Idaho Sen. Craig's lawyers

[JackJD]

I'm glad we avoid politics on this message board.

We've all read the news about the Idaho Sen. Craig's pending (or is it?) resignation effective the end of September, as a result of his guilty plea to a misdemeanor crime in Minneapolis arising from an incident at the airport. THE SPORTS ANGLE IS THIS: Did anyone notice the names of his lawyers? He has two lawyers now looking at challenging the guilty plea and if they can withdraw the plea, he'll seek a trial. One lawyer is named Billy Martin and the second is Tom Kelly.

From an AP story:
...

Billy Martin, one of Craig's lawyers, said the senator's arrest in an undercover police operation in the Minneapolis airport "raises very serious constitutional questions."
Martin, who represents Atlanta Falcons quarterback Michael Vick in his dogfighting case, said Craig "has the right to pursue any and all legal remedies available as he begins the process of trying to clear his good name."
Craig contended throughout last week he had done nothing wrong and said his only mistake was pleading guilty on Aug. 1 to a misdemeanor charge. Craig has hired a high-powered crisis management team that includes Martin; communications adviser Judy Smith; Washington attorney Stan Brand, a former general counsel to the U.S. House; and Minneapolis attorney Tom Kelly.
...

Link to the full story: http://news.yahoo.com/s/ap/20070905/...o/craig_senate

I have no idea what kind of lawyers they are but if we're talkin' baseball managers, that's quite a pair!

[Nidaros]

Re: Idaho Sen. Craig's lawyers

Maybe esquires Martin and Kelly will be wishing they were in baseball after they exhaust every effort to undo a guilty plea in Minnesota. One of the team members on MNBC's Hardball last night said there were only two conditions under Minnesota law that might allow undoing a guilty plea. 1. One you have to be incompentent or have no knowledge of the English language, 2. You were not represented by an attorney at the time the guilty pleas was made.

Senator Craig went from June 12 to August 4th before he entered a guilty plea. Seems like that is enough time to shop for a lawyer and Sen Craig might have had a better chance of beating charge had he done so during that time frame. Just my take.

[JackJD]

Re: Idaho Sen. Craig's lawyers

It is extremely difficult to upset a guilty plea in all states and Minnesota is no exception. The system has to have firm rules on such matters or it would bog down with cases being reopened. The system depends on matters become final and then we all move on with life.

I think I have read that Craig entered his plea in writing. Many states permit submission of a written plea on low-end midsdemeanors and petty offenses (e.g. speeding cases -- petty offenses -- are usually handled by the person charged sending his money to the court in an envelope provided by the arresting officer). Presumably, since Craig was pleading to a misdemeanor, the writing he sent in included a statement of his rights and a waiver of those rights. He would have been advised, among other things, that a guilty plea means he is admitting the allegations against him and his is giving up his right to insist on the presumption of innocence and the right to a trial at which he would be entitled to confront witnesses against him.

Some years back, I represented a party who had taken a judgment by default (it was a civil, not criminal, case...the defendant didn't respond in the time allowed) against a State Senator. I wasn't involved initially... I was brought in to oppose the defendant's motion to set aside the default judgment. The defendant State Senator asked the trial judge to set aside the default. He said he didn't understand the law. The judge asked for my response...it was short: "Judge, he writes the law." The judge said "Yeah, motion denied."

Billy Martin and Tom Kelly...you know, if he'd hired just Martin and a guy named Smith, or, just Kelly and a guy named Jones, I wouldn't have thought of the coach connection. But, to hire two guys having the same names as Minnesota Twins Managers (I still have my Billy Martin Twins Manager baseball card) for a criminal case in Minneapolis shows a sense of humor in the face of great adversity (okay, he probably wasn't trying to be funny...both Martin and Kelly have reputations as top-notch lawyers).

He's toast.

[filbert]

Re: Idaho Sen. Craig's lawyers

I'm not sure if we're all watching a real-life episode of Seinfeld, or My Name is Earl, or just what, exactly. All I know is that it's definitely a comedy.

On that basis, Craig will probably get off.

OK, that's a poor choice of words, here. (But I couldn't resist.)

[Nidaros]

Re: Idaho Sen. Craig's lawyers

Billy Martin and Tom Kelly...you know, if he'd hired just Martin and a guy named Smith, or, just Kelly and a guy named Jones, I wouldn't have thought of the coach connection. But, to hire two guys having the same names as Minnesota Twins Managers (I still have my Billy Martin Twins Manager baseball card) for a criminal case in Minneapolis shows a sense of humor in the face of great adversity (okay, he probably wasn't trying to be funny...both Martin and Kelly have reputations as top-notch lawyers).

He's toast.

JackJD:
That is very funny. Had not thought about that way at all. I would really like to unload on this fiasco, but there are plenty politcal boards to do that.

[1stRowFANatic]

Re: Idaho Sen. Craig's lawyers

Heard this morning that Sen. Craig actually may have a good argument. His written plea agreement apparently did not have the usual language regarding his right to have an attorney and waiving that right. Whether that will win or not is a different question, but plea agreements usually include that you are waiving your constitutional rights to a trial, attorney, etc. According to MPR, the written plea agreements for misdemeanors in MN usually include language for waiving all the rights because you can't know if they have consulted an attorney through the mail. IF he wins, then he gets a trial. Not sure if that really would be a win for him.