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The Most Difficult Case

When I speak to law students or young lawyers, I am often asked, “Which cases are the hardest?”  The answer is an easy one.  THE most difficult cases to defend are those where you KNOW your client is innocent.  The cases will keep you up nights.  The cases will tie you stomach in knots.  Sometimes, no amount of lawyering will overcome a witness who is determined to lie, conceal the facts and undermine the fairness of a judicial proceeding.

Sometimes witnesses start out with a small lie and allow the lie to fester and grow because they are afraid to stop what they’ve put in motion.  Talkleft.com recently blogged about a recent case from New York where a man was released from prison after serving four years of a twenty year sentence.  The AP story appears here. Luckily for the defendant, DNA evidence was available and reviewed.  The lying complainant stated that she initially told her lie because she wanted people to feel sorry for her and thought the man would be acquitted because of a lack of evidence.

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