DOLPHINS: More Bart Squat

Wed Nov 4 21:49:15 GMT 2009

Scott's talking himself out of his mea culpa reminds me of criminal court.

As part of sentencing after a guilty plea, the Solicitor will present the facts of the case and the Defendant's record.  The Defendant is then asked if that statement was accurate.  Then the Court allows the Defense attorney to speak on behalf of his client as to mitigation.  As attys, this is usually limited to pointing out specific facts peculiar to this individual case which call for leniency, things in your clients background that do the same, actions your client has taken since the charges were brought to show it was a) an aberration; or, b) a come-to-jesus moment.  Sometimes you'll have some folks who wish to speak on your client's behalf like an employer, pastor, family, etc.

But after all that, the Court will look down off of that bench and say something to the effect of: "Alright, Mr. Scott...I've heard from your attorney and your pastor.  Is there anything you would like to say to me before I sentence you?"

Now here is where the fun starts.  I always tell my clients they need to say something if just to say they are sorry and ask for as much mercy as the Court can allow.  But I also say whatever you say, keep it short, sweet and sincere.  Oh....lemme tell you...I have sat there and heard many a Defendant talk his way right into a tougher sentence than what the State recommended.  I have stood nervously beside many a client tapping my finger on a pad on the podium directly below a large written:  "SHUT UP!" only to have them go on and on and on.  

I actually had a Judge one time stop a client and say, "Mr. X...I would be happy to sit here and allow you to keep talking.  But as you ought to be able to tell from Mr. McLaughlin's furiously patting your back and indicating you should stop...you are not doing yourself a lot of good.  Now would you like to keep digging your hole or are you satisfied with the depth you have achieved." 

Better yet, though, I have seen one lawyer make his spiel, defendant refuse to speak and get sentenced to 5 years.  The defendant got upset and asked if he could say something.  Defendant then proceeds to make a fine speech in arguing for a lighter sentence.  The judge looked at the defendant and asked how much he paid the atty.  The Defendant said something like $4500.  The Judge looked at the Defendant and said, "Mr. X...you made a fine argument.  I'm gonna give you 5 years suspended on you serving 2 years of probation.  And on top of it, I'm gonna order Mr. Y here give you back $3500...you earned more of that fee than he did."

Patrick, getting down verbally...

> From: spartacusii at kc.rr.com
> To: dolphins-disc at phins.com
> Date: Wed, 4 Nov 2009 14:33:04 -0600
> Subject: Re: DOLPHINS: More Bart Squat
> 
> It was a mixed bag of comments as I listened to him. on the one hand, he
> seemed like he was being a man about it & admitting that he should have been
> better about it, & giving credence to what dungy said. But as soon as he
> did that, he ruined it by acting as tho he wasn't going to change in the
> future, & instead tried to come up with some bunch of malarkey about
> sticking with his team.
> 
> In the end, as much as I would like to believe what I heard come out of his
> mouth in the beginning of that interview, he struck me as more dismissive of
> that part. Sometimes you just have to know when to shut up - he talked too
> much a gave it all away.
> 
> I like what sparano indicated in his post-game locker room talk - he said
> let the actions on the field do their talking for them. He was referring to
> what he had told them earlier in the week. & I think that is SOUND advice.
> If what you do on the field doesn't speak for you, then all the other talk
> doesn't matter.
> 
> jp
> 
> www.jprescottphoto.com
> 
> > -----Original Message-----
> > From: dolphins-disc-bounces at phins.com [mailto:dolphins-disc-
> > bounces at phins.com] On Behalf Of dolfanbg at comcast.net
> > Sent: Wednesday, November 04, 2009 11:41 AM
> > To: Miami Dolphins Discussion
> > Subject: Re: DOLPHINS: More Bart Squat
> > 
> > 
> > 
> > Hmmm... I actually like what he says here. He makes a good point about the
> > emotions after a game like that getting the best of a person.
> > 
> > I'm probably in the minority here, but I'm thinking that he may not be the
> turd that I
> > thought he was.
> > 
> > 
> > 
> > I'm probably in the minority here, but I'm thinking that he may not be the
> turd that I
> > thought he was.
> > 
> > 
> > 
> > 
> > 
> > ----- Original Message -----
> > From: "Patrick McLaughlin" <pluvlaw at hotmail.com>
> > To: dolphins-disc at phins.com
> > Sent: Tuesday, November 3, 2009 1:04:04 PM GMT -08:00 US/Canada Pacific
> > Subject: DOLPHINS: More Bart Squat
> > 
> > 
> >
> http://espn.go.com/blog/afceast/post/_/id/5605/video-jets-linebacker-scott-o
> n-the-
> > dolphins
> > 
> > Patrick, getting down verbally...
> > 
> > 
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