Let’s be clear:
There exists no legal strategy to explain or support a defense attorney’s decision to say her client is guilty in opening statements and those who say otherwise are being disingenuous.
End of story.
One does not need a law degree to know this is so. One only needs common sense and a fair share of integrity. Judy Clarke apparently is lacking in both.
I am not.
Like the Grinch who stole Christmas, many of us have “puzzled and puzzed til our puzzlers were sore” trying, without success, to understand Judy Clarke’s strategy on that first day in court.
And we are not the only ones questioning it. I shared the following observation as part of a comment I left on Gumshoe News; it is worth repeating now:
A group of legal experts were gathered on CNN to discuss the first day of the trial. The interviewer asked their opinion about Clarke’s decision to say “It was him” in opening statements. Did she make the right decision to say that?
Now remember, these are legal experts …
Their answers that day are unimportant. In fact, I do not remember a single one. All I know is, to a man, they all defended her decision to throw Dzhokhar and indeed any hope of actually defending him under the proverbial bus.
What I found so incredible was what I saw in their body language and in the looks on their faces as they listened to the question and listened to one another answering it: discomfort, a knowing that this should never have been said, in opening statements or elsewhere during the trial, by any defense attorney worth her salt.
They knew, and nothing but nothing on this earth was going to make them acknowledge that knowing.
It doesn’t matter however. The question is now that the words have been said and a new trial is being fought for, how do they overcome their own admission of his guilt? How to explain that the accused himself chose to admit responsibility after it was too late for his words to change the outcome?
There is only one way:
The real guilty parties must be found and brought to trial.
When those who made the bombs, recruited the Tsarnaevs to take part in a drill, then planned and directed a live event to blame on and hopefully end the brothers are exposed by the hand of an Almighty God who the Bible says “knows the end from the beginning” someone will have a lot of explaining to do to the American people and especially to the victims and the people of Boston directly affected by this tragedy.
And what could ever be said to make up for the pain, suffering, loss and persecution that has been visited upon the Tsarnaev family? I can not begin to imagine but to entrust them to an Almighty God who is the source of all healing and comfort.
“And there is no creature hidden from His sight, but all things are open and laid bare to the eyes of Him with whom we have to do.” Hebrews 4:13
It is my hope and prayer that the fear of God will begin to take hold of the guilty and they, in their panic, will start turning on and exposing one another in an attempt to cut a deal with man – and Him with whom we have to do.
By the time many of them realize God’s supernatural involvement in the affairs of men, it will be too late. God has caused the once-united to turn on each other, resulting in defeat and destruction – of whole armies in some cases. And if he did it before, He can do it again!
Whatever His plan is, you can be assured it will include a day when Dzhokhar Tsarnaev is exonerated and released.
Until that day comes, we will continue to discuss and expose the many photographs, videos, changes in testimony and various facts that, had they been taken together and actually presented at trial, could have produced a mountain of reasonable doubt in the minds of even the most biased jury.
Notwithstanding the defense team’s dismal, perhaps even criminal performance the first time around, one day Dzhokhar, like David of Biblical times, will be able to say:
“He rescued me from my powerful enemies, from those who hated me and were too strong for me.” Psalm 18:17
I know some who read my blog wish I would abandon the “God stuff” and stick to analysis of the crime and trial but without the prophetic vision God has put within me, I am just another person with an opinion.
Psalm 40:10 says “I do not hide Your righteousness in my heart; I speak of Your faithfulness and Your saving help. I do not conceal Your love and Your faithfulness from the great assembly.”
This is my prayer for Dzhokhar today. I hope it will be yours as well:
“May all who want to take his life be put to shame and confusion; may all who desire his ruin be turned back in disgrace. May those who say to us ‘Aha! Aha!’ be appalled at their own shame.”
“But may all who seek You rejoice and be glad in You; may those who long for Your saving help always say ‘the Lord is great!’” Psalm 40:14 – 16
“The Lord is great…” or as Muslims say it “Allahu Akbar!”
Somehow, I like including that today. But back to my original question in this post:
Would you hire this woman, Judy Clarke, to defend you?
I wouldn’t recommend her if my life depended on it. After all, his did.