GOD

COUNTRY

CORPS
The ultimate measure of a man is not where he stands in moments of
comfort and convenience, but where he stands at times of challenge and controversy.
Dr. Martin Luther King, Jr.

    I chose the above because it represents what I believe in  and how I practice law.   I am an advocate for the accused and a defender of our Constitutional rights.  I have chosen to represent the poor and the least popular of our society.   I strongly believe that those who have the least in our society deserve as good a representation as those with the most in our society.  Therefore, most of my practice is devoted to representing indigent people.

    God has given me the means and the ability to do what I do today and to be where I am today.    If it were not for God, I would not be here today and doing what I do today.  I attribute any success that I have had in life to Him.  I have not always been faithful to Him but He has always been faithful to me. 

    The oldest still governing written constitution in the world is the Massachusetts Constitution and Declaration of Rights.   Our forefathers made tremendous sacrifices to bring about a vision for this country.   They put that vision into our Constitution.  Many men and women have paid the ultimate price for our freedom,  our Constitutions are written in their blood, our very freedoms were paid for by them.

    Freedom is not "free."   The cost can come in the form of someone's life, limb, health or other sacrifice.  It can also come in the form of justice.  Justice does not always mean vindication, revenge or the misquoted biblical verse "an eye for an eye."   Sometimes justice means letting the guilty go free in order that no innocent man or woman be imprisoned.     

"It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished. But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, ‘whether I do good or whether I do evil is immaterial, for innocence itself is no protection,’ and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever"   John Adams in his closing argument while defending the 8 British Soldiers accused of killing 5 colonists in the "Boston Massacre." 6 were acquitted, 2 convicted of manslaughter.      

    The Presumption of Innocence is the cornerstone to our justice system and our freedom.  Before the government can take anyone's freedom, yes even the guilty,  it must show beyond a reasonable doubt that the defendant is guilty of each and every element of the offense charged.  Unless and until the government can do this, the defendant is presumed to be innocent.    Without this protection the government would be able to imprison people at will.   If you doubt this just take a walk through history or ask someone who has lived in a country where the defendant is presumed to be guilty until he or she can prove their innocence.  "They that can give up essential liberty to obtain a little temporary  safety deserve neither liberty nor safety." -- Benjamin Franklin

    When the rights of one individual are violated, ignored, or trampled upon, the rights of
ALL are violated, weakened, and threatened.   "You can only protect your liberties in this world by protecting the other man's freedom. You can only be free if I am free."   Clarence Darrow
   
    As for seeking justice, someone once said that, "True justice should be motivated by compassion - rather than revenge; and, should be measured not by how we treat those regarded as our best of citizens but how we treat those regarded as our worst."
  

Bar Admissions:
United States Supreme Court, February 22, 2005
Supreme Judicial Court of Massachusetts, December 19, 1994
United States District Court, District of Massachusetts, March 24, 1995
United States Court of Appeals for the First Circuit, January 10, 1995
United States Court of Appeals for the Fifth Circuit, February 17, 2005


Teaching Positions:


Part Time Visiting Lecturer
, University of Massachusetts at Dartmouth, 285 Old Westport Road, Dartmouth, MA 02747 
Courses taught:
  Criminal Due Process (CJS 270) and Special Topics:  Death Penalty (CJS 400)

Lecturer, Southern New England School of Law, 333 Faunce Corner Road, Dartmouth, MA 02747
Courses taught:  Criminal Procedure

 

Continuing Legal Education:
A successful defense lawyer must be dedicated to zealous, passionate advocacy and committed to the ongoing process of higher learning.  

National Criminal Defense College, Theories and Themes, Atlanta, GA, 2007
Theories and Themes focused on developing the theory and theme of your case.  Intensive small group exercises supplemented by lectures and demonstrations.  Participants discussed, observed and practiced the suggested techniques. A video record of each participant's small group work was made to encourage reflection and continued improvement.


Trial Lawyers College, Thunderhead Ranch, Dubois, Wyoming, 2006 -  Grad. 1 Program
This program is for graduates of the full length TLC program and  focused on using the tools of psychodrama in re-enactment and discovering the story of your case
to help lawyers become better trial advocates and better people.  

