Justice Denied or Attorney Theatrics
A very well known attorney, Alan Dershowitz, recently filed an appeal in the New York State Appeals Court, claiming that the Queens Supreme Court Justice (trial court judge) abused his discretion by rushing the defense attorney‘s closing arguments.
The New York Post reports that Dershowitz, who is representing Mazultov Borukhova, in an appeal of a 2009 conviction in a murder for hire scheme which resulted in the death of Daniel Malak.
According the the appellate arguments, Borukhova, who was convicted of hiring a relative to murder her husband, was denied a fair trial, because the trial judge wanted to complete the trial in order to be on time for his vacation plans. However, the prosecution claims that the defense attorney delivered a “beautiful” two hour closing argument, but the evidence against Borukhova was just too overwhelming.
Judge Shortens Trial Time to Preserve Vacation Plans
There apparently is no dispute that the trial court judge cut the trial time and denied a defense attorney request to extend closing arguments another day because his vacation was scheduled to begin. But, did the judge abuse his discretion? Should the trial have trumped all other plans, as the defense now claims? Bercowitz claims that the defense lawyer was denied an opportunity to properly prepare for his closing arguments. Was it justice denied, or is this a case of attorney theatrics in a desperate attempt on appeal?
How Long Should a Defense Attorney be Given to Prepare and Deliver Closing Arguments
A criminal defense attorney typically prepares for closing arguments well in advance of the trial. As the criminal trial proceeds the lawyer may need to revise his closing. But, should the judge have allowed the defense attorney additional time to prepare? A two hour closing is longer than average, but was it properly prepared? The trial court in most states is afforded broad discretion, especially in areas such as trial time allotted for closing statements. After all, the jury is charged with weighing the evidence presented. The summation is not evidence, but an opportunity for each side to sway and convince the jury how it should weigh the evidence.
In this case the appellate argument is primarily focused on the fact that the judge had vacation plans. That it why this case has gotten so much attention. But, what if the judge had made the same decision because another trial was scheduled?
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