tag:blogger.com,1999:blog-8597101.post2425475084997708875..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Exonerees, lawyers fees and innocence compensation: A personal perspective on an ugly disputeGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger74125tag:blogger.com,1999:blog-8597101.post-79014211595188873422011-09-12T07:52:52.560-05:002011-09-12T07:52:52.560-05:00Law firms are spread far and wide over the stateS....Law firms are spread far and wide over the stateS. Most of these firms are<br />mid sized organizations.Injury Compensation Irelandhttp://www.injury-compensation-ireland.com/noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-42479120435445018792011-05-12T07:37:20.645-05:002011-05-12T07:37:20.645-05:00E.A., are you going to take Sec. 1983 civil right...E.A., are you going to take Sec. 1983 civil rights cases pro bono? That's what's at question here, not filling out a one-page form.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-78953957803225626302011-05-11T22:29:57.209-05:002011-05-11T22:29:57.209-05:00Here. My name is E. A. Srere. I'm a criminal ...Here. My name is E. A. Srere. I'm a criminal defense attorney in Dallas, whose best friend in the PD's office here had a hand in a great majority of exoneration cases. I'm here to offer my services PRO BONO to ANY exoneree who needs to get their compensation from the State of Texas. Why???? Because THEY DIDN'T DO ANYTHING, WERE SCREWED BY THE STATE OF TEXAS, AND SHOULDN'T OWE A PENNY TO ANYONE FOR CLEARING THEIR NAMES AND RECEIVING COMPENSATION FOR SPENDING THEIR TIME INCARCERATED IN TDCJ, WHERE THEY WERE PROBABLY BRUTALIZED DAILY. How any lawyer could want to make money off of that just boggles my mind. If Blackburn and his crony Glasheen want to make millions off these guys, I challenge them to spend even ONE MONTH in TDCJ, and say that any monetary compensation is enough. "Your first night is your wedding night," is what my mentor King Solomon used to tell clients who could go to the pen. Grits, I'm ashamed of you. Really. And really, it is a one-page document. One signature. I've seen it. A million dollars? really???? What scum. No wonder no-one likes attorneys. This is a criminal matter, and there's no way that they intended to pay for lobbying. Sure, the compensation was upped. But all it's upped is taken by the lawyers' fees. Please.easrerenoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-2990180031024759502011-01-18T16:27:59.661-06:002011-01-18T16:27:59.661-06:00Grits,
The State Bar of Texas appears to be some...Grits, <br /><br /><a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2011/01/18/national/a111339S85.DTL&type=business" rel="nofollow">The State Bar of Texas</a> appears to be some of those "naive purists" taking issue with Glasheen's actions on behalf of the exonorees. To wit: the Timothy Cole Bill.<br /><br />Hope to hear your take.DeJon Reddhttps://www.blogger.com/profile/05895402191814633197noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-78652335077633436792009-12-20T21:27:59.846-06:002009-12-20T21:27:59.846-06:00A while back I read the best seller "The Mill...A while back I read the best seller "The Millionaire Next Door" basically talks about the habits and lifestyles of the really rich. One unexplainable thing to me about this blog is that a very wealthy man, (according to his winning status as an attorney) such as Kevin Glasheen would have the time, or any remote interest to answer or comment on any posts to this blog. It doesn't even seem like many of the exonerees are spending time writing about this subject. Does anyone know of any exoneree blogs or websites where they tell their sides of the story?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-17832470265522785552009-12-20T18:38:39.631-06:002009-12-20T18:38:39.631-06:00Steven's lawyers were in court with me last we...Steven's lawyers were in court with me last week and made the statement to the Judge that Steven was going to be evicted this week if he didn't get some money immediately. He either didn't appeal because he missed the appeal deadline or because he was desperate for money. Either way it was negligent.Kevin Glasheennoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-79295057930940487342009-12-20T15:41:24.820-06:002009-12-20T15:41:24.820-06:00Hey Mr. Glasheen, why is is that you are communica...Hey Mr. Glasheen, why is is that you are communicating with Phillip's lawyer about his eviction, is it like sharing war stories or something? In the ghetto, people hang out of their windows to gossip, how do y'all do it?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-53964455369644163072009-12-20T15:34:24.899-06:002009-12-20T15:34:24.899-06:00Dear Michelle,
As Kevin wrote, ignorance is no exc...Dear Michelle,<br />As Kevin wrote, ignorance is no excuse.<br /><br />Dear Kevin,<br />As Michelle wrote,<br />blah, blah, blah<br />Blah,Blah,Blah,<br />BLAH! BLAH!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-22121378455880981582009-12-20T14:53:39.088-06:002009-12-20T14:53:39.088-06:00Phillips should really consider suing his lawyer (...Phillips should really consider suing his lawyer (if he was represented) for legal malpractice for missing the ten day appeal deadline.