Trial Lawyers College, Thunderhead Ranch, Dubois, Wyoming, 2004
The Trial Lawyers College is dedicated to training and educating lawyers and judges who are committed to the jury system and to representing and obtaining justice for individuals; the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression.  Gerry Spence founded this college in an effort to pass on what he has learned over the many years he has lived and practiced law.  Every year, since 1994,  lawyers from across the country have been selected to attend this intensive program.  In 2004 I was one of 52 lawyers selected to attend the college.    In addition to Gerry, the college has some of the most talented and respected trial lawyers from across the country teaching various skills.

National Criminal Defense College, Advanced Cross Examination, Atlanta, GA, 2001
The Advanced  Cross Examination seminar in Atlanta, GA is a comprehensive approach, using concrete examples, of the "why and how" of cross-examination.  An excellent program for criminal defense lawyers to practice and sharpen their cross-examination skills.  The faculty was some of the top criminal defense lawyers in America. 

National Criminal Defense College, Trial Practice Institute, Macon, GA, 2000 
The Trial Practice Institute at the National Criminal Defense College (NCDC) in Macon, Georgia, is a two week intensive trial practice program.   A faculty of top criminal defense lawyers from all over the country conducts the NCDC program. There were 96 students, and we studied all phases of trial preparation and trial work. It was an excellent program, with an opportunity to spend time with other criminal defense lawyers from all over the United States. 

Committee for Public Counsel Services, Jury Skills Course,  Boston, MA, 1996

M.C.L.E. Collateral Effects of Criminal Conduct.  02/07/2007.
The seminar addressed the collateral consequences of criminal charges and convictions on: public housing, employment, federal sentencing laws, immigration, driver's licensing, and professional licenses.  Also covered was the impact of juvenile delinquency proceedings on military service, employment and college admission.

M.C.L.E.  Southeastern Massachusetts Criminal Law Practice Forum.  10/20/2005.
Review of the recent changes to the Rules of Criminal Procedure and the new District Court and Superior Court time standards.  Recent developments in caselaw effecting criminal trial practice throughout Massachusetts, as well as specific issues involving criminal practice in Southeastern Massachusetts.

M.C.L.E.   Pozner & Dodd on "Killer" Cross-Examination.   11/05/2004.
Pozner & Dodd are co-authors of Cross-Examination: Science and Techniques.   Pozner & Dodd presented courtroom techniques and strategies for cross-examination of witnesses. 


M.C.L.E. 
"Planning to Win with James McElhaney."  Trial Advocacy.  11/07/2003.
This
seminar focused on trial techniques and persuasion.   Jim is the Baker & Hostetler Distinguished Scholar in Trial Practice at Case Western Reserve University Law School in Cleveland and the Fred Parks Distinguished Lecturer in Trial Advocacy  at South Texas College of Law in Houston.

Center For Advanced Legal Studies, Suffolk University Law School,  
Dynamic and Effective Advocacy in the Courtroom.  6/5/2003.
The seminar was taught by Lisa DeCaro and Leonard Matheo who are frequent speakers for Bar Association and Trial Association events, and have written articles and columns for various legal journals and publications.  The seminar focused on voice, movement, staging, and techniques for communicating effectively and passionately with an audience.
 

Education:
Southern New England School of Law, Dartmouth, Massachusetts,  Juris Doctor, 1994 

Rhode Island College, Providence, Rhode Island, Master of Social Work, 1989

Southeastern Massachusetts University, Dartmouth, Massachusetts, Bachelor of Arts, Psychology, 1986


Professional Memberships:
 
National Association of Criminal Defense Lawyers 

Committee for Public Counsel Services Appellate Panel
Committee for Public Counsel Services Superior Court Panel
Committee for Public Counsel Services Youthful Offender Panel


Military Service:
United States Marine Corps, 1979-1984    

 Beirut Stamp Initiative
 
Beirut Memorial Online

 

 

 

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