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re: Meet Heather Shaner. She's a DC Public Defender who has represented 43 J6 defendants

Posted on 1/6/25 at 11:57 am to
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
46368 posts
Posted on 1/6/25 at 11:57 am to
quote:


They can, but it's incredibly difficult to switch PDs in most jurisdictions because it would cause utter chaos once the floodgates were open.

PDs typically handle the vast majority of cases and constantly shuffling them would effectively seize/stall the entire system.


I get that but shouldn’t there be concerns about effective counsel in this case? I know that PDs defend people all the time who they think are guilty but from what she said I wouldn’t have faith that she would defend me vigorously.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 1/6/25 at 12:03 pm to
quote:

but from what she said I wouldn’t have faith that she would defend me vigorously.

Again, this "vigorous" defense can hurt the client.

Seen this aggro approach blow up all the time where deals get pulled to the client's detriment, where they are only left with trial or plea straight up with no offer.

As an attorney aggro works if you're ready and willing to take the high-risk approach of trial, every time. This adds a LOT of risk to your clients. The problem is that the system is so slanted for the state/prosecution, there are not many chances where victory at trial is likely. There is that risk:reward calculation for clients to make and attorneys have to understand their impact on how they can skew that calculation.

I heard a story of a PD in one jurisdiction who was going hard on this one case where there was a decent chance of winning at trial (which is rare) and he was told if he went to trial none of his clients moving forward would be given any deals.
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
196560 posts
Posted on 1/6/25 at 12:03 pm to
quote:

Who wins? The J6ers or the Portland protestors?
in a fight the J6ers But it's a false comparison 97 percent of the non-FBI agents that showed up January 6th had the best of intentions and love their Country

whereof ninety-eight percent of the Antifa Portland protesters are either mentally ill and or anarchist

Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
196560 posts
Posted on 1/6/25 at 12:06 pm to
quote:

Exercising your constitutional right to protest the government (which was encouraged by the founders, btw) is a sign of poor judgement?
I didnt say what he did on J-6 was an example of his poor judgment


I even pointed out he found himself in complications you could go January 6th be part of the protest and not find yourself in complications


Posted by udtiger
Over your left shoulder
Member since Nov 2006
115415 posts
Posted on 1/6/25 at 12:30 pm to
note:

quote:

represented


not

quote:

defended
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138898 posts
Posted on 1/6/25 at 2:10 pm to
quote:

Further, a number of folks arrested for J6 thought it was okay to enter the Capitol
So you are not only saying "nothing seems out of line" with Ms Blue Hair calling impoverished J6 defendants (aka her clients) "schmucks" while ensuring every one of them pleaded guilty.

You are now claiming no one arrested for J6 thought it was okay to enter the Capitol; no one was ushered in by Capitol Hill Police?
Are you now also claiming Capitol Hill Police did not take selfies with folks who were arrested?
Are you claiming Capitol Hill Police did not escort folks to the Congressional Chambers and unlock doors to allow their entrance?

I don't really care about the specifics of Christopher Grider's case TBH, aside from the fact that he made a claim compatible with what any neutral observer clearly saw again and again and again in the released videos.

E.g., the same videos showing the majority of Capitol entrants abiding rope lines as they traversed statuary hall. But if (a big if) the linked news source got the Ginder facts wrong, then they simply chose the wrong example.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138898 posts
Posted on 1/6/25 at 2:33 pm to
quote:

Predict what would happen on here if we were to discuss rational reforms of this system in the context of an out-group example.
You're a lawyer working in a system in which public defendants are openly disrespectful of their own clients, offer their clients no apparent defense, and therefore have a 100% guilty plea count. In this instance you say "nothing seems out of line" with Ms Blue Hair calling her impoverished defendants "schmucks." Now you're couching that claim by saying "nothing seems out of line" given our shitty system.

Yet, instead of discussing ways to reform our shitty system that normalizes BlueHair's conduct, you're fretting over "what would happen on here if we were to discuss rational reforms in the context of an out-group example." Perhaps you're concerned reforms you'd present wouldn't hold water? Certainly, that's been the history when we've discussed med mal. But this is a different topic. Let's hear what you'd suggest. Make your case.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 1/6/25 at 2:36 pm to
quote:

So you are not only saying "nothing seems out of line" with Ms Blue Hair calling impoverished J6 defendants (aka her clients) "schmucks" while ensuring every one of them pleaded guilty.

That is some framing.

quote:

You are now claiming no one arrested for J6 thought it was okay to enter the Capitol; no one was ushered in by Capitol Hill Police?

No.

I pointed out the guy referenced in your quote attempting to make that claim, was clearly lying when he made that claim.

quote:

I don't really care about the specifics of Christopher Grider's case TBH

Well you used his quotes

And you proved my point exactly about those too emotionally invested to even agree on undisputed facts of the various prosecutions.

