Finally, the proof is in: Love really does conquer all. And in the case of Pontiac Lawyer Nina Backon it apparently conquered - SANITY.
The Criminal Defense Lawyer showed up at the Oakland County Jail in Pontiac, claiming to be the attorney for inmate Eric WIlimowski.
But alarm bells went off when Authorities noticed that, instead of leafing through legal pads, the Lawyer's hands were busy blowing kisses at the prisoner.
Deputy Sheriffs searched the attorney and seized her cache of controlled substances.
The attorney now faces serious felony charges that could land her in prison for up to 9 years. And with two prior drunk driving convictions, incarceration is likely.
All of which raises the question of legal defenses. One that virtually leaps right off of the page is legal insanity. Another which might at least mitigate the charges is an assertion that the contraband was not intended for her boyfriend - the prisoner.
MEMO to the the Meridian Township Police Officer who was allegedly assaulted by former Judge Beverly Nettles-Nickerson during a not-so-routine traffic stop: When Judges FLIP OUT you'd better WATCH OUT! Because - as demonstrated by Miami Judge Marilyn Milian in the video (above) - whether it be with a Judge's Gavel, an armed courtroom bailiff or a clenched fist - an angry Judge can pack a powerful wallop in more ways than one!
If the arresting Officer in the Lansing area fracas is to be believed, Nettles-Nickerson's weapon of choice in this case was bare knuckles - which led to a charge of Resisting and Obstructing a Police Officer, a felony.
Every felony defendant is entitled to an initial hearing called a Preliminary Examination. That is an adversary, evidentiary proceeding where the Prosecutor must produce evidence in support of each of the necessary elements of the charge. Where every element is supported by evidence, the Presiding Judge must transfer the case to the Circuit Court for trial. Where even one element lacks an evidentiary basis, however, the entire charge must be dismissed.
In this case, a visiting Judge from Jackson, Michigan conducted the hearing. The examining judge found sufficient evidence to support the charges and passed the case on to the Lansing trial court.
The elements of this particular crime are (1) Knowingly and willfully; (2) Obstructing; (3) Any authorized officer; (4) In the performance of his duty.
Under the circumstances, potential affirmative defenses to this charge include the following: (1) The Defendant's action was a mere reflex; (2) Due to a psychotic loss of contact with reality, the Defendant did not comprehend that the victim was a Police Officer (i.e., legal insanity), and possibly; (3) Self defense.
Formerly, a citizen could use reasonable force to resist an illegal arrest, but the Legislature in Lansing abrogated that defense in 2002.
As we know from prior RLG blogs on the topic of legal insanity - society at large views that defense with cynicism. Often the only way for a Criminal Defense Lawyer to overcome that attitude is to present the Jury with a provable history of bizarre or psychotic behavior.
In this case, the Defendant's lawyers may be able to mine that critical evidence out of the ex-Judge's mountain of previous legal troubles. Though that strategy may not be the ex-Judge's preferred way out of her newest legal mess, the defense of legal insanity may be her only realistic hope of avoiding a felony conviction.
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.
