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Attorneys for Accused Killer Theriot would like to be paid

Posted on 4/29/19 at 12:00 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41602 posts
Posted on 4/29/19 at 12:00 pm
LINK Advocate Link - if it blocks you, use icognitio mode

quote:

Defense attorneys for accused multi-slaying killer Dakota Theriot asked an Ascension Parish judge Monday to find them a source of funding for his defense and halt the prosecution in the interim. The request came as Theriot was arraigned Monday on two counts of first-degree murder in Ascension Parish in the slaying of his parents, Keith and Elizabeth Theriot, in late January. Theriot pleaded not guilty to the charges brought by the Ascension grand jury March 18. Defense attorney Christine Lehmann told Judge Jason Verdigets Monday that she and defense attorney Elliott Brown have been working pro bono for the past month on Theriot's case.


I'm really curious to see how a not guilty defense here is going to work. Are they planing on saying he was insane, or are they actually going to say he didn't do it? Or it was self-defense, twice?

In any event, I would imagine such a defense will be very costly. So will such a prosecution.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45505 posts
Posted on 4/29/19 at 12:03 pm to
quote:

he was insane,


So insane he should never be free again.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
70176 posts
Posted on 4/29/19 at 12:04 pm to
quote:

she and defense attorney Elliott Brown have been working pro bono


don't they agree to this prior to representing him?

Posted by LSUFanHouston
NOLA
Member since Jul 2009
41602 posts
Posted on 4/29/19 at 12:04 pm to
don't they agree to this prior to representing him?

Not really, they are appointed by the court and I don't think they can say no.
Posted by Bjorn Cyborg
Member since Sep 2016
36494 posts
Posted on 4/29/19 at 12:05 pm to
quote:

So insane he should never be free again.


I've never understood the insanity defense. In my opinion, being crazy makes it worse not better.
Posted by Fun Bunch
New Orleans
Member since May 2008
131654 posts
Posted on 4/29/19 at 12:05 pm to
quote:

I'm really curious to see how a not guilty defense here is going to work.


If the only deal they are offering is the death penalty, you have no reason to plead guilty.

At that point you change your plea once you've got something else on the table.
This post was edited on 4/29/19 at 12:06 pm
Posted by TigernMS12
Member since Jan 2013
5695 posts
Posted on 4/29/19 at 12:06 pm to
Everyone pleads not guilty as a matter of course at an arraignment. If not, you do not have the ability to plea bargain.
Posted by Boudreaux35
BR
Member since Sep 2007
22281 posts
Posted on 4/29/19 at 12:07 pm to
Just hang his sick arse now and nobody has to spend any more money. I'll buy the rope.
Posted by lsueric25
not in br
Member since Sep 2008
515 posts
Posted on 4/29/19 at 12:11 pm to
Fry him and any bleeding heart that wants to stop it.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41602 posts
Posted on 4/29/19 at 12:26 pm to
quote:


Everyone pleads not guilty as a matter of course at an arraignment. If not, you do not have the ability to plea bargain.


Are the attorneys just posturing then? Seems like they want money to mount a defense.
Posted by Upperdecker
St. George, LA
Member since Nov 2014
33886 posts
Posted on 4/29/19 at 12:30 pm to
They want money bc nobody is paying them and they are required by their employment (the state) to work his defense. Nobody works for free
Posted by TeddyPadillac
Member since Dec 2010
30719 posts
Posted on 4/29/19 at 12:30 pm to
You have the right to an attorney, if you cannot afford one, one will be appointed to you.


So what’s these arse hats complaining about? There job is too hard?
Posted by Dizz
Member since May 2008
16214 posts
Posted on 4/29/19 at 12:31 pm to
quote:

Are the attorneys just posturing then? Seems like they want money to mount a defense.


Even if the plan is to plead guilty at some point it will take time work that file and you never know what position the DA's office is taking on it. If insanity is on the table that will take time and money. His attorneys would be committing malpractice and make the case ripe for appeal if they don't investigate all claims.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41602 posts
Posted on 4/29/19 at 12:38 pm to
quote:

So what’s these arse hats complaining about? There job is too hard?


If the state forced you do to something work-related, would you want to get paid for it?
Posted by jdd48
Baton Rouge
Member since Jan 2012
24051 posts
Posted on 4/29/19 at 12:45 pm to
quote:

I've never understood the insanity defense. In my opinion, being crazy makes it worse not better.


There's a legitimate clinical condition known as brief psychotic disorder. He could potentially also suffer from another legitimate mental illness that went undiagnosed for years.

Allegedly the guy had multiple involuntary mental health holds prior to the shooting.

This post was edited on 4/29/19 at 12:55 pm
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
31115 posts
Posted on 4/29/19 at 12:55 pm to
Attorneys are one of the very few jobs the government can force you to do a particular job you may not want to do for free or a greatly reduced fee.

That said the actual attorney's fees are just one cost of a legal defense. Costs paid to third parties especially in a capital case can be huge. You have to either pay the costs as an attorney (my firm often did to the tune of over $100K in a couple of capital cases) or beg the court for the money.

The reality is if you are not well above OT baller status the State will spend more on your prosecution than you can on your defense. I know it is "fun" to argue just kill someone in cases like this but you are arguing to take someones 6th amendment rights, this right is just as sacred as the 1A, 2A and 4A along with all the others.
This post was edited on 4/29/19 at 12:56 pm
Posted by idlewatcher
Planet Arium
Member since Jan 2012
98638 posts
Posted on 4/29/19 at 1:22 pm to
quote:

That said the actual attorney's fees are just one cost of a legal defense. Costs paid to third parties especially in a capital case can be huge. You have to either pay the costs as an attorney (my firm often did to the tune of over $100K in a couple of capital cases) or beg the court for the money.


I'm assuming a lot of those cases are relative slam dunks for the prosecution. If the defense can't supply a decent attorney or the defendant can't hire a decent attorney, the prosecution is in a great position to win.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45505 posts
Posted on 4/29/19 at 1:26 pm to
quote:

Attorneys are one of the very few jobs the government can force you to do a particular job you may not want to do for free


This is why you often see them gathered together at night singing spirituals.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
31115 posts
Posted on 4/29/19 at 1:47 pm to
quote:

I'm assuming a lot of those cases are relative slam dunks for the prosecution. If the defense can't supply a decent attorney or the defendant can't hire a decent attorney, the prosecution is in a great position to win.


While there are no slam dunks, LSU learned that when Troy came to BR in September of '17 but I get your point.

People, in general, have no idea how skewed in favor of the State most criminal cases are unless you have real money as a defendant. Something that has stuck with me for over 20 years was a discussion I had over lunch with one of my laws school friends, who was a PD at the time, during the OJ Simpson trial. I quipped how OJ had tilted justice in his favor with his money, my friend just said no, he merely leveled the playing field.

I have no idea what the defense's legal strategy is but to present it correctly the third party costs would almost certainly be very high. That said there is very little motivation for the public to be willing to cough up their money to defend Theriot. That said preserving each of our rights has a cost of some sort but as dictated by human nature most people are only interested in paying the cost for the ones they expect to exercise.
Posted by fr33manator
Baton Rouge
Member since Oct 2010
135024 posts
Posted on 4/29/19 at 1:47 pm to
If he was insane then just hang a crazy man
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