'I know why it's called 'practicing' law'
Monday, July 14, 20081 comment(s) | Default | Large
I would like to start off by thanking S.C. Gov. Mark Sanford for taking enough interest in an ongoing judicial matter to contact the primary parties involved.
To be honest, I did not have much hope that he or his staff would respond, especially considering the “good ol’ boy” judicial system stacked against us. On the contrary, he and his staff did look into the matter. In the end, however, we were told that the governor’s hands are tied because of legislation passed years ago and there is nothing he can do. If that is truly the case, especially under the circumstances, then every South Carolinian should be alarmed.
The case I requested him to investigate is one in which a good man was unjustly arrested, jailed and denied his constitutional right to an attorney. This, however, was just the beginning of the injustice our “justice” system perpetrated against this decorated military veteran. Over the past three years in this case, this individual was denied his right of confrontation under the Sixth Amendment, denied a public defender, arrested for contempt of court but never entered the courtroom, suffered the judicial system taking hearsay for evidence, false statements made by the accused, double jeopardy, statements included in a transcript not made in court, and the list goes on and on.
There have been incredible, unbelievable actions in the case. While some may have occurred without intent, there have been more than enough cases of proven malice. Time and again, we have been told by prominent S.C. attorneys and judges that we have an exceptional case for an appeal that could relatively easily be won. We then have been told time and again, by these same prominent S.C. lawyers, that they REFUSE to take the case because they are either friends with persons involved in the case or that they refuse to take the case because they work with those involved on a daily basis and taking the case would negatively impact their personal practice. We have also been told that if this case were to be heard and overturned, that it has the potential to open the door for many other cases to be reopened and re-examined.
The most recent lawyer contacted stated that if the time limit for filing an appeal hasn’t already run out, then it soon will. We have sought to find a lawyer who would take the case almost every single day; however, we have not found one who will step up to defend an innocent man. In the end, despite providing some much-appreciated advice, we were told that even Gov. Mark Sanford’s hands are tied. HOW can so many lawyers unanimously declare that an injustice has been done yet not one single lawyer … not one single leader … can be found who will take the case to correct this injustice?
Our state’s judicial system is broken. It appears the “inmates” are in charge of the “prison,” and the “good ol’ boys” have made covering for each other, while turning a blind eye to injustices in the system, the new standard for our South Carolina judicial system. Take, for instance, the recent South Carolina Bar scandal. Despite calls for an independent investigation into potentially illegal correspondence regarding failed exams and law licenses being handed out after throwing out these exams without retests being given -- there has been no independent investigation. The demands have fallen on deaf ears and the whole incident has been swept under the proverbial rug.
Meanwhile, it isn’t hard to see the results of the S.C. Bar/judicial system’s products now “practicing” law. Justice is no longer the goal for those involved but rather clearing their docket, making plea deals with no concern for innocence or guilt, and continuing to practice law without making waves. The “RULE” of law appears to be made up as they go along, when it suits them. At least now I know WHY it’s called “practicing” law!
It is my belief that our justice system in South Carolina should be investigated by the federal government because it is out of control. As for this veteran sitting in jail waiting for someone to have the courage to do the right thing, he clings to faith. In a recent letter, he wrote, “There are moments when I feel trapped by reality, unable to escape what is going on. I have nowhere to go, no one else I can talk to. In these moments it makes it easy to fall even deeper into despair, to feel so alone … an outcast. But God is there. I know ‘if I lift up my eyes to the hills – where does my help come from, my help comes from the Lord who made the Heaven and earth.’’’
May God help him, because I have lost faith in the men and women of our judicial system who have sworn to do so. If the governor of South Carolina cannot do something about the corrupt legal system, if he cannot do something about innocent people being kept in jail because he has no representation to defend him in a SYSTEM that is against him, then what hope should any South Carolinian have for this state’s future?
—Don Reed, Orangeburg
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pedingsgang wrote on Jul 15, 2008 3:52 AM: