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Public Defender Jailed After Client Sucker Punches Partner

Our Hall of Shame Award today goes to Philadelphia's Common Pleas Judge Jane Cutler Greenspan.

TChris wrote yesterday about Philadelphia public defender Fred Goodman who got decked by his client in front of the jury during a murder and rape trial which might bring the death penalty. It was inevitable that the Judge would allow Mr. Goodman to resign after the punch. It also should have been inevitable that a mistrial be declared--Mr. Goodman shouldn't have to continue the trial, and, after all, the jury saw what happened too.

But no, the Judge in the case tried to force Mr. Goodman's associate counsel, Andrea Konow, to continue by herself. She refused. Now she's in jail. The Judge says she's staying there until she changes her mind and resumes representing the client.

What is this Judge thinking? Here's what the Defender's Association had to say:

"She was held in contempt because she couldn't go forward and represent a client who had just punched her partner in the face. She couldn't go forward because in good conscience, she can't represent a client who has exhibited that degree of violence. She didn't feel safe next to the client. She didn't feel she could represent the client zealously as an advocate and for that reason she couldn't go forward and represent him."

We hope the Court of Appeals reverses this judge immediately. Even if the client used every trick in the book, including the sucker punch, to get a mistrial, he's facing death and is entitled to a fair trial and adequate representation. No one knows better than Ms. Kunow whether she can provide effective representation. If she says she can't, she can't.

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