ATTORNEY PUNCHED BY DEFENDANT ALLOWED TO WITHDRAW, SECOND LAWYER HELD IN CONTEMPT

AP Breaking News ^ | 23 March 2004 | Michael Rubinkam

[MeneMeneTekelUpharsin]

PHILADELPHIA (AP) - An attorney punched in the face by his client was permitted to withdraw from the case Tuesday, while a second lawyer who refused to take it over was held in contempt and temporarily locked up. Public defender Andrea Konow, who witnessed the sucker punch of her colleague in court Monday, said she could not in good conscience represent Malik El-Shabazz, 20, on trial for raping and murdering a 6-year-old girl.

Common Pleas Judge Jane Cutler Greenspan held Konow in contempt and she was led out of the courtroom by sheriff's deputies. The Defender Association of Philadelphia appealed the ruling and Konow was released later Tuesday. Meanwhile, a state Superior Court judge ruled that either Konow or public defender Fred Goodman, who was punched by El-Shabazz, must appear in court Wednesday for the resumption of the trial. The Defender Association appealed the order, arguing that neither Konow nor Goodman can zealously represent El-Shabazz given Monday's attack.

Prosecutors argued that the trial should continue as planned. Goodman and Konow both declined comment Tuesday afternoon. El-Shabazz's trial was temporarily halted Monday after he punched Goodman, who was not seriously hurt. Court officers tackled El-Shabazz and removed him from the courtroom. During the trial, jurors have been shown a police videotape in which El-Shabazz detailed how he smothered the girl, then carried her body more than a mile to a vacant lot. If convicted of first-degree murder, El-Shabazz would face the death penalty or life in prison.

[MeneMeneTekelUpharsin]

This nation is going straight to hell. Shabazz, if found guilty, should be executed by public hanging immediately after sentence is passed specifically because of the primary crime and for hitting his own defense attorney. When will we have leadership which knows what to do? When?

[Cicero]

I agree. A quick sentence and a quick punishment is what justice requires. Instead, they will at best put this fellow in a high security prison for life, and it will cost society millions of dollars to take care of him.

All this will be paid from our tax dollars, which also pay the salary of the public defenders who are punched and the judge who seems to have no concept of justice.

Our own children may never earn in a lifetime of hard work as much money as will be spent to warehouse this child rapist in comfort for the rest of his life.

[coloradan]

while a second lawyer who refused to take it over was held in contempt and temporarily locked up.

What was that bit about involuntary servitude?

[Bluegrass Federalist]

I am a lawyer, and while I don't do criminal or trial law, I can interpret some of this. These two did everything they can without betraying the Constitution or losing their licenses to practice law. Well played by both.

[Morgan's Raider]

A lawyer badgers the hell out of a witness for half an hour. Finally the poor guy can't take it anymore and decks the lawyer with a hard right.

"Your actions put you in contempt of court" exclaims a very surprised Judge. "That will be 5 days in jail or a fifty dollar fine."

The witness immediately reaches into his wallet, pulls out a hundred dollar bill, and lays it on the bench.

"You can't do that in here" says the Judge. "Besides, we have no change in the courtroom".

"That's OK" replied the harried witness, who alights from the witness stand and walks over to the slowly recovering lawyer...

[Balding_Eagle]

LOL!

[Howie66]

Hey!! Let me "defend" this POS.

Not only will I punch HIS lights out first, but I will guarantee that he is found GUILTY and make the jurors feel good about their verdict.

[Williams]

Uh, no it would not make sense to hang someone immediately after their trial, which basically is what is done in Communist China. Nor is there any reason to hang someone for punching their own attorney. Finally, in the absence of a dictator, we don't have a "leader" available who "knows what to do."

This defendant will most likely be sentenced to death. But it is precisely in the cases where everyone is sure the defendant is guilty, that we need the due process of the legal system. If any of us should ever be so unfortunate as to have an unfair criminal accusation made against us, we will then understand why those protections are so important.

If the crowd gets to decide what is a "fair" trial in each case, no one will be getting fair trials.

[paul51]

represent Malik El-Shabazz, 20, on trial for raping and murdering a 6-year-old girl

I'll represent him but first I have to have a private consultation.

Exiting the room 5 minutes later, "he attacked me and I had to kill him in self defense. Sorry your honor".

[Fiddlstix]

[ASTM366]

paul51:

Your hired.

[ASTM366]

Can I safely assume that "Malik El-Shabazz" is a black, racist, muslim piece of sh*t?

[bethelgrad]

"Your honor, I cannot in good conscience represent this this dispicable man who is guilty as sin."

[rogue yam]

Can I safely assume that "Malik El-Shabazz" is a black, racist, muslim piece of sh*t?

That appears to be true, but there is so much more. There was a FR thread on this case last night. The backstory read like a vision of hell. Prostitution, violent criminality, rape, illegitimacy, many fatherless children, etc.

[Frank_2001]

Well I'm hardly surprised....Remember, Islam means peace!/sarcasm off

[rogue yam]

Well, I'm no fan of Islam (to say the least) but this particular case appears to be simply one of complete social disfunctionality of a distinctly urban African-American sort. In fact, I shouldn't even have agreed that there was any "Black Muslim" character to it at all as this is something that I do not know (that is whether any of these people worship Allah and/or subscribe to Farakan-esque racial theories). What is clear is they have no regard for sobriety, industry, thrift, chastity, decency, etc.

[ArmstedFragg]

That other lawyer in the front of the room is playing it pretty well too. This is a case where, on opening, defense counsel indicated that the only issue was LWOP versus the death penalty. The court has an obligation to make sure this whole thing isn't just a ploy to get the DA to roll over for the lower penalty.

So... everybody's pretty much playing their roll as written.

[ApplegateRanch]

"Your Honor, if you are so concerned, put your little hammer down, take off your black burqah, and head for the defense table yourself; I resign. YOU can risk being mauled. You want to see contempt? Look at the defendents eyes!"

[longtermmemmory]

This judge must be a tyrant in the courtroom. You can't make a lawyer represent someone they do not want to. The REASONABLE solution is to just have the PD's office send a lawyer temporarily into the courtroom for this case.

The judge is just desperate in trying to avoid a mistrial. (old trick by punching your own lawyer) He is just wrong. He should have found the defendant in contempt, sentenced him to six months contempt, and then ordered an mental examination to be conducted in padded cell solitary.

[MeneMeneTekelUpharsin]

Uh, when you get down on your knees to pray to God, you thank him that the guy who uses the pseudonym "Mene Mene Tekel Upharsin" is not running things. You remember that. Thank Him.