PUBLISHER'S NOTE: As a criminal lawyer I have seen the sad scenario played out dozens of times. The client, who has protested his innocence from the outset, is convicted of murder, or some other equally horrific crime. After spending years in prison, attempting to persuade anyone who will listenthat he or she is innocent, leave to appeal is granted, the appeal is successful, and the prosecution insists on a retrial. Since so much time has gone by, the prosecutor, says the state will take a plea to a lesser offence, punishable by time served, The client will walk out of the courtroom a free man. Quite understandably, the client says, but I am innocent, why should I have to accept any deal, and admit to doing things I never did? After wondering why he did not go into his father's plumbing business, the lawyer explains that every jury trial is a crap shoot, the client could easily be convicted, and end up back in prison for the rest of his life. The client takes the deal. (Who wouldn't?) In court, the victim's family says it is gratified to see their ordeal finally end, and the prosecutor says, 'See, I told you all along. He was guilty as sin', or words to that effect. The lawyer covers his posterior by taking written instructions from the client in which the client says he understands the plea, and is acknowledging the facts it is based on as true. The lawyer then goes home, has a strong Scotch, and tries to wash away the disgust he feels at seeing the state extort a wrongful plea from his client - and trying to drown the distasteful role he, or she, has played in the process. That said, dear reader, read WHAM's story on Rene Bailey's guilty plea to assault. And join me in another Scotch.
Harold Levy: Publisher; The Charles Smith Blog;
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STORY: "Rene Bailey pleads guilty in case of shaken baby death, charged with assault," by WHAM, published on June 26, 2017.
GIST: "All while in prison she maintained her innocence, but with the
help of new attorneys it was enough for a judge to order a new trial for
Rene Bailey. Now, just weeks before that trial was set to begin, the
daycare provider accused of the
2001 death of two and a half year old Brittney Sheets says she's guilty. "We're just happy this long chapter can be closed," said an emotional David Sheets, who is Brittney's father. It's
a stunning reversal because attorneys for Bailey made a vigorous
argument for the charges to be dropped up until two weeks ago. "We just
really wanted justice for Brittney and just the truth to come out,"
said Sheets as he was surrounded by family outside the courtroom. Brittney
died June 6, 2001. Medical experts testified at the first trial that
the 23 pound toddler suffered injuries equal to being shaken violently
ten to 20 times. They said the injuries could only have been caused by
Bailey. She was convicted and sentenced to prison where she served
nearly 13 years, but never wavered from her story that the child's
injuries were caused after she jumped off a chair. New attorneys
stepped into the case and presented witnesses who questioned the science
behind what used to be known as "shaken baby syndrome." They were
successful enough to get a new trial. Bailey was released in 2014. On Monday morning, she walked into court and pleaded guilty to first degree assault. "Rene's
attorneys have been coming to court vigorously arguing shaken baby
syndrome is a discredited science," said Assistant District Attorney
Leslie Schildt. "This plea really proves that wrong. You don't come in
and plead guilty if you think the evidence the prosecutor has is going
to get laughed out of court." As part of her guilty plea, Bailey
did not say what happened that day. She declined comment after court.
"We knew that she had something to do with this and hearing that come
out of her mouth was definitely justice," said Sheet. Bailey
suffers from congestive heart failure, a terminal illness. The time
she's already served in prison ensures this guilty plea will not bring
additional time when she is sentenced in August. Her plea avoids
another trial and the risk that prosecutors could lose this case."
