Krista Marx talks about,
inter alia, (the fancy Latin word of the day) people who are guilty going free in the
Post article:
That said, there are definitely times when Marx disagrees with a jury verdict. Taking care to keep the specifics vague, she points to a recent case involving an extremely attractive girl charged with a serious crime.
"She was from central casting for the part of a sweet young girl. The jury walked her. Was she guilty? Incredibly guilty. It just reminds you that the human element is crucial in the law; so much of it has to do with credibility, and the jury found her credible.
Beautiful people have it easier in this world.
It not only has to do with credibility, it has to do with first impressions. One of the potential jurors in a case I tried - who did not sit on the case - spoke with me yesterday when I ran into him by chance. He said "Your client looked like a nice guy. Nobody really got hurt. I hope it went well for him."
This guy had already made up his mind that if he was going to sit on the jury, he was going to find the client not guilty - without hearing a scintilla of evidence.
I'd like to think that jurors wait, listen to all the evidence and the law and then make a reasoned decision in accordance with the facts and the law. Not so. Some of the research I've read about juries says that most people make up their minds after opening statement. I think some people make up their minds even before opening statement.
Chief Justice John Roberts opined about just calling balls and strikes in his confirmation hearing. Judge John Kastrenakes has been known to use that phrase. Judge Krista Marx opines in the Palm Beach Post
article:
"Where you have a strong body of case law, it's not unlike calling balls and strikes," says Marx. "But other than cases like that, the law is gray; the judge next door could have a completely different idea of what an appropriate sentence is. It's an intensely personal line of work."
The article goes on to tell more personal things about Krista Marx - dealing with violent cases, and how she loses sleep over cases.
"We deal with the underbelly, the dark side, and we deal with it all day long. A lot of people have jobs where they get to try to make people happy. We don't. It's sorrow, mostly, and there are so few happy aspects — there are adoptions, and tonight I'm performing a marriage. But mostly it's like working in an emergency room, and that can be exhausting.
"I agonize over cases; I lose sleep over cases...
BTW, who is
Danny Brams? (He's a commercial litigator - never even a prosecutor or public defender according to his website) How about
Mark Luttier? (He's a family and PI lawyer). The lawyers quoted in the article (other than esteemed Public Defender Carey Haughwout) don't even practice criminal defense, do they? Somebody help me out here. Danny and Mark are probably great guys - I don't know. However, the Post really should get comments from lawyers who actually practice in front of Krista Marx.
Say what you will about Krista Marx. She makes tough decisions and she is efficient.
Grey Tesh is a board certified criminal trial lawyer in West Palm Beach, Florida and is President of the Palm Beach association of criminal defense lawyers. www.aaacriminaldefense.com