Michigan Criminal Lawyers Blog

Jerome Hamilton of Southfield, Michigan, age 17, faces his third consecutive Jury Trial for a single Homicide allegedly committed on October 15, 2008.

The victim, Catherine Blain, 21, was the night manager of a Lathrop Village restaurant. As she left work heading to her parked car, she was allegedly accosted by Mr. Hamilton - who attempted to rob her. Miss Blain resisted and Hamilton reportedly shot her in the head.

Neither of the first two Juries were able to reach a unanimous verdict. That forced the Judge to declare mistrials (dismissals), because jury unanimity is required in criminal cases.

The gunman was aided by two accomplices, one of whom was the getaway driver. The Circuit Court Judge in Pontiac, Michigan has already sentenced the driver to life in prison.

Pursuant to what amounts to a sentence bargain, the second accomplice has agreed to finger Hamilton as the trigger man. The deal slashes the accomplice's potential prison sentence from up to life in prison down to as few as 11 years.

Ironically, the very sentence bargain that elicited that testimony may be the very evidence that left the Juries with doubts about the case. That is because the Judge informs the Jury that they may consider "witness interest" as evidence of incredibility.

A new legal team will handle the third trial. Those lawyers will raise the defense of Alibi. Reportedly, the Defendant's uncle will testify that he was with the Defendant at the time of the homicide - in another part of Metro Detroit.

The Defense of Alibi is sometimes known as the "perfect defense". The obvious reason is that, if the jury believes that the Defendant was not present at crime scene, then his participation was impossible.

In this case, however, the perfect defense may turn out to be the perfect clincher - for the Prosecution. That is because the Defendant's uncle was present in the Court Room during the first two trials, yet the Alibi defense was never mentioned.

Facts like those can open the door to Prosecutorial questions about witness failure to come forward. The point of that questioning is to impeach the credibility of the witness.

The wild card is whether the perception of false defense-witness testimony will taint the Defendant's entire case. In a prosecution where two separate Juries have reviewed the same evidence and declined to find guilt, staying the course may be the safest bet.

Teen to be tried 3rd time in Rib Rack killing, The Detroit Free Press, February 22, 2010

For the second time in less than two months, security was breached at Detroit Metro Airport in Romulus, Michigan.

Though the methods differed in each incident, both seem to involve a common theme: Mental illness. Statements by close family members support that evidence.

Post arrest comments by Michigan Criminal Defense Lawyers in both cases strongly hint that the issue of Legal Insanity will be in play in both criminal trials.

It almost goes without saying that a criminal defense lawyer should explore the defense of Legal Insanity, where the criminal defendant displays psychotic behavior. Where the elements of the crime committed also require proof of specific intent, however, the Defense Team may have a formula for acquittal.

On many levels, though, the defense of legal insanity is a steep mountain to climb. First, societal attitudes toward mental illness and the Defense of Legal Insanity are filled with skepticism and even cynicism. Second, Lawmakers have reacted to those attitudes by raising the bar and imposing formidable obstacles. For example, the Michigan Legislature tinkered with the 400 year old principle of American Criminal Procedure which required the Prosecutor to prove his allegations 'beyond a reasonable doubt'. Lawmakers in Lansing, Michigan simply moved the goalpost by shifting the burden of proof to the Criminal Defendant, when raising the Defense of Legal Insanity.

Third - the law forbids the Defense Lawyer from informing the Jury that an acquittal on grounds of Legal Insanity will not result in the Criminal Defendant walking out of the Courtroom a free man. Since many cases involving the Defense of Legal Insanity include heinous crimes and homicides - the lack of information about post-trial disposition raises the danger that the jury will reject the Defense on purely emotional grounds.

Finally - the most daunting hurdle facing the Criminal Defense Lawyer is often the seriously mentally ill client himself. That is because a hallmark of the disease is lack of insight. That blind-spot commonly hampers the Defendant's ability to participate in his own defense. To counter that deficit, the Defense Lawyer's team must include sympathetic family members and highly trained mental health professionals.

Because in the end, often the only way to answer the ill-informed Jury's concerns is to convince them that the Defendant is not the cause of the incident - the cause of the incident is the mental illness.

Airport security breach suspect suffers mental problems, family says, The Detroit News, February 10, 2010