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TNDUIATTORNEY.COM
FEBRUARY/MARCH 2019
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DEFENSE DOCKET
DO YOU THINK HE WAS GUILTY? THE PRESUMPTION OF INNOCENCE
At Houston & Alexander, we handle car and motorcycle wrecks, nursing home cases, and even domestic matters. But the cases that seem to attract the most attention are our criminal matters, and the question we’re most often asked with respect to a high-profile case is, “Do you think he was guilty?” Amanda Dunn and I recently represented a client who was charged with first-degree murder. Had he been convicted, he would have been sent to prison for the rest of his life. This was a “cold case,” and our client was charged with the murder and killing of his alleged girlfriend almost 20 years ago. After a four-day trial, the jury found him not guilty and he was released from over 2 1/2 years of custody (he’d been unable to make his $500,000 bond). The jury reached their decision quickly, having deliberated for only four hours. Almost immediately after the jury found him not guilty, Amanda and I were both asked, “Do you think he did it?”
One of our rights as Americans is the presumption of innocence. This means that just because a police officer (or the government) accuses you of a crime, you are presumed to be innocent and may not be found guilty unless — and until — the state has produced evidence that meets and overcomes that presumption by proving you guilty beyond a reasonable doubt. While this legal presumption of innocence is certainly not limited to our country, citizens of certain other countries do not enjoy this right. If you are accused of a crime in China, North Korea, Russia, and other communist countries, you are presumed guilty. In a number of Middle Eastern countries, if you are the victim of a rape, you are considered to be guilty rather than the actual rapist. Attorneys are often called upon to defend people who are in fact guilty of “some crime,” although not necessarily the crime for which they are charged. Our responsibility as attorneys is to hold the state to the standard of proving defendants “guilty beyond a reasonable doubt” and obtaining the best possible outcome while staying within tight ethical boundaries — including not standing idly by if our client takes the stand and fails to tell the truth. In the rare case of that happening, we are ethically bound to withdraw from that case. In the final analysis, it doesn’t matter if our clients are guilty or not guilty. We are legally, morally, and ethically required to zealously defend our clients to best of our ability. In this particular case, though, do we think our client, who was accused of first-degree murder, actually committed the offense and “got away with it?” NO . We believe he was innocent and did not commit the crime.
“One of our rights as Americans is the presumption of innocence.”
Had you been keeping up with this case in the media — in particular, the local online newspaper — you likely would have been surprised. Unfortunately, as is often the case in high- profile criminal matters, the day-to-day coverage of the trial was not entirely accurate. It failed to reflect the degree to which reasonable doubt was presented to the jury. While the outrage was less than we have encountered in other cases, it was still there, and some people thought our client “got away with it.” The jury of his peers who heard the case and considered the evidence disagreed, however.
–Johnny Houston
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3 Tips to Prevent Raising a Picky Eater
When you’re trying to feed your child, keep them healthy, and prevent them from becoming one of those weird adults with the stunted palate of a 2-year-old, it may feel like you’re faced with an uphill climb. Research shows that fussy eating may be as linked to genetics as it is to upbringing, not to mention the tangle of other psychosocial factors that can fuel a child’s inscrutable food preferences. That said, there are ways to help your child foster a healthy relationship with food and encourage them to be adventurous eaters.
12 “exposures” to a new food for it to become familiar, much less something they want to eat. If you put too much pressure on them to eat every last bit of the new food, that particular food won’t fare well in their memories and you’ll have to fight those negative associations from then on. Instead, talk about the new food as you’re preparing it, involve your child in the preparation, and have them check it out on their own terms. Normalizing those Brussels sprouts is half the battle. 2. AVOID TURNING VEGETABLES INTO CHORES. You might think that offering your child a reward in return for finishing their green beans is a good way to make sure your child gets their nutrients, but it causes more problems than it’s worth. It just reinforces your child’s perception that the green beans are the “bad” food
they have to choke down before getting to the good stuff.
3. MAKE A VARIETY OF DISHES. The more monotonous your nightly menu is, the fewer new foods your child will be exposed to, and the harder it will become to introduce healthy newcomers to the table. If your kids like green beans, great, but don’t start serving green beans with every meal just because you know those are the only veggies they’ll eat. Keep it varied and fun, and your kid’s palate will follow. You shouldn’t force your kid to eat food they don’t want to eat, but you shouldn’t cater too closely to their fussy habits either. Present them with a wide variety of the healthy options you want them to eat, and let them discover the joys of taste and texture as they grow.
1. KEEP YOUR EXPECTATIONS IN CHECK.
When a child first encounters a new food, they’re going to give it the side- eye. That’s natural. In fact, according to a 2003 study, it may take as many as
Wild Divorce Settlements 3 Times the Division of Assets Got Out of Control
‘HERE, MY DEAR’ In the divorce agreement
When you’re untying the knot, it’s important to be specific about the assets you hope to walk away with. These three over-the-top divorce settlements are good examples of what not to do when dissolving your marriage. YOU’VE GOT TO BE KIDNEY ME Back in 2001, Dr. Richard Batista donated his kidney to his ailing wife, Dawnell, to save her life. Sweet, right? It was — until Dawnell filed for divorce in 2005 and Dr. Batista demanded she give back his kidney or compensate him for $1.5 million in damages. In the end, his request was thrown out in court because the kidney was a gift — and because removing it would be potentially fatal to his ex-spouse. A LIFE RENT IN TWO When Moeun Sarim and Vat Navy decided to divorce after 18 years of marriage, Moeun apparently decided that, to keep the split equitable, he and his wife should divide their assets in half — literally. Moeun and his relatives cut the home down the middle, dismantled his portion, and hauled it away. Vat’s half was left standing with one wall missing.
between the late Marvin Gaye and his ex, Anna Gordy, it was decided that Anna would be paid from the royalties of Gaye’s next album since he had gone broke from his lavish spending. At first, Gaye decided he’d phone in the production, but he quickly discovered an opportunity to make a unique artistic statement: “I’ll give her my next album, but it’ll be something she won’t want to play and it’ll be something she won’t want the world to hear because I’m gonna tell the world the truth.” In the end, the album was a commercial flop, though critics continue to praise its raw, emotional core.
