Legal Law

Alan Dershowitz just wonders why convicted murderers can’t go home until appeals are made

(Photo by John Lamparski / Getty Images for Hulu)

In today’s episode of “What the hell happened to this guy?” We turn to famous Harvard professor Alan Dershowitz for a bailiff for a state criminal case.

Take it away, Dersh.

“He should be released on bail. There is no reason why he should be taken into custody, ”Dershowitz told Fox’s Laura Ingraham. “He won’t flee, he wants to appeal. He won’t endanger anyone. His face is known. What if his belief is reversed? Where is he going to get the two years back? “

Here on planet Earth, courts generally have no habit of sending convicted killers home to cool their heels off for a year as appeals work their way through the system. No, not even white people with no criminal record, as Ingraham, who worked for Justice Clarence Thomas after receiving her JD from UVA, knows for sure.

She also knows exactly why Derek Chauvin, a police officer who publicly murdered a black man, has to be in segregated apartments at the Minnesota Justice Department if he is to make it to his sentencing date in two months. But that will not stop them from pretending that this is some kind of evocation of revenge against the accused.

“Alan, it is reported that chauvin is being held in solitary confinement 23 hours a day and one hour a day for exercise,” she said. “Do you think what the judge said about an appeal was that it probably shouldn’t be taken back into custody? And then we have the problem of solitary confinement. “

Indeed, Judge Peter Cahill made a spontaneous remark: “Congressman Waters may have given you something on appeal that may result in this entire process being overturned.” But then he denied the defendant’s petition for trial, and the jury reached a unanimous guilty verdict within hours.

As appellate attorney Andrew Fleischman wrote in Arc Digital, the likelihood that Chauvin’s conviction will be overturned on appeal is slim. Especially since the Minnesota courts have a very restrictive approach to dismissing a jury after a conviction.

Still, Ingraham and Dershowitz demand that Judge Cahill behave as if his decision is inevitably overturned and release a convicted murderer at his own discretion.

“Well, different states have different rules about whether you get bail if you are convicted of a crime as serious as murder,” Dershowitz agreed, without reference to any relevant Minnesota law or precedent. “But in general he should be bailed out if you have good appeal problems and the judge himself said there are good appeal problems – at least one good appeal problem in this case, and I think there are half a dozen good appeal problems. ”

But Fleischman, who does not have the distinction of advising Mike “My Pillow Guy” Lindell on his latest lawsuit against Dominion, but deals with day-to-day legal practice, disagrees.

“In general, judges are reluctant to release murderers from prison after they are convicted,” he told ATL. “It would be very embarrassing if you committed or committed any other crime, and it is not a political panacea to say that you take Alan Dershowitz’s advice.”

Elizabeth Dye lives in Baltimore, where she writes on law and politics.

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