OMG! Bill – You did not do what I think you did?

UPDATE: So I passed on my blog post to the powers that be over at FACDL this morning, and low and behold they apparently expressed their displeasure with WFTV-ABC for dishonestly obtaining and using their seminar materials.

Hal Boedeker apparently obtained this explanation from them:

“WFTV took down the story because the station said it had run its course and also as a courtesy to the Florida Association of Criminal Defense Lawyers. That group’s leader said the story compromises his ability to get attorneys to come to his seminars as presenters.”

Now, this is the only Casey Anthony story WFTV-ABC has ever completely removed from their website, so why, oh why, would the great Kathi Belich care what the president of the Florida Association of Criminal Defense Lawyers is concerned with – oh right, so Bill Sheaffer doesn’t get kicked out of the organization.

I must say that I received quite the response to my criticism of Mr. Sheaffer (In Defense of the Casey Anthony Defense). And if there is one thing I learned, it is that the purpose of criticism can get lost in the accompanying rhetoric. So lesson learned – no more suspender references.

Well, as many of you know, Mr. Sheaffer sent a response to Hal Boedeker (Casey Anthony: WFTV’s Bill Sheaffer says, ‘I … strive to consistently deliver sound legal analysis’) that was well written and very refined – no different than how Mr. Sheaffer speaks publicly. I respect him for that, but again, it has never been the tone in which he delivers his opinion that bothers me – it has been the accuracy of his content.

So with that, I would like to discuss the content of his response:

Mr. Sheaffer begins by telling Mr. Boedecker:

“I have been asked for, and strive to, consistently deliver sound legal analysis of this case, based upon my knowledge and experience gained from 30 years as a criminal defense attorney and my time as a prosecutor.

Well, he sidestepped the substance of my “complaint” – that his legal opinions were not supported by existing law – but I give him a pass on that, because that is what any good lawyer would do.

However, I would point out that his time as a prosecutor, lasted less than two years: 1978 – 1980. (See Bill Sheaffer Bio – JD obtained in 1978, Private Practice from 1980 – Present). So I am not sure how much insight can be given from being a prosecutor for less than two years. Most prosecutors don’t even handle their first felony case until right at two years – not to mention the law has change just an itty bit since Ms. Sheaffer last prosecuted a case (1980).

Regardless, lets get to the real double standard in his response.

“It is always easier to criticize than to create, and it is easier to denigrate than to develop one’s own well-reasoned discourse on a topic.”

Lets talk about that for a second. The very same day that he extols how much easier it is to “denigrate than to create,” he can be found denigrating (although mildly) Ms. Lyon for a lecture she gave at a seminar here in Orlando. (WFTV-ABC: Casey’s Death Penalty Attorney Called Jurors “Killers” and Raw Video Footage). Never mind that Ms. Lyon was “creating” a discourse among fellow defense attorneys (Mr. Sheaffer advertises his wares as one).

UPDATE: WFTV-ABC removed EVERY trace of this story on their website within hours of my posting. Please see Hal Boedecker’s blog post for his review of the story that actually aired. (Orlando Sentinel: Casey Anthony: WFTV offers audio of defense attorney Andrea Lyon blasting judges, jurors, female prosecutors at conference last year)

What might even be more telling is that although Mr. Sheaffer advertises on his website that he too represents people charged with First Degree Murder (If his clients were eventually convicted – does that mean he represents murderers?) – I nonetheless cannot see one time where he has lectured as an authority at a death penalty seminar.

Mr. Sheaffer advertises on his website that he too represents people charged with First Degree Murder…

But I do know this, Florida Rules of Criminal Procedure require a person who wants to handle Death Penalty cases to attend a Death Penalty Seminar once every two years. (See Florida Bar Rules 3.112.) So how can he denigrate Ms. Lyon for speaking at a seminar that he not only has a fifty percent chance of being required to attend – but a seminar he has never been invited to speak at?

