Tuesday, August 20, 2013

WATERGATE (CONTINUED)

I spoke with the young man and his new wife briefly before I asked the wife to leave the conference room.  I explained that despite the fact that there was a husband-wife testimonial privilege, it was a better practice to be safe and not discuss any attorney-client privileged matters in front of anyone else, including a wife, and a brand new one at that.  She understood and left us alone.  I had a copy of the federal indictment, and subsequent ex parte conviction from years ago and I read it to him.  He was stunned by it all.  I have picked many juries in my decades of trial practice and have spoken to dozens of people charged with everything from simple DUI to multiple murder and have not been fooled by too many of them.  This kid was telling the truth and scared to death.  He and his new wife thought that they would be at Disney World standing in line to ride the log flume.  Instead, he was standing in line to be taken to the  federal lock up toilet.  They had no real money, only credit cards and I didn't take credit cards.  I had to be retained to represent him to get him out of jail and then figure out the rest from a better location.  I called the wife back in and asked her for a dollar for a retainer fee. She had about $100 in cash on her so the single dollar wouldn't take too big a bit out of what funds they had.  I left the conference room to speak to the Magistrate's office and to the AUSA (Assistant U.S. Attorney) on saturday duty. I lucked out and knew the AUSA from a few trials I had with her the past year or so.  She told me that the arrest warrant also froze any and all assets so the credit cards weren't going to work to pay for their DisneyWorld stay or anything else, including a retainer for me.  I explained the situation with the newly married offender and his new wife and the fact that he didn't have a clue that there was ever an indictment or conviction years ago, and, off the record, revealed my retainer agreement for a dollar.  She understood that I was trying to help the couple and agreed to recommend an ROR (release on own recognizance) with the stipulation that both husband and wife be released in my custody until after the weekend when the case could be transferred to Tampa and we could figure out what to do at that time.  Still no mention of Watergate but hang on...next up, "LUCY, I'M HOME"...you guessed it..i brought the husband and wife home with me to spend the weekend until our court date on Monday.
(to be continued)

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