Can Defense Lawyers Go Too Far? Prosecutors Face Dilemma in Court

Prosecutors are caught in a tough spot as they investigate defense lawyers’ conduct

Can Defense Lawyers Go Too Far? Prosecutors Face Dilemma in Court
Can Defense Lawyers Go Too Far? Prosecutors Face Dilemma in Court

Broward County: A defendant is facing a tough choice. His lawyer is under investigation for possible misconduct. This could create a conflict of interest for him.

Jamell Demons, also known as rapper YNW Melly, is in a tricky situation. His attorneys claim the Broward State Attorney’s Office is interfering with his right to a fair defense. They revealed that his lead attorney, Raven Liberty, is being investigated for witness tampering. This is serious, especially since Demons is facing double-murder charges.

It’s not common for prosecutors to accuse defense lawyers of crossing the line, but it does happen. However, launching a criminal investigation against a defense attorney is pretty rare. Liberty has been practicing law since 2004 and has no history of misconduct. She was hired to defend Demons against allegations of shooting two fellow rappers after a recording session in Fort Lauderdale.

Demons’ first trial ended in a hung jury last summer, and his retrial is set for September. In court, the judge warned Demons he might need to choose between keeping Liberty or finding a new lawyer who can quickly get up to speed on his case.

Neither the Broward Sheriff’s Office nor the State Attorney’s Office is commenting on the investigation. They disclosed it to give Demons a chance to decide on his legal representation. Legal experts say this situation is tricky for prosecutors.

Former Palm Beach State Attorney Dave Aronberg noted that prosecutors usually avoid interfering with a defendant’s right to a fair trial. Threatening to charge a defense lawyer could backfire and create issues for the prosecution later on.

Padowitz, a former Broward prosecutor, warned that going after defense lawyers can lead to serious questions about misconduct and overreach. After his first trial, Demons was charged with witness tampering himself, but it’s unclear if Liberty’s investigation is connected to those charges.

Padowitz suggested that an outside prosecutor should handle the investigation to avoid any appearance of unfair targeting. Calls to Liberty went unanswered, but another defense lawyer described the investigation as intimidation. He questioned how Demons could make an informed decision about changing lawyers without knowing the charges against Liberty.

The State Attorney’s Office has referred questions about the investigation to the Broward Sheriff’s Office, which typically doesn’t comment on ongoing cases.

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