The Colorado Springs Gazette - "Defense attorneys not connected to (the first-degree murder case of Earl 'Freddy' Mayes) said the technique is an effective way of letting jurors know what the defendant was going through at the time of the alleged crime without him having to take the stand. Using a mental condition defense might also convince jurors to convict of a lesser offense such as second-degree murder, which is homicide without premeditation, or manslaughter.
'It just gives the defense more room,' said David Foley, a longtime Colorado Springs defense attorney who recently used the mental condition defense for Rozita Swinton, accused of misdemeanor false reporting and making the call that triggered Texas authorities to raid a polygamist compound in April. A decision in the case is pending."
I've said before that Rozita's attorney was awfully high priced legal help for her particular crime. This is a man who is something of a local star in criminal defense and he's studiously avoiding the media in Rozita's case, but readily available to give expert opinion elsewhere.
Why does Rozita, who has had abnormal legal costs in the last several years, who has a mundane average paying job at best, who rents, have this kind of legal help? Who procured David Foley for Ms. Swinton? If memory serves me she did not have his help the last time around when she was in purely local trouble, but when she gets herself into real trouble suddenly she can get real help?
This also points to the defense as a ploy used by a cynical defense attorney. Make her a lunatic. It's easier to defend her that way. How did a lunatic come up with such a good defense attorney, for a misdemeanor?
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