Is it conflict of interest if public defender is friends with prosecutions witness

In small towns often many parties in the trial may be friends and know each other. Do you feel that the Public Defender is not or will not do their job. In many cases the DA and the public Defender may be friends, they may golf together go to the same country club and more.

Potentially yes. The defendant should ask the PD office to replace the attorney.

As Chuck noted in some areas it may be impossible to have people not know others personally. But there is a possibility that the PD cannot properly cross examine his friend.

Well yes it is a small town in Mississippi, and everyone is friends with everyone. Change of venue was denied. Also the public defender was running for DA position in the nov elections, trial was the end of nov. lasted one week, PD didn't call any witnesses, object to anything and completely did nothing for the defendant. He tried to fire him, judge said no. not even one statement was taken from the defendant the entire year he was locked up. There are many more things that were done to deny due process, but they are all in cahoots with each other. Defendant got 2 life sentences. What can be done at this point

If you notice , if you are ever inside a court room before a trial, most lawyers are buddies or at least well acquainted with one another. The defendant does have the right to ask for another atty.

First as a note, real court looks and acts nothing like TV. Unless there was any witness to call, and the PD and the client would have worked that out weeks earlier and the suspect ( person on trail) would have given the PD a list of witness to call.

As for objecting, unless a person who is testifying says something that can not be said, there is nothing to object to.

There would have been a few people to testify on his behalf but his PD did not come to see him until 2 days before the trial. In fact his PD told me over the phone (the 2nd of the 2 times I was able to get ahold of him in a years time) that the defendant missed 2 court appearances because he was acting up. The defendant requested the paperwork from the jail and his PD regarding the "acting up" because he had been in the hole, by choice, for almost the whole year TO AVOID any problems with other inmates, and the jail sent him back their response stating that any "acting up" does not keep anyone from going to court, rather disciplinary actions are taken at the jail. They said they don't know where he got his info from but that that doesn't happen, closing with END OF DISCUSSION. So his PD lied to me on the phone. At least 6 written requests were never responded to from the defendant to his PD. As an added note, the 1st time I talked to the PD about 2 months after his arrest, he talked to me for about an hour telling me that one of the charges was going to be no problem because it was self defense. He felt a little unsure of the 2nd charge but he was bringing in a team of {Racist adjective removed} lawyers as advisors that were the best in their field so not to worry. He told me he was one of the best murder lawyers in MS and had a very successful private practice for years. He became a PD because his life was SO blessed he wanted to give back to those who couldn't afford a lawyer. Nothing could have been farther from the truth. Lied to me both times he talked to me.

And I am not some naïve nit wit that thinks real trials are like they portray them on TV. And there were countless things to object to during the trial. The prosecutor was {name removed} and the Judge {Name removed} who if you look them up are known to be some of the most corrupt in the US. So it is very possible that the PD is as well since they are all buddies. My question is, "Is there anything that can be done or anyone that might be able to help at this point that won't charge $100,000??

First, it would appear that he has enough evidence to appeal the verdict on the grounds that he did not receive proper representation. But he will need a good lawyer to appeal.

But that may not be enough. The thing you haven't discussed is what evidence was there that he committed the crime. The fact is a jury convicted him. It is possible the evidence presented was overwhelming and Perry Mason couldn't have gotten him off. We don't know. You said there would have been "a few people to testify on his behalf". But testify to what? An alibi? Contradiction of evidence brought by the prosecution? Character witness only help with sentencing.

P.S. We don't allow character assassination here. That's why I removed the names you mentioned. I also have a problem with your seemingly racist attitude. This is a law forum and we deal with facts and the law.

Is there anything that can be done or anyone that might be able to help at this point that won't charge $100,000 ????Hello p:

Call the Innocence Project (http://www.innocenceproject.org/).

excon

You said witness to talk on his behalf, if they were just going to say what a great guy he was, that is not evidence, if they were going to say he was not there but somewhere else at the time of the crime, or that they saw someone else do it. That was evidence.

If the other two people were just character witness that really has no place at the trial but at the sentencing hearing.

The defendant went into a bar, there was already a man in there who had a gun and was seen waving it around earlier(by witnesses that were not called to testify)an argument ensued and the man pulled his gun on the defendant. There was a struggle between the two men and then a third jumped in to help his buddy w/ the gun. The defendant got the gun and shot them both to death. The only other person in the bar was the owner who signed 3 different statements. The first one, the night of the shooting stated he was in the other room and didn't see what happened, the 2nd one 3 months later said he was shot at by the gunman, the 3rd one 8 months later said the gunman put the gun to his head and he pleaded for his life. Isn't THAT something to object to?

First, in reference to my remark about racist attitude, I did not understand that you were quoting the PD. No matter who said it, the remark it is an offensive stereotype and was removed under the rules of this site.

Second, witnesses that could testify that the victim was waving around a gun earlier would seemingly be irrelevant. Unless the prosecution maintained that it was the defendant's gun it has little if any bearing. If the defendant was claiming self defense, then why did he shot TWO people? If I was on that jury, that is the question I would ask.

Third, as far as the conflicting testimony of the bar owner, yes he should have been cross examined about it. And the lack of cross could be grounds for appeal. But, again, I don't know what other evidence was presented.and telling us won't help. You need someone to go over the transcript of the trial and all the evidence to determine whether an appeal will help. excon gave you a good reference. The Innocence Project is a good resource to try and get help from.

Finally, we (including me) have done nothing but try to help you. Yet you only want to lash out. If you want to help your friend, relative or whatever, then contact someone who can help. All we can do is offer general advice on how to get help.