Wednesday, June 2, 2010

The choosing of the attorney

For those of you who are not aware, hiring a lawyer is the single most important thing you can do when you have been charged with a crime. You have to know the good ones from the bad. And that is not easy. I don't know how many attorneys Tonya Craft went through before she decided on her team. I know there were a few. We knew no defense attorneys. We then got a name from a relative who knew more about such things than we did, and after just one conversation with him, we hired him. We had no idea what we were doing. Unfortunately we were not very smart about this. That was our biggest mistake. In the first and all meetings with him, he simply said "This is no big deal" "They don't have anything." "This is a no brain er." That is exactly what he said to us.







You see, he never even checked to see what all they did have. He didn't know about Brad's youngest child because he never even looked at the taped interviews with the children. He did have one expert look at one of the tapes. The expert then asked him, "where are the rest of the tapes?" "There have to be more." But our attorney just told him he didn't know. This expert was not put on the stand in Brad's defense. Our attorney didn't have one expert witness. Not one. According to his testimony at the appeal hearing, he didn't even look in the file the state had. He just simply let Mr. Gregor give him all the info. And 'the man' only gave him what he wanted him to have. Although, our attorney could have asked for anything from Gregor's file, he did not. We found this out after we hired our appeal attorney. Way too late.

Our lawyer had never tried a case like this, ever. He was only licensed in Georgia for a couple of months when he took our case and said it would be no big deal. And it seemed that way to us, until Mr. Gregor started applying statutes that were not applicable by law. To make this part of the story a little shorter, I will just say, that after the trial our attorney opened another office in Dade Co. and is now practicing there as well. Kinda makes you say....hmmmm.......doesn't it? We have wondered whose side he was really on from the beginning. Then its time for the trial. What a joke this was. And let me just say, that I wanted to contact the media, but OUR LAWYER told us that would be the biggest mistake we could make. So here we go, to court.

10 comments:

  1. You mentioned that this attorney only had his Georgia license for a couple of weeks--where had he been practicing previously? Also, even though you've made reference to this a couple of times, I really don't understand why the skeptcism about this attorney then opening another office in Dade Co. If he had recently obtained a Georgia license, then I would anticipate that he would actually be opening an office in Georgia somewhere. I'm missing the significance of this, Angie, so maybe if you could explain your suspicions about this, I could better understand where you are coming from on this point. Thanks.

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  2. The opening of an office in Dade, after the trial, if I'm understanding this right, certainly would have made me suspcious. A recent license to practice in the state would have set off alarm bells, but I have experience with federal level charges having been in the service. Maybe we're a bit more suspicious or just trained to act as if the prosecutor is going in with us assumed guilty and we have to prove our innocence (military method) but an attorney saying 'no brainer' would have me walking out the door with my fee still in my hands. But it's a lesson learned, if harshly. Thankfully, it sounds like your appeals attorney knows what he/she's doing. Good for you. The bad part is that appeals take a very long time to happen, especially since you have to start in the courtroom and usually with the judge that oversaw his trial. Maybe, however, Ms. Graham will want to show some remorse for her previous less than stellar actions and actually become an unbiased judge when looking over the reasons for appeal instead of just signing off on a denied. If not, there's always the state appeals court. Seems to me, I've read about quite a few convictions being overturned by them lately. Hang onto your faith, Angie. A judge, or panel of judges, will see the right of this and set your brother free. But then his real battle begins as he tries to erase the stain from his name. Just remember to keep yelling loud and clear about all the inconsistencies and people won't think about the trial, they'll think about the fools who thought they could do this.

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  3. Unbelievable. One would think that an attorney could not be THAT incompetent, but think again. I have read horror stories and only can imagine just how bad things are for people who are falsely accused.

    Unfortunately, lawyers don't seem to police themselves very well.

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  4. Angie,

    This question gets a little more technical than the usual.

    You wrote;
    "...Our attorney didn't have one expert witness. Not one. According to his testimony at the appeal hearing, he didn't even look in the file the state had. He just simply let Mr. Gregor give him all the info."

    In most criminal cases, even the most green of attorneys will file a request asking for ALL exculpatory and inculpatory evidence. If he had filed that with the court, and then Gregor introduced evidence he had not turned over, there's a problem (of course objections should be made!).

    Have you ever seen a motion asking for discovery?

    So far, from what you've wrote, it sounds like the basis for appeal is more insufficient counsel.

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  5. Kaye, The attorney Had a expert just did not use him didn't think he needed him. this is so confusing, you would have to read it all. we have heard our attorney had not had his license in Ga. that long some said 2mo. 3mo.and some said 2yrs. we are trying to find out for sure, We do know he did not know the georgia law. His practice was and is in Chattanooga Tenn.
    After the trial we heard he open a Office in Dade co. I can a sure you I ask him several time if he had every thing he needed and ready for the trial, he said yes not to worry. Wrong I just did not have a clue how much i needed to worry. After he was found Guilty, he also told me he would do what ever it took to get my Son out and at the motion he lost his memory.They knew he was innocent going into it but they do not care, all they want is a conviction and they will do what ever to get it. They will keep doing Interviews till they get what they want them to say., and then off to court, Greggor does his thing, How these people sleep at night is beyond me. But the truth is all coming out. Most attorneys ask for every thing, but he relied on Greggor to give him everthing, guess what he didn't. The only good thing he did for my son is he got us in touch with our appeals Attorney, and she is one of the best. The Kings know her. Keep us in your prayers and any suggestion and help you can give us is appreciated. I am not sure if we are helping or confusing everyone. maybe we need to let Mr Anderson, handle it. let us know what you think.. Thanks so much for the interest in my son's case. Brad Wade's Mom..

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  6. Just keep telling YOUR story.

    Even if all had the records to review, we DO NOT have your side of the story.

    :)

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  8. Angie and Mom, I don't know about other people. I can only speak for myself. I am certain that I would have made the same mistakes in decideing upon a lawyer. I have no experience in such cases and I, too, would have thought that the charges were unbelievable. You all did your best! Try to continue to look forward and not back. My best to your family. It may take awhile, but I do believe that justice will prevail.

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  9. Angie,

    What is the name of your original attorney in this? It is public record, but I'm trying to save myself some research time.

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