As I recall, I was 25-26, probably somewhere in between and making my way in the tense environment of the Oakland County Prosecutor’s Office where I was a young assistant prosecutor. The office was not without controversy. Our supervisors directed us to plea bargain few cases meaning that most proceeded to straight pleas or were set for trial. For young lawyers looking for trial experience, we were sure to get it working in Oakland County.
Early on, young prosecutors are assigned a mentor and to a courthouse. In the beginning, everything is under the watchful eye of the mentor. My first trial was no excaption. From the start, I pushed hard. I learned the Michigan Rules of Evidence and studied the new cases that came out of the appellate courts interpreting them. I knew then that if I knew the rules, I would be ahead of the game and that’s where I wanted to be – at the head of the field and at the head of the game, so to speak. And so, when my first trial opportunity came along under the watchful eye of my mentor, I was ready. And what a trial it was
First, I was sick as a dog. There was no coronavirus then but I had all the symptoms – fever, sore throat, cough, sweats, chills and runny/stuff nose. I was a mess. Yet, nothing was keeping me from trying that case. N.O.T.H.I.N.G. I came to court with throat lozenges, Tylenol, tissues, sore throat spray, etc. It was like a pharmacy in the conference room. Why did I push on? I wanted to try this case and try it I did.
The defendant was a lawyer charged with Indecent Exposure. Suffice it to say, he had a lot on the line. He knew the law and had a good lawyer to boot. The facts – they were odd indeed. He was driving a car on a public road next to a loaded school bus full of children. The driver noticed the students peering out the window, pointing at the car and making comments. It was alleged that he had his privates out and was masturbating. The driver tried to slow down and according to her, the car slowed down. When she tried to speed up, she claimed the car sped up. It was called in, he was investigated and prosecuted. None of the parents wanted the kids called as witnesses which made it more difficult.
His defense? He claimed he had a rash and was applying an ointment/prescription medication/salve to a rash and it was all a misunderstanding.
The case of the Exposed Lawyer – my first and where my tenacity at cross examination and killer cross examination finds its roots.
Please be aware we are relying on impressions, recollections, memories and interpretations.