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-57379646260045628412009-12-20T13:07:46.512-06:002009-12-20T13:07:46.512-06:00I haven't read the posts on this topic so it w...I haven't read the posts on this topic so it was interesting to hear everything. I did laugh out loud because apparently I received a pay raise and didn't realize it! <br /><br />I both love and hate Jeff Blackburn and have told him so. He is one of the best civil rights attorneys in the nation. He's innovative and passionate about his causes. His work with IPOT on the Tim Cole case was nothing short of amazing. His boldness and caustic barbs about the criminal justice system threw IPOT to the forefront of the national scene. <br /><br />Kevin Glasheen has continued to get his clients multi-million dollar settlements. It's what he does, and he does it well. The compensation package would not have passed without his lobbying efforts. And, yes, I did set up the meeting between Kevin and Steven Phillips at Steven's request after we had covered all of his compensation options<br /><br />I come into this whole mess as a public defender, having taken my vow of poverty! This is my choice. There does need to be a way to compensate the attorneys who do this type of work. Many IP's fund their staff attorneys' positions through either grant money or through a university or public defender's office. Most IP's file the compensation claims for the client automatically without funds being syphoned off for either the project or the attorney.<br /><br />I am proud that the men are making their own decision instead of a prison guard. That includes filing a lawsuit if the man feels that it is necessary.<br /><br />The actions on compensation have made me wiser. Several of the organizations in Texas now fill out the one-page form for the men immediately before release so that they have an attorney in place when the time comes to file the papers. No fee is charged. We didn't have the luxury of this option before the law passed. We now also have means of helping the men live somewhat comfortably through the UTA Exoneree Project until compensation comes in. <br /><br />As for the attorney's fees on compensation, it will be interesting to see what the judge decides. I don't personally like or agree with the amount of money that is being made off of these men, but 25% compensation is certainly not an outrageous attorney's fee. I don't agree that lobbying is attorney's work, but I don't know what agreements were made with the guys or what all of their contracts say. On one hand, I would tell you that Kevin Glasheen has the right to dole out his fee however and to whomever he sees fit after he gets the money. On the other hand, I have grave concerns that an executive board member with IPOT taking money based upon an exoneration could jeopardize the 501(c)(3) status of that organization. However, there is a conflict of interest statement filed with the board so that the board can regulate such actions, and I'm certain that Natalie Roetzel, the executive director, will have everything in order for the IRS. Despite my personal opinions on this, it will be interesting to see what the judges decide. (By the way, IPOT has now changed their contracts with clients. The contracts provide for re-payment of attorney's fees and expenses if the client gets out and gets compensation. It's a much better contract, and there have been no complaints from any families lately.)<br /><br />In the meantime, the men are well. They are the only exoneree group in the nation that have a support group. Thanks, UTA, Dr. Jaimie Page and Dallas Central Ministries! The men's struggles are monumental with everything that I take for granted in daily life. Dr. Page has been working with them on everything from balancing a checkbook to buying a house. The papers have said these men are millionaires, but in truth they walked away with a lot less than that in their pockets. My hope is that the work continues with both the exonerees and in seeking justice, and NOT that this lawsuit becomes a set-back for any of the IP's. There is still a tremendous amount of work to be done.Michelle Moorenoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-74211353839944852262009-12-18T13:48:19.527-06:002009-12-18T13:48:19.527-06:00Steven Phillips screwed up his claim. He only got ...Steven Phillips screwed up his claim. He only got 2.5 instead of the 4 mm he should have. He missed his ten day appeal deadline. Maybe he skipped the appeal because he is broke - his lawyers say he is about to be evicted. Maybe it is a good idea to have a lawyer to help you file and keep a roof over your head so you can afford the fight.Kevin Glasheennoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-53729886651971591412009-12-16T23:24:16.373-06:002009-12-16T23:24:16.373-06:00Dear Lynn,
Obviously I crave attention and further...Dear Lynn,<br />Obviously I crave attention and further comments will glutuntly feed my immense desire for fame (aka Perez Hilton) please let me clarify your Nancy Drew attempt at sarcasm, it's Columbo to you Missy!<br /> Doesn't change the fact that IPOT, Glasheen, and fans have too much to learn, and learn they will.<br />It's not the messenger you're hating,<br />ITS THE MESSAGE!!!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1015374952403721762009-12-16T15:06:10.798-06:002009-12-16T15:06:10.798-06:00As a member of the executive committee for the Inn...As a member of the executive committee for the Innocence Project of Texas I have some perspective on these issues.<br /><br />First and foremost, the Innocence Project of Texas has only one (1) prerogative: Get innocent people out of jail. With that being said, anything beyond that prerogative has nothing, I repeat nothing, to do with the Innocence Project of Texas.