Innocent man jailed for 26 years because of attorney-client privilege

Fuck, hopefully he'll sue the shit out of these fuckers. And change the legislation.

Soulless bastards.

That's got to be a tough choice.

Tell the truth, get the guy out of jail and then become immediately unemployeed never again allowed to practice the profession you dedicated your life to.

The legislation would be hard to change, because if it is changed, clients will no longer feel obligated be honest with their attorneys. Then again, if you a killer, who cares? Maybe they could set up excemptions to the priviledge, because it needs to exist but not in a case like this.

Question the lawyers all you want, but if attorney-client privileges didn't exist would we ever have known this man was innocent? He got out of jail because of this, not he was jailed because of this.

It is drilled into your head throughout law school, and it is the backbone of your oath as an attorney: you hold client confidences inviolate. Period.

I have never been put in a situation as horrific as what these two attorneys were faced with, but I can't say they made the wrong choice. To reveal a client communication ... especially one this dire, strikes at the core of our legal system and is about the gravest sin an attorney can commit. If people can't trust their attorneys, they won't reveal anything. Heck, it was because the guilty party trusted his attorneys to keep his secret until his death that this man even had a chance to be freed later.

I don't know what I would have done. Even if I came forward, it wouldn't be to place blame on my client. I simply would have taken the stand and shouted to anyone who would listen that I knew who the real killer was. And probably been jailed for criminal/civil contempt for many years. I can tell you that scenarios like this play out in ethics courses every semester. Even in states that allow you to break client confidences to prevent a crime, they don't allow you to reveal informatino regarding crimes that have already been committed.

These attorneys did all they could under under the law. You have to feel sorry for the innocent man, but the lawyers are not the ones who should take the blame.

Sounds like the jailed guy's attorney failed at his job, and the District Attorneys and police officers failed at theirs, as well.

Anyone have a text link to this story? I hate how CNN makes all the stories worth reading video links instead of regular articles.

No judge would have allowed testimony that broke the privilege.

Not sure which trial you're talking about. Testimony in violation of attorney/client confidentiality would not have been allowed in a trial of the underlying Defendant, but it would have been permissible in a trial involving an innocent third party who has been wrongfully accused.

In terms of the guilty client, the testimony and affidavit would be excluded. However, the bigger problem is "transactional" versus "use" exclusion. The judge may not allow the use of the testimony that breaks attorney/client privilege, but the cops would use the information gleaned to build a case from other sources. The guilty party wouldn't have "transactional" immunity (i.e., he could still be prosecuted for that crime) and the cops would basically end-run the exclusion of the confidential information.

Overlord, you use your tounge prettier than a $20 whore.

Attorney/Client privilage is important but I hate this bullshit argument that an attorney must serve his client even if he knows he is guilty. I think, first and foremost, the Rule of Law should be about serving Truth and Justice and although you must serve your client that doesn't mean LYING for that person or witholding information that could impact the life of another. You can just tell that Criminals were the ones that got that little piece of legislation in there when the Laws were being written.

Can the Lawyers be sued or does he just have to buy a gun and blow their fucking brains out? I mean, the fucking guy CONFESSED that he did it. That should be a clear for any lawyer to come forward without legal jeopardy. If you commit a crime YOU DO NOT HAVE THE RIGHT TO LIE ABOUT IT, not to the police, a court and that should include your attorney.

Better posters than I have already outlined why you're wrong earlier in this thread.
Yes, you do.

I have to say, it amazes me the amount of people in this thread who really don't understand how the system works and why it is that way. If you think attorney-client privilege is a fucked up system then go live in a nice fascist state and see if you don't miss those protections.