Criminal

Trial Advocacy 1st part

By February 7, 2017 No Comments

Relationship with Mac, sitting on a downward spiral and she wanted to die! She turned to Mac and constantly begged and pleaded, with him to do her bidding. On the night that marks the 21st, 1961 wearing only pink jammies bearing road with Mac to stark tank just outside extra County. After giving her a final kiss, he put the shotgun to her head and pulled the trigger and wiped out her earthly troubles. Mac told this story to the police. Took them to the stark tank where he left Betty’s body. In the meantime he retained, Warren Bernet. Warren made a plaintiff to the court jury admitted that he was not contesting that Mac would have done the killing. He forcefully told the court jury in the opening statement that this state of Texas had to prove Mac’s sanity at the time. Warren steered clear of claiming irresistible impulse which we don’t have, and hammered on the unique phrase,” deprivation of reason”

So he characterized Dr. Marvin DE grace testified, that Mac had lost his ability to reason, that he was deprived of his reason and shot Betty, while under that influence. The jury found Mac innocent by reason of temporary insanity. The kiss and kill a murder is another striking example of the real drama that permits trial by jury. Of the equal importance the case spotlights Warren Bernet as one of the all-time premier lawyers of our profession. Just like this one …Gold Stein.

Of equal importance as I say is he’s a premier lawyer. One time I chanced to be Judge in DW Settle’s court room and a, a young lawyer was whirling all over the place trying to; develop her admission for particular piece of evidence. Judge Suttle called him to the bench and asked him,” Counsel, in the future instead of using a shotgun to prove you’re point, why don’t you use a scope, like Warren Bernet.” That says a lot to me! During my over 60 years of practice, I never faced a more worthy opponent, than Warren.

There just, lot of stories going around about his and my race for district attorney. In 1952 I ran against him for DA in midline in Odessa. We had lot of fun. His car went rather part of town mine went rather part town so we had shared cars and go to the valley…rallies and everything. While on July 4th 1952 at the American legion rally, it fell upon me to speak…first! Unfortunately! I was a family man, I had, children, a wife. Doing my best to build a family…

So I, I built on that, hammered on manhood, family man! And I kinda didn’t aside that Warren’s got time to make a family man. He’s too busy riding out sowing wild oats so like the family man, family man, family man. That was a mistake! Warren said. Any of you ever hear Warren Bernet, well If you haven’t you’ve missed a, heck of a voice! He toned his voice down said,” Well yeah! Charlie and I get friends, best friends. In fact the matter is, we came here today in my car. I respect him at being a family man! And I know I’m not! But this race boils down to one simple issue. In your district attorney, do you want fertility or ability? Come-on in honey I’ve been waiting for you. On the way home one night a young woman whose boyfriend was a camera man at TV station with star falls

So a man lurking behind her, she went into her apartment, left the screen door. Last but didn’t last the door. Crawled into bed! Pretty soon there was latch unless she saw looming in the, doorway, this man! In a sweet sexy voice she purged, “come on in honey I’ve been waiting for you!” well the guy was a, excited he crawled on bed. She embraced him but there was a catch to it. She had an ice pick in her hand. She stabbed him in the back and called the police and as he lay on the floor he said,” Please tell my wife that I loved her”. When I trialed the defendant, one of his leg was notably shorter than the other and his lawyer had pleaded entrapment. But it didn’t work.
Although if that wasn’t enough, the boy, the girls boyfriend took photos having him in the trial, limping down the steps and down the steps and send it to the home TV station with his cover story. That’s pretty cold. Now this case is a chuffer board perk, demonstrates the value again of, demonstrative evidence. My young client was in a of habit hugging a pretty waitress when suddenly a, chuffer board poet, perk you know what they are, whizzed past him and past his head, went to the sheet rock. Russian Totem was her boyfriend, oil field worker. He shot him in a leg stopped him in his tracks.

Francisco Hernandez

Author Francisco Hernandez

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