This Is How You Can Defend Those People

Today I am doing something different with my blog. I am speaking with famed defense attorney Mickey Sherman. From his time as an Asst. Prosecutor and Public Defender with the Stamford Superior Court to being an A list defense attorney, Mickey Sherman has navigated through more of the criminal justice system than many of us would want to experience firsthand. Besides being the bestselling author of “How Can You Defend Those People” Mr. Sherman has defended both Andrew Alex Kelly and Kennedy cousin Michael Skakel.

He is a television legal analyst of note having shot the pilot for Court TV and has appeared on almost any show you can think of when an expert on criminal law was needed.

Beside all of the above he is a hell of a nice guy taking the time to share his insight with an unknown blogger.

1)Has there ever been a time when Mickey Sherman the defense attorney was overshadowed by Mickey Sherman the man and you said I can’t defend this person?

Absolutely----but not for the reasons most people think. I don’t beg off defending someone if I think they are guilty or if I think they are horrible people. I take a pass on cases when the mere allegations are too upsetting to me for some reason. Specifically child molestation cases and stranger rapes are not my thing. Oddly, murders and robberies, etc present no problem. I also won’t defend someone when I get a vibration that I can never make them happy no matter what. I explain this in my book, “How Can You Defend Those People” where I also interview a lot of notable criminal defense lawyers about what cases they will NOT take as well and why.

2)Would you want Casey Anthony as a client?

Sure. Why not?

3)Without going into the validity of “Ugly Coping” do you think 12 people in a jury box will buy it?

You never know what a jury will do. So often they disregard the prosecutor AND the defense arguments and solve the case themselves, armed with their vast CSI experience from watching TV and reading books.

4)Using on the evidence that’s been publicly released at this point, how would you defend Casey?

I would make a deal. I think she is nuts but no jury will buy an insanity defense from her.

5)Do you foresee Obstruction of Justice charges against Casey’s parents and brother? If so how would you defend them?

No way. These people are all victims of this crime as well. They made the mistake very early on in thinking that the media was their ally. When the cameras turned on them, they imploded. I feel badly for them.

6)Beside the fact that she is innocent until proven guilty in a court of law what do you think the general public has missed about this case?

They have missed the point that the dumping of every tidbit of the states’ case into the media is just not the way the system ought to work. I would like to know WHY we are allowed to see and hear the conversations she has had in jail with her family. Would this happen if you or I were being prosecuted? It is just so wrong, regardless of her guilt or innocence.

7) The media attention this case has gotten has obviously hurt Casey’s defense. Is there ever a time it is good for the defense? Can you site a case of yours where media attention either helped or hurt your case? Have you ever used the media to sway the outcome of a case?

I have had cases where the media will be totally helpful on Wednesday and absolute poison on Thursday. One has to understand that the media is not your friend. (Except when you marry one of them like I did…..Lis Wiehl of Fox News) But my close friends in the media, to whom I am not married, will and have turned on me in an instant if it makes a good story or if they feel it is appropriate.

8)What is the most misunderstood thing about defense attorneys?

That we are human beings who do CARE about our clients AND the victims.

9)Do you think the legal definition of insanity should be broadened and if so how?

It doesn’t make a difference. The American public no longer believes in the Insanity Defense in the wake of the “Twinkie Defense “ case in San Francisco or the John Hinckley case. The public does not trust the medical professionals to keep some insane guy or woman in a hospital long enough to protect everyone. It is just easier to ignore the law about insanity and find the person guilty and lock him up. Jeffrey Dahmer was found “sane”. Nuff said?

10)How would you defend Melissa Huckaby based on currently known evidence?

In spite of my answer above, her only defense could be insanity.

11)It’s pretty clear Melissa Huckaby has severe mental problems how much of an obstacle will current laws be in defending her.
Mr. Sherman refers back to question 9.

12)Does a client facing the death penalty make it easier or harder for you as defense attorney? Is there ever a time it works in your favor?

If there is no offer of a plea bargain, it is an easier case in one way in that there are no difficult decisions to make in terms of taking a deal or going to trial. If they do offer life in prison or something else, then it is an extraordinarily difficult job since you have the person’s life in YOUR hands,

13) Will Nancy Grace ever allow you to answer a question?

She is actually a very good friend and is a very, very good person. I have known her since before she was on TV. I covered her cases in the early months of Court TV in 1990 when she was a prosecutor in Atlanta. She may appear to be rude or tough but then again, she invited people like me to be heard on her very wide platform.

14)Is there really an upsurge of female killers or is media coverage of such crimes just getting better?

I don’t believe there is any change in the demographics of murderers out there. We have just learned that their cases are infinitely more fascinating and they get much better TV ratings.

15)What is your opinion of the air sampling technique used by The Body Farm?

I think it stinks.

16)Have you ever wanted to give it all up and become a prosecutor?

I was a prosecutor for four years after having been a public defender out of law school for a year. Most career defense lawyers have the same history. We learn how to try cases as a prosecutor and then go into private practice to use those talents to make a living. I loved being a prosecutor, No pressure, You get to play God from 9 to 5 each day. A great myth is that the defense lawyers and prosecutors are natural enemies. This is far from the truth. We all work in the same factory and are generally very friendly to one another. We speak the same language. My wife, Lis Wiehl of Fox News, is a third generation Federal Prosecutor.

17) Do you think juries are too dependent on forensic evidence and does it surprise you Scott Peterson was convicted considering the utter lack of it?

The “CSI Effect” has changed the criminal trial process. Every juror watches these shows and they expect to see DNA, blood spatter testimony, Gunshot Residue and bug evidence in the trial of a guy charged with stealing a Kenny G CD.
Scott Petersen was different deal. The jury apparently hated him and loved his slain wife and child. His demeanor was perceived as arrogant and phony and he was going down no matter what. I was at that trial. I met his family and Lacie’s as well. They were all very nice people. It was a terrible tragedy.