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An Inside Job
The Curious Case of the Disappearing Flags
Theft is a serious matter, made even more grave when the victims are fallen war heroes. Such was the situation that stumped police in Hudson, New York, in 2012. The crime was first committed in July of the previous year. Flags had been placed around the graves of soldiers in Cedar Park Cemetery — only to go missing right around Independence Day. Veterans groups and locals were outraged and mystified by the crime. Some
community. “I just can’t comprehend the mindset that would allow someone to do this,” Wallace said.
Determined to find out who was to blame, police put up surveillance cameras and recorded the goings-on in the cemetery. As they watched the tapes, sure enough, they saw one of the culprits sitting atop a gravestone with an empty flagpole in front of him. It was a groundhog.
worried that a hate group was to blame, as the missing flags had adorned the graves of Jewish soldiers. Veterans worked to replace the flags, one by one, and right the wrong. No culprit was found, and the community moved on — until the following July, when the mystery repeated itself. Like the year before, flags were placed on veterans’ graves in honor of Independence Day, and again, they went missing sometime in
Apparently, the wooden flagpoles attract groundhogs, something other groundskeepers have experienced as well. “I’m glad we don’t have someone who has taken it upon themselves to desecrate the stones and the flags in front of them,” said Hudson mayor Bill Hallenbeck. “We can all rest a little easier knowing that it was a critter and not a human defacing our flags, especially those of the veterans,” added Hudson’s police commissioner.
the night, this time taken from the graves of African American Civil War soldiers. Cemetery caretaker and veteran Vincent Wallace was appalled, as was the rest of his
Turns out Punxsutawney Phil has some very naughty cousins — ones who aren’t subject to the law.
Hiring an attorney during a difficult time can be extremely stressful. You are trusting your fate to someone you have never met and know nothing about. This was how we felt when we hired Mr. Houston to represent my son. It was a long battle, but Mr. Houston never gave up on our son. From the first meeting until the charges were dismissed, Mr Houston always told me the truth and always kept us up to date on any changes in the case. Even though we faced multiple district attorneys during our case, Mr. Houston and his firm represented our son to the fullest. Client Testimonials
• 3/4 cup popcorn kernels • 2 tablespoons flaky sea salt • 1 teaspoon black sesame seeds • 2 teaspoons white sesame seeds • 2 teaspoons granulated garlic • 2 teaspoons granulated onion • 1/3 cup canola oil • 4 tablespoons unsalted butter, melted Ingredients Everything Popcorn
Inspired by Food & Wine magazine
Directions
1. In a small skillet over medium heat, toast sesame seeds. Shake skillet often and cook until white seeds are golden and fragrant, about 2 minutes. Transfer to a small bowl and add garlic, onion, and salt. 2. In a large saucepan, combine popcorn kernels and oil. Cook over medium-high heat, covered, until popcorn kernels start to pop. Once popping, continue cooking and shaking the pan intermittently until popping ceases, about 3–5 minutes. 3. Transfer popcorn to a large mixing bowl. Pour in butter and toss to coat. Finally, add seasoning, toss again, and serve.
Words are just words. Even the most glowing review could never express how grateful I am we hired this man.
– Anonymous
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INSIDE THIS ISSUE Do You Think He Was Guilty?
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How to Raise Adventurous Eaters
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3 Wild Divorce Settlements
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The Curious Case of the Disappearing Flags
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Everything Popcorn
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3 Ways Nature Improves Your Health
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A Walk in the Woods Is the Prescription 3 Ways Contact With Nature Improves Your Health
Our ancestors were deeply connected to their natural environment, mostly because their survival depended on it. With no Whole Foods available, those who could best track a mammoth, find water, and forage for edible plants kept themselves alive and passed on their genes. Given our history as hunter-gatherers, it’s no wonder contact with nature provides us with several health benefits. A MEMORY BOOST In a University of Michigan study, a group of students were asked to take a memory test that involved repeating numbers back to researchers. Next, researchers separated the students into two groups. Group A took a walk around an arboretum and Group B walked along busy city streets. Afterward, they were asked to take the memory test again. Group A, the students who had walked
in the arboretum, performed 20 percent better on the memory test. Group B didn’t show any marked improvement. Additional research has corroborated the memory-enhancing effects of nature. A MOOD BOOST Observing the benefits nature has for cognitive function, scientists wondered what effects it might have on individuals diagnosed with depression. In one study from the University of Essex, participants with major depressive disorder reported an improvement in self-esteem and mood after spending time in nature. Exercising while in nature resulted in even more of a mood boost for participants. A CALMING EFFECT Research also shows that spending time in nature reduces stress. In a study conducted by Chiba University in Japan,
participants spent two nights in the forest. Researchers evaluated their levels of stress hormones during and after this period and compared it to their normal work days in the city. Across the board, participants’ stress levels were much lower during the days spent in the forest and for several days afterward. Today, we’re less connected to our natural environment than our ancestors were. Modern comforts and technology mean we don’t have to go outside to get our food. But nature is still accessible and you don’t have to go far to find it. In many of the studies, even minor exposure to the outdoors, like adding plants to your home or looking out a window during work, showed health benefits. This winter, find ways to bring a little more nature into your life each day. Your brain will thank you.
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