afitzy
Former Member
- Joined
- May 12, 2019
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Definitely wine of clock for you @lucegirl! So much hard and no about confusing work! Kudos!!!!Just some quick thoughts; my pen is out of ink for the evening; and, wine ‘o clock started 2 hours ago, for which I was on time (!).
Schoenhorn seems to be running plays out of the “Unguided Missile Legal Playbook; Criminal Defense Attorney Version” - especially the chapter on how to distract attention from reprehensible clients and abysmal facts. Then you need to refer to the annex of the playbook for the special circumstances - like Casey Anthony- who was at one time also was the most hated woman in America, or on the internet, or in the whole world (including middle earth). Anthony’s attorney - Jose Baez, was bafoonery personified - until tot-mom walked. Some of Baez’s spaghetti style worked in terms of confusing the jury into thinking there was reasonable doubt. I think Schoernhorn (can someone tell me how many n’s, h’s and vowels are in his name) samples this bombastic approach because his only strategy is causing confusing, taking sequential events out of order and disconnecting them; creating false equivalents; acting indignantly and talking in circular, nonsensical run on speaking objections while the jury is present until the judge hopefully stops him - what was this called - talking cross? But it did not work for him and his client. What were the other options?
Why no Brady? I wonder if it just took him a while to look at all the evidence he had because he was so busy manipulating the media, pandering to his client’s expansive orbit, and worrying about getting her ankle monitor into her ski boot. To be fair - I don’t know when the State produced the warrant affidavit covering the custody report. The date on the warrant is probably different from when the State produced it to the Defense. He may have had less time to hit his head on the obvious Brady issue. There was a late data dump by the State consisting of a lot of stuff at one point but I don’t know the timing. But still - a defense attorney’s brain should go right to Brady, and not to bullying the Chief Court Reporter for Family Count. A true head scratcher. Anger issues? Who knows.
Why did it get so extremely personal with him with the Family Court? You’ve got me there. IMO - he escalated things so disproportionately at the expense of his client and reputation. Is he married? Does he have kids? Does he have a dog? SUV or pickup truck? Was he raised by wolves? He exhibits a lot of e head-scratching unhinged behavior that interferes with his representation of his client IMO. And blazing that trail of destruction through all those courtrooms. It’s not professional. There are clients who seek out this variety of lawyer; so it’s hard for me to say whether this is how he is, or if he morphed into this oddity.
I think the name is SCHOENHORN but prefer Horn!
Thanks for all of this! Puzzling out the inexplicable or chaotic is hard as we have been watching Horn for over 4 years now and most of this time has been spent scratching our heads so reading your take on things is so helpful!
Alot of words, threats, insinuations, tap-dancing and smoke from Horn but little in the way of substance imo could ever be seen. I'll never forget watching him in action early on in the pretrial period and thinking how could anyone think that preaching at a Judge or endless complaining would ever work on behalf of a client? He seems to simply like to hear his own voice and rarely seems to pay too much attention to witness on the stand and instead moves into 'testimony cross' mode where the witness becomes simply confused because there was never a question asked in sometimes 10 mins of Horn Horning! I've never seen anything like it. Even Pattis on cross made sure that the witness knew what the question was!
How many years did we spend listening to Horn Horning about 'all the errors in the AA's? Way too long. But, we never heard the substance of what precisely his issues were. Nope. Horn tried to throw Judge Blawie under the bus for signing the warrants and even roped in Judge White at some point as well iirc on the issue as well but he never defined precisely what he meant as the goal so far as I can tell was to disparage LE in the Media to play on the BLM news of the day at the time. It was quite chaotic imo and never seemed strategic but it also never seemed to be tied back to verifiable facts. Turns out Horns fixation on the AAs was mainly the 30 stops/30 bags early in the investigation misinformation that Det. Kimball addressed in the MT trial iirc rather than a long line of other errors. IDK, given that the AAs for FD and MT were quite long (over 30 pages each iirc) and the investigation was clearly ongoing and fluid, the fact that the stop count and bag count on Albany was the 'big error' its hard to take this line of Horn Horning at all seriously especially given the brilliance of the C4 video that made it clear that FD and MT were dropping off bags but also that they were off of camera for a period of time while doing so as well. But, I lost count of the number of pretrial hearing Horn had Det. Kimball hauled into to discuss this and all of his other 'non issue issues'. I give Det. Kimball credit for standing up to non stop abuse from Horn for over 4 years because imo the abuse was real and relentless. I also give the States Attys that worked on the MT case credit for patience but I will never for the life of me understand why they didn't play hardball sooner to stop the Horn insanity. It was clear the Horn was rarely prepared and frankly it wouldn't have taken all that much to call him on his lack of preparedness imo Baffling.
I had to put myself on a personal time out with a good portion of the pretrial motion activity as so little of the work actually done by Horn seemed constructive and in the best interests of his client. What struck me is that Horn Horned on for ages about the State not handing over evidence and then once they did get it all to him, I'm not totally certain he read it or processed it. He seemed over his head on the forensic evidence, security camera technology, and who can forget the cell tower 'testimony cross'. MT was fixated on removing the bracelet and so IDK how many times Horn tried to have it removed and each time the Court was treated to pictures and descriptions of the issues. It was wild. Then MT had her artist friend produce the nudes of her wearing the bracelet and talking about it as a device of torture and torment. This went on for way too long imo.
I think the 'spaghetti' phrase you use captures so much of what was seen both pre trial and in the trial as Horn just kept Horning and was simply playing the odds that something might stick. Having the MT cell phone kicked I think was more of a spaghetti move that got lucky as the research librarians that I asked to help me understand the lack of exigent circumstances that Judge R allegedly saw very much struggled with the Horn cites and argument absent the unfortunate search warrant issue. Not being an attorney I can't speak to what these research folks saw in the cites, but putting myself in the shoes of the police officers on the ground at 4JX the circumstances at that times seemed to tick all the required boxes that define exigent imo. But, the CSP fumble on the issue of the search warrant was real and I believe it might have been connected to their byzantine organisation structure and the overall size of the investigation team where the right simply didn't know what the left was doing at that moment in time. But, for the officer in charge at 4JX to have allegedly not read the search warrant (iirc this was the alleged issue) seems inexcusable but with everything else that was going on, I can see this being a sad operational reality amidst chaos at the time.
I think what bothered me so much about Horn was the fact that he simply seemed to waste inordinate about of Court time and resources in a way I found to be absolutely indiscriminate. The CT judiciary is small, Judges are few, States Attorney Office is grossly understaffed and COVID threw a bomb at an already backlogged schedule. But, Horn seemed to want to delay (or his client demanded that he delay) so in this regard he was successful for his client as she was able to be in CO with her daughter for 4 precious years after being charged.
Enjoy your wine and weekend!
MOO