For Defense Attorney, Advocacy Transcends Innocence, Guilt (Mass. Lawyers Weekly Nov. 10, 2008 Jennifer M. Ryan)       

Massachussetts Lawyers Weekly
The Fine Print
November 10, 2008    

By Jennifer M. Ryan

If entering law students were asked which book most inspired their decision to pursue a career in the legal profession, I would be willing to bet (enough to cover my law school loans) that the overwhelming choice would be Harper Lee's "To Kill a Mockingbird." Atticus Finch's gallant defense of an innocent man accused of a monstrous crime and his eloquent and rousing closing argument requesting justice and vindication of the innocent are spellbinding. Abbe Smith's "Case of a Lifetime" explores another side of criminal defense: how truly daunting the task of representing the innocent can be.

Smith got her Atticus Finch opportunity early in her career. As a second-year law student, she first represented Patsy Kelly Jarrett, a woman wrongly imprisoned for robbery and murder, when she worked on her habeas corpus petition.

As a young woman in her 20s, Jarrett took a summer road trip to New York with a friend, Billy Ronald. Unbeknownst to Jarrett, Ronald, an accomplished con man, had murdered a 17-year-old gas station attendant. Suspected of being his accomplice, Jarrett was tried with Ronald. Based on the testimony of one eyewitness (whose memory and confidence that Jarrett was the "one" grew with time), both were convicted.

Jarrett not only proclaimed her innocence, she also turned down two pleas - one while a 2nd U.S. Circuit Court of Appeals decision was pending where the plea agreement would result in a sentence of time served in exchange for a guilty plea. She went on to serve 19 more years after the 2nd Circuit affirmed her conviction reversing the District Court's ruling on her habeus petition. Despite advice from counsel, Jarrett refused to admit guilt for a crime she did not commit.

After the appeal, Smith reconnected with Jarrett and represented her through years of clemency petitions and her release on parole after serving more than 28 years. Smith's book chronicles her evolution from law student to seasoned criminal defense attorney and law professor, through her representation of and relationship with Jarrett.

Formerly a public defender, Smith is currently a professor and co-director of the Criminal Justice Clinic and E. Barrett Prettyman Fellowship at Georgetown University Law Center. She is an expert on criminal law and legal ethics, and she demonstrates her wisdom and insightfulness in "Case of a Lifetime."

Smith does more than eloquently tell the compelling and heart-rending story of Jarrett and their relationship; she uses Jarrett's case as a lens to explore four ideals of our legal system - innocence, truth, hope and freedom - and the ways in which criminal defense attorneys can ethically and professionally navigate the judicial system on behalf of clients.

In the section entitled "Innocence," Smith thoughtfully explores the motivations of criminal defenders. She also provides a thorough analysis of answers to the cocktail party question: "How can you defend people you know are guilty of such heinous crimes?"

In "Truth," Smith addresses the fallacy of the legal justice system - that trials are designed to find the truth. "Proof, not truth, is the currency in our courtroom," she writes, and she challenges the notion that criminal defenders are "indifferent to the truth." In reality, criminal defense attorneys often have the difficult task of telling their clients the truth about their cases: the facts, the potential sentences and the likelihood of success at trial. Softening the truth will serve only to hurt the client; defense attorneys are often in the unenviable position of persuading a client to take a plea agreement because it is in the client's best interest.

Inevitably, every lawyer struggles with managing client expectations. In the section on "Hope," Smith discusses how she crafted Jarrett's first clemency petition. As she and her students did their due diligence on Jarrett's case, their own confidence wavered and expectations were raised and dashed. As lawyers, we are taught to maintain boundaries and a professional distance. Smith's story demonstrates that it is acceptable for lawyers to be compassionate and to have their hopes align with their clients' hopes.

The final installment of "Case of a Lifetime" is "Freedom," which speaks of Jarrett's release on parole after 28 years in prison. Smith candidly describes her anticlimactic emotions at the time of her client's release - excitement, loss and depression; even if she had done nothing over the years, Jarrett would still have been eligible for parole.

In the end, "Case of a Lifetime" makes clear that criminal defense is not a question of whether it is nobler to represent the innocent than to defend the guilty. The real virtue lies in representing the client and being an advocate for that individual.

Jennifer M. Ryan is a criminal defense attorney and civil litigator at Dwyer & Collora in Boston.

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