Posted by Flats
Member since Jul 2019
28133 posts
Posted on 1/6/25 at 2:38 pm to
quote:

Assuming accuracy, to a nonlawyer this seems to be yet another example of a lawyer annihilating integrity in the profession


That would assume there's any integrity left to annihilate.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138898 posts
Posted on 1/6/25 at 2:44 pm to
quote:

And you proved my point exactly about those too emotionally invested to even agree on undisputed facts
Which undisputed facts are you referencing? I have literally zero investment in the individual case you're pushing, except of course to point out the facts are obviously not undisputed, and the claims are in no way unique. Conjuring "emotionally vested" out of that requires creatively magical alchemy.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 1/6/25 at 2:48 pm to
quote:

You're a lawyer working in a system in which public defendants are openly disrespectful of their own clients,


There was a thread a while back where a PD was critical of his/her clients and that was not seen as a big deal, b/c those clients were the out-group. I'll see if I can find it but this thread is eating up all the SEO.

quote:

offer their clients no apparent defense

Assumption not in evidence.

quote:

, and therefore have a 100% guilty plea count

A good question would be how many defense lawyers involved are doing better than 90% (min sample of 3). It wouldn't shock me if that number was 0

quote:

In this instance you say "nothing seems out of line" with Ms Blue Hair calling her impoverished defendants "schmucks."

I said her rate of pleas wasn't "out of line". Don't rely on more strawmen

quote:

Now you're couching that claim by saying "nothing seems out of line" given our shitty system.

I have been a long-time advocate in reforming the system.

Others only want to do it when their perceived in-group faces it. They are hypocrites, hence.

quote:

Predict what would happen on here if we were to discuss rational reforms of this system in the context of an out-group example.


quote:

, instead of discussing ways to reform our shitty system that normalizes BlueHair's conduct,

Her conduct isn't really an issue if we're talking about the system.

quote:

you're fretting over "what would happen on here if we were to discuss rational reforms in the context of an out-group example."

Yes, because people melting over J6 don't care about the system. They only care about J6 Defendants. They don't want to address the system, only how reforms could be specified only to help J6ers. Make that defendant a poor black person not associated with Trump/MAGA and it's a different situation entirely.

quote:

Certainly, that's been the history when we've discussed med mal.

Your suggestions here have been proven to only raise costs for all involved and you just reject that result.

quote:

Let's hear what you'd suggest.

Fewer criminal laws

Less punitive punishments for those who remain

Restoring our Constitutions rights that have been stripped since the 70s and 80s (especially during the War on Drugs) with more broadened applicability of the 4A and a judicial effort to repeal exceptions to the warrant requirement and other impositions like Terry stops.

Repeal of the use of the Patriot Act and other terror-related laws for domestic, non-terror crimes.

Bail reform to ensure appearance at court (with more punitive measures for criminal conduct shown by clear/convincing evidence while on bail) and not pretrial detention.

Hell, actually imposing the burden of reasonable doubt would change things incredibly.

While I was writing this post, this thread was made
This post was edited on 1/6/25 at 2:50 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 1/6/25 at 2:49 pm to
quote:

except of course to point out the facts are obviously not undisputed


I dunno about that. Just because he lied for self-serving reasons doesn't change the review of the facts. Pretty sure he's on video/in pictures doing what he's accused of.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138898 posts
Posted on 1/6/25 at 2:54 pm to
quote:

except of course to point out the facts are obviously not undisputed


I dunno about that.
You dunno that disputed facts are not undisputed.
Alrighty then.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 1/6/25 at 2:55 pm to
quote:

You dunno that disputed facts are not undisputed.

Who is giving an honest dispute of the facts?

The defendant is clearly lying for his own gain. Who else is disputing them?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138898 posts
Posted on 1/6/25 at 3:04 pm to
quote:

In this instance you say "nothing seems out of line" with Ms Blue Hair calling her impoverished defendants "schmucks."
------
I said her rate of pleas wasn't "out of line". Don't rely on more strawmen


Here is what you responded to when you said it:
quote:

If she said this, if her quotes are accurate, and if this is her attitude, I'm curious as to whether our resident attorneys think the DC Bar should intervene?
------

Nothing seems out of line there.
Then you went on to cite plea rates.
Posted by riccoar
Arkansas
Member since Mar 2006
5120 posts
Posted on 1/6/25 at 3:08 pm to
quote:

The problem is that the system is so slanted for the state/prosecution, there are not many chances where victory at trial is likely.


If you have the money for high paid, experienced, and deeply engrained legal representation you have a great chance.

If you have to use a public defender, you are going to jail.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138898 posts
Posted on 1/6/25 at 3:09 pm to
quote:

Who is giving an honest dispute of the facts?
Whoa! You just swapped "undisputed" for "honestly disputed"?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138898 posts
Posted on 1/6/25 at 3:13 pm to
quote:

While I was writing this post, this thread was made


So you think "cite and release" is the remedy for our shitty legal system?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138898 posts
Posted on 1/6/25 at 3:19 pm to
quote:

If you have to use a public defender, you are going to jail.
If they have to use a public defender who is unprofessional in appearance, considers her clients 'schmucks,' and laughs about their plight, they are definitely going to jail.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 1/6/25 at 3:26 pm to
quote:

Then you went on to cite plea rates.

Which was the point (and which you purposefully excluded).

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