Monday, January 9, 2012

Lawsuit Dropped

This isn't surprising as attorney Joseph George already expressed his intent to drop and later refile a civil case on his clients behalf, but the case has now been officially dropped.

There was some stir on the Sacramento Bee article about his quote saying he was dropping it so as to not allow attorneys for Adams conduct any discovery that they wouldn't be normally allowed to do.  I agree, if you don't know what he is talking about specifically, it is confusing.  I explained this more thoroughly in an earlier post, but I will recap.  A defense attorney is allowed to conduct very limited discovery in a criminal case.  So by having his civil case at the same time as Mr. Adams criminal case, he would have been allowing Mr. Adams' attorney to conduct discovery that she would usually not be able to do.  This sounds odd initially but you also have to consider the burden of proof differences in criminal and civil cases.  Civil cases do not require "belief beyond a reasonable doubt" as a criminal case does.  Case in point; O.J. Simpson.  There was enough reasonable doubt to acquit him of charges in criminal court but a civil case against him found enough evidence to award civil damages.  I will also add in and remind people, that a verdict of "not guilty" doesn't mean "innocent".  A not guilty verdict also does not exclude anyone from filing a civil case.  Again, I am not a lawyer, so please forgive my lack of eloquence when describing these legal terms.

So from what I gather, he is planning on refiling on behalf of his client, Jane Doe 45, as well as an additional client he has eluded to after the criminal case has finished.  Mr. Adams is due back in court February 24th 2012.  As his attorney has finally conceded that she has received the discovery from the prosecution, perhaps they will not ask for yet another continuance.

6 comments:

  1. It looks like there may be many more delays before we see a plea. Ms. Parisi is representing another upstanding citizen, Richard Hirschfield, and his trial starts back up on 1/9/12. She really does represent some interesting people.

    http://www.sacbee.com/2011/12/29/4150412/ruling-in-davis-sweethearts-murder.html#storylink=misearch

    I believe she will be spending all of her time on this which has been going on since he was arraigned on 9/28/04.

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  2. Wow...I guess it is the new tactic in criminal trials. Delay, delay, delay. You would think these people would want to quickly clear their name if they were innocent. I suppose the criminal defense attorney gets paid no matter what. And we wonder why these trials cost taxpayers so much money...disgraceful.

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  3. And don't forget Microwave Mom...Parisi is defending her too. Cream of the crop clients, for sure!

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  4. Who is the Microwave Mom?

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  5. http://www.sacbee.com/2011/06/22/3718306/sacramento-mother-arrested-in.html#storylink=misearch

    Ka Yang, is the mother who is facing charges of killing her 6 week old baby by microwaving her.

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  6. 10 more days until the appearance. Let's hope this time there is some progress!

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