Sleeping Attorney

Re “Condemned Man Awaits Fate in Dozing Lawyer Case,” June 6: If this were not a deadly serious situation, the Texas attorney general’s office’s position would be laughable. There is sworn testimony that defense counsel often slept during the course of Calvin J. Burdine’s trial, even when his client was being cross-examined by the prosecutor. Even though they acknowledge defense counsel’s propensity to snooze, Texas asserts that the defendant hasn’t shown error that would constitute grounds for reversal.

The appropriate action would have been for Texas to refrain from arguing against the granting of a new trial. If at the subsequent trial, competent defense counsel does not prevail for Burdine, then so be it. But the constitutional requirements of due process of law would have been satisfied. That’s what all of us should want. Perhaps if the Texas lawyers had slept on this issue, they would have come to the right result.

DON JOEL

Laguna Beach