Delay Tactics by Attorneys

In response to “Ingenious Tactics by Attorneys May Offset Long Odds,” by Edwin Chen, Part I, April 30:

A potentially informative and interesting article with regard to the difficulties faced by defense attorneys in criminal cases was tainted by Chen’s selection of cynical comments from some “experts” and reliance on undocumented slanders. In particular, I refer to his statement, “Another pervasive defense tactic is to delay a case endlessly.” He does not explore the legitimate need of defense lawyers to seek sufficient time to investigate their cases and prepare appropriate legal motions; he implies that their purpose is to allow witnesses to die, memories to fade and evidence to be lost.

I have practiced criminal defense for over 20 years. In that time I have lectured others on criminal law, listened to experts on criminal law, taught criminal law, headed a public defender law office, served as president of the California Public Defenders Assn., and in general been constantly immersed in the practice and theory of criminal defense in California. I have never taught nor have I been taught that a continuance for the purposes he notes is proper or to be sought.

Perhaps the next time you decide to deal with this subject your reporters will talk to the ordinary, overburdened trial lawyers, especially those in the public defender practice. What you will find is that they have more cases than can be reasonably handled at any one time; that there are not enough courtrooms to begin to try every case that the prosecution files; that some prosecutors overfile cases with the sole purpose of forcing pleas; that some of their defendants are not guilty and that many are not guilty of the crime charged; that cases move very fast and that there is already precious little time and resources to prepare the defense to a case which may have been put together over weeks or months by police, prosecution and other personnel.

It might also be worth your examining the motives of the attorneys who represent the indigent defendant. We get no more money for acquittals, we get no less business if we are in trial a lot. While we may be less quotable than the media stars you cite, we are a lot closer to the truth of the system, and we know that if it were not for the efforts of a few dedicated defenders of the criminally accused all citizens would have less freedom than they now enjoy.

GLEN MOWRER

Public Defender

Santa Barbara County