not competent to do anything! Nothing! And his court appointed attorney just, plead him! Just, got the file opened it up, read it and plead him. And there was so much more in there. So on appeal we ended up having this long saga, of him being shrunk! And then, those records being sent to the prosecution, who sent them to the court of appeals! Ok? Ex parte! I couldn’t make this up ya’ll. That really happened! That really happened. I raised holly hell! Let me tell you. Did anything happen to the prosecutor? No! So, keep an eye on your clients, make sure they’re competent, see who’s visiting them in jail, see who is shrinking them. Follow all that to the tea. Because it will, it will come back to you.

nabla Espanol?, ok. Don’t allow yourself you’re legal assistant or the bail have to be a translator. You don’t know how many times I have been in of all counties and I have seen judges, have their bail of translate. Have you know, Maria from the district clerk’s office come translate. Someone from human resources translate. Because they’re too cheap to pay for translator. That’s B.S. you asked for one, you demand one, you file a motion and you demand one again. And just keep putting on the record. There is no bright line test for needing a translator. The court of criminal appeals has not issued a bright line test. It’s purely within the discretion of the trial court.

Now, the department of justice did initiate a directive that, that urges law enforcement communities and prosecution communities to provide a translator. A case that I, that I’ve discussed in your paper, or in my paper, our paper, has to do with Azel Abdygapparova. I could talk an entire hour just about that one case. She was a refugee from Kazakhstan and was attending UTSA. English was not her first language. She spoke Kazakh. Ok? And some Russian. She was there as the math major. Now I don’t do math obviously because I’m a lawyer. But some of you may have some math skills, and my understanding is that when you’re a mathematician that is, that is in itself, its own language. ok? Math is its own language. So the fact that English may not be your first language, won’t affect your ability to learn to math. Does that make sense? Ok. According to math people, I have no idea.

So, the trial court in Bear County made huge, problems with this case and refused to give this woman a translator! Refused to give her one! She made comments on the record, let me get to that. She made comments on the record that were just stunningly outrageous! That, well isn’t it interesting, let’s see *tada tada* here, here’s some comments that the trial court made; this defendant is quite intelligent, I suppose it’s no big deal to her to spend another year in jail. But as far as Miss Rosado’s family is concerned, that’s the victim! They’ve been waiting a long time for justice. Isn’t it ironic counsel, that the taxpayers of this county have to pay for an outfit for this defendant, yet you received a retainer? And quote,” I think actions speak louder than words.” Ok.

So what this trial court did, was very young trial attorney who kind of got thrown into this. You know sometimes ignorance is bliss and you don’t know any better. This young attorney stood up again and again and pointed out the comments that this judge was making, pointing out that her attorney that the attorney could not communicate very well with her client. The trial court said that the client could have an English dictionary! Ok!

Francisco Hernandez

Author Francisco Hernandez

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