<br /><br />When the Innocence Project of Texas gets an inmate released based on their innocence, we do not stop there, we also try and help them adjust to life in the "real world." In no way do we, as an organization, try and steer civil lawsuits towards any of our members.<br /><br />The only thing that can be said about our organization going beyond our primary goal is when we went to the legislature to try and get some legislation passed to not only limit wrongful convictions, but to also increase compensation to those who were wrongfully accused. This was not only honorable, but right. Anyone who claims the contrary either has an alternate agenda or has their fact misconstrued.<br /><br />It is not wrong to accept a civil case after an inmate has been exonerated. The two cases are separate. they are filed in separate courthouses and have separate causes of action. One cannot fathom the amount of money that is fronted on behalf of these inmates for the purposes of their complaints (civil). These individuals should be lauded, not berated.<br /><br />Please feel free to email me with any questions at: gmacerola@gmail.com<br /><br />My name is Gianpaolo Macerola, and I strongly support Jeff Blackburn, the Innocence Project of Texas and their cause.Gianpaolo Macerolahttps://www.blogger.com/profile/08705190740385090563noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-69308118280491567192009-12-16T11:29:14.707-06:002009-12-16T11:29:14.707-06:00Way to go, Nancy Drew @ 1:41 and 2:45. Sounds like...Way to go, Nancy Drew @ 1:41 and 2:45. Sounds like a great start to a terrible mystery novel. It's so obvious that many of these commenters just have a personal beef with Blackburn or Glasheen and then come here anonymously to trash them using bits and pieces of inside knowledge mixed with nasty rumors. Very juvenile. It's like the TYC threads...Lynnnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-28846855803759763002009-12-16T10:32:01.578-06:002009-12-16T10:32:01.578-06:00Freedom costs a 1.05Freedom costs a 1.05Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-92039970728896472322009-12-16T02:45:59.179-06:002009-12-16T02:45:59.179-06:00The first innocent project of Texas commission was...The first innocent project of Texas commission was held sometime in 2007 at the Wesleyan School of Law. Guess who was there? Christopher Moore, an attorney with Glasheen's team who handled the wrongful conviction cases. Guess what was the main question posed to exonerees? "How much money would you consider fair compensation?" All exonerees on the panel stated that $50,000 a year was definitely not enough. Other concerns raised by the exonerees included medical, psychotherapy,education, job placement, etc. Later that evening there was an after-party were the exonerees were offered all kinds of imported beer and worked over by smooth talking Jeff Blackburn. "Yeah man, my friend Kevin has alot of money and he's very generous." You think offering a broke exoneree $2500 a month won't entice him to sign on? It definitely won't hurt big time rich guy Kevin Glasheen when he's gonna get it all back anyhow...with a profit. Think it's a coincidence these exonerees signed up with Glasheen after being wooed by smooth talking Jeff Blackburn? Think Kevin and Jeff didn't plan all this out from the jump?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-88628236493873246882009-12-16T01:41:39.486-06:002009-12-16T01:41:39.486-06:00I knew it would only be a matter of time, like eve...I knew it would only be a matter of time, like everything. Unfortunately we were able to see what was happening up close, live and in person. Yep, the truth is all too scary to tell on these men, the lawyers I mean, but truth be told and many other men have been set free because of it, exonerees I mean. Blackburn and Glasheen along with their staffs are so doomed, Noe Valles on the Glasheen dream team is exceptionally disturbing, not to mention Chris Moore's obsessive homophobia, Blackburn has a mysterious past surrounded with depression and stories of suicide or is it all an illusion of his alcoholism? Michelle, Ms. Moore, smart enough to try to pull out and remain safe (NOT) yet she sure was looking "well kept" as her salary was increasing rapidly while those black men were being let out, handed some used clothing and set for a new life. There are so many details yet to be told and heard, kind of like Tiger Woods, poor tiger, it only took one to turn on him...Can you hear me now Kevin?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-30332451401938099882009-12-15T17:28:57.245-06:002009-12-15T17:28:57.245-06:00Dejon, I'm curious to hear what your legislati...Dejon, I'm curious to hear what your legislative strategy would have been to pass this bill? Seriously, I really am. Maybe you're onto something the rest of us who've done this are missing...Lynnnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-64965365562088475022009-12-15T16:21:48.707-06:002009-12-15T16:21:48.707-06:00Grits, I wouldn't be surprised if Henry Wade e...Grits, I wouldn't be surprised if Henry Wade employed your condescending, "real world" argument in an attempt to justify the actions that led to these unjust convictions.