Well what bothers me more about his “commentary”  is he failed to put the seminar into any kind of context during his staged video interview with Kathy Belich. I mean it is not like he did not have the chance, they specifically ask each other if they forgot anything – Sheaffer is ultra concerned he mentions professionalism.

But Mr. Sheaffer, the consummate professional, failed to mention that this particular seminar is called “Death is Different” (and considering you only experience death once, it sure is different) and is put on every year by the Florida Association of Criminal Defense Lawyers (FACDL), that attendance is only open to defense attorneys, and it is a very informal, collegial affair (he should know if he ever attended).

But more importantly, this seminar is held in Orlando so that people can come and spend time with their families at the parks after the seminar is over. Any lawyer will tell you, legal seminars are more for the attendees to get away and recharge, than to act like they are still in the straight jacket of work.

And as any Death Penalty lawyer will tell you – defending a person who is facing death is one of the most stressful jobs there is because of the fear an innocent person could die. (Please visit the innocence project for a list of innocent people killed at the State’s hands.)

As any Death Penalty lawyer will tell you – defending a person who is facing death is one of the most stressful jobs there is because of the fear an innocent person could die

Seminars tend to be filled with like minded professionals. It should be noted that the Florida Prosecutors Association puts on a seminar every year as well. And it is not open to defense attorneys – it would be interesting to know what they say about jurors and how to best obtain a death sentence – i.e. KILL SOMEONE.

And that allows me to segue into the next part of Mr. Sheaffer’s response.

“There will always be those who prefer to take that easier route. I think the public, the judicial system and the memory of Caylee are better served if the focus of the discussion remains on the facts of the case and the workings of our judicial system and not those who opine on these matters.”

I am just glad that Mr. Sheaffer admitted that his commentary is no longer about giving sound legal analysis – rather it is about honoring “the memory of Caylee” – which is exactly what his viewers wanted him to say.

And I don’t have a problem with him saying that if he was offering his commentary as that of a former prosecutor (Former prosecutor Bill Sheaffer: 1978 1/2 – 1980). Because I don’t expect prosecutors (former or not) to know the law – I expect criminal law experts to know the law.

Which brings me to my past point about his comments yesterday – Mr. Sheaffer is critical of Ms. Lyon because her comments in the Death Penalty seminar – which is open only to defense attorneys – are “unprofessional.”

Well I noticed something about their raw footage, Ms. Belich mentioned the other lecturers that she hadn’t listened to (go figure). But what I realized is that Ms. Belich had obtained the actual seminar audio and materials that are sold by the Florida Association of Criminal Defense Lawyers (FACDL).

And I know this about the materials, they are only sold to defense attorneys (no media, no prosecutors, no open records laws available) and any member who distributes them violates the Florida Association of Criminal Defense Lawyers by-laws. I believe an attendee also violate a separate oath they execute when they sign up for the seminar that they will not distribute the materials (this oath is for non FACDL members). And the reason for both these policies is fear that exactly what happened – someone like Belich will report on them out of context – doesn’t happen.

So not only does this undermine confidence that people can engage in a free discourse of ideas at the criminal defense seminars – it discourages other quality speakers from being willing to speak at such seminars in the future.

Now I cannot think of any “professional” lawyer that is a member of the Florida Association of Criminal Defense Lawyers who would violate not only FACDL’s by-laws, but also a separate oath and distribute these seminar materials to Ms. Belich.

But I do know this for a FACT. William J. Sheaffer is listed as a member of FACDL on his website and on theirs. You do the math.

William J. Sheaffer is listed as a member of FACDL… You do the math.

So Mr. Sheaffer, I could care less if I am ever asked to provide my “expert opinion” on television again because of my criticism of you – I never asked one reporter to let me speak and I didn’t get into criminal defense to be a local celebrity. I got into criminal defense because I love the fight.

So know this, I will be on you like white on rice. You have sold out your colleagues (I hope FACDL kicks you out) and besmirched our profession.

Every comment you say from here on out will by hyper-analyzed – just like you hyper-analyze everyone else. The only problem is I know what I am talking about.

Let the games begin.