Sunday, January 19, 2014

Cool: Lawyer Being Sued

From the Detroit Free Press: Jacob Trakhtenberg spends his days in his tiny Royal Oak apartment, lifting weights in his living room and refinishing old furniture he picks up at local thrift stores.
It’s a far cry from the life the retired Chrysler engineer once led in a million-dollar home in Oakland Township, where he was enjoying his later years with friends and family.
Trakhtenberg, 76, lost it all after he was convicted of sexually assaulting his young daughter in 2006. During the 53-minute bench trial, his court-appointed attorney didn’t ask for a jury, make an opening statement or call any witnesses other than Trakhtenberg.
Out of prison since 2012 — and with his record cleared after the Michigan Supreme Court tossed his conviction — Trakhtenberg is now suing his defense attorney Deborah McKelvy for malpractice. A trial is expected later this year.
In a rare move, the state Supreme Court issued a strongly worded ruling saying he was entitled to sue McKelvy because she violated his constitutional rights. The high court sometimes determines whether a defendant is entitled to a new trial, but seldom considers legal malpractice cases, which are civil matters.
In its opinion, the court said McKelvy’s “performance in this case was constitutionally inadequate and rendered defendant’s trial unfair and unreliable.”  http://www.freep.com/article/20140120/NEWS03/301200019/sexual-assault-exoneration-Jacob-Trakhtenberg-engineer-lawsuit-malpractice-attorney
So many times, when someone is wrongly convicted, the state has to pay a penalty and the defense lawyers pay nothing.
Mot of the time, if a defense lawyer did their job properly, their client would be found innocent, if they truly were.
More defense attorney's should be sued for incompetence if a truly innocent client is found guilty of a crime they didn't commit and hopefully, this defense attorney will be have to pay out big bucks for his incompetence.

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