<br /><br />Like you, I'll be anxious to hear how the courts ultimately deal with Mr. Glasheen's contract.DeJon Reddnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-24233519326785521042009-12-15T13:40:00.276-06:002009-12-15T13:40:00.276-06:00Well, once again, Ol' Grits is really showing ...Well, once again, Ol' Grits is really showing his true colors on this topic. After all of his prior pontificating and railing against "systemic injustice," he sure doesn't mind selling his soul (or his lawyer buddies' souls) in pursuit of the almighty dollar!!! <br /><br />This whole thing just stinks to high heaven! Some smooth talking, "snake oil selling" lawyer down there lobbying the legislature in Austin to "make whole" all of those poor "wrongly convicted" prisoners,----while at the same time he's cooking up some scheme to line his pockets (as well as his good ol' referral buddy at IPOT)at the expense of these noble "exhonerated" and Texas taxpayers!<br /><br />And then for Grits to chastise a young idealistic law school student about how things are in the "real world!" Grits is right, Dajonn, out here in the real world it's all about the "bottom line." Forget all that "pro bono" stuff they are selling you there in law school. It's all about "ambulance chasing," "contingency fees," and "schmoozing legislators" so you can squeeze in for your turn at the public trough!!!!<br /><br />I'm sorry, Grits. But no matter how much lipstick you want to put on this pig, at the end of the day it's still a pig and it still smells like one!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-66209089831284960062009-12-15T13:08:12.717-06:002009-12-15T13:08:12.717-06:00BTW, DeJonn, would you mind pointing me to the tex...BTW, DeJonn, would you mind pointing me to the text of this "natural law" you say is being violated? Presumably that's different from Texas' 2,383 felonies or all the other crimes on the books. I never went to law school so it'd help me to know exactly what is proscribed by "natural law" to guide my actions going forward. Even though I'm straight, I could be violating it in other respects. ;)Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-65142981087407653242009-12-15T12:52:58.634-06:002009-12-15T12:52:58.634-06:00DeJonn, I wish politics were as pure and untainted...DeJonn, I wish politics were as pure and untainted as they seem to teach 2Ls at Wesleyan. The fact is, "moral imperatives" do not pass legislation at the Texas capitol. You may wish it were true, but if wishes were horses, beggars would ride.<br /><br />I do not present a "false dichotomy" at all, I present you with the ACTUAL, real-world options facing those of us working for improved compensation at the Lege.<br /><br />Your argument that it'd be better to remain morally pure and have the clients receive less generous settlements amounts to throwing the exonerees' best financial interests under the bus out of envy and spite that some lawyer might get to make a large bank deposit.<br /><br />I guarantee if, in January, you'd asked the exonerees, including Mr. Phillps, this question - Would you rather get $X and have your lawyers get nothing or receive $3X and have your lawyers paid $X? - there's no doubt everybody would have said "Go for it, give me $3X." But nobody could know how things would turn out, so Glasheen couldn't guarantee that outcome. If the bill hadn't succeeded, he'd be preparing a bunch of federal civil rights case for trial right now. (That whole "contingency" thing.)<br /><br />For myself, having been there step by step when the bill was in play (and hardly a <i>fait accompli</i>), I'm comfortable with the decision to maximize benefits to exonerees even if it means a couple of lawyers get a one-time payday. That's because we simply wouldn't have gotten a compensation bill otherwise. It won't be an issue going forward, the exonerees got more money (an issue you inexplicably appear to devalue), and outside of complaints from a few naive purists who mostly didn't lift a finger to pass the bill, anyway, at the end of the day all's well that ends well.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-86279703050350197352009-12-15T10:53:58.043-06:002009-12-15T10:53:58.043-06:00The moral problem is the lawyer becoming a million...The moral problem is the lawyer becoming a millionaire several times over, off the exhonerated's case. Is that "just" just because other lawyers do it too? Is that 25% fair compensation or unjust enrichment?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-77041125204345305232009-12-15T10:45:37.105-06:002009-12-15T10:45:37.105-06:00Grits,
I'm self-aware enough to acknowledge s...Grits,<br /><br />I'm self-aware enough to acknowledge some situations will make practical application of ideals difficult to say the least.<br /><br />However, I see your two options as a false dichotomy.<br /><br />First, Texas had the moral imperative to update the woefully inadequate compensation offer the State provided pre-Cole. If the State fails to recognize this truth the exonorees do suffer, but forcing them to pay for redressibility is tantamount to bribery.<br /><br />I have nodded in agreement every time you've discussed the Timothy Cole Act and the importance of this move by our state legislature. But the exonorees should not have to pay to get their government to do the right thing. If Glasheen and his cohort were an indispensible part of this just action, the exonorees should not be the one's footing the bill.<br /><br />It violates natural law, and that is why this contract is different than any other legal contract an attorney might procure.DeJon Reddhttps://www.blogger.com/profile/05895402191814633197noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-5258655718818526902009-12-15T10:00:25.277-06:002009-12-15T10:00:25.277-06:00BTW, DeJonn, good for you for showing some cojones...BTW, DeJonn, good for you for showing some cojones and using your real name.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.com