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Perhaps I Should Have Seen This Coming

I am, as many of you know, a criminal defense attorney (and a divorce attorney, and a juvenile attorney, etc., etc.; general practitioners do a lot of things).  The vast majority of criminals and other people who need defense attorneys are not malicious thugs.  Most of them are just stupid, or temporarily stupid, and mean no actual harm to anyone.  You don't necessarily want to be good buddies with most of them, unless you like having lots of drama in your life, but for the most part the people who occupy our jails and prisons are better described a "ignorant" than "mean".  

This is not to say that there aren't exceptions.  There are plenty of genuinely malevolent people in this world, but even in the world of criminal defense, these people are fairly rare.

Which brings us to the case of the State of Tennessee vs. Mike Edwards, Nu'Keese Richardson, and Janzen Jackson.  It appears that new details have emerged in the alleged armed robbery, and these new details seem to paint the whole affair as more "childish prank" of the unfathomably stupid variety rather than "gangland robbery" of the dangerous variety.  

This does not excuse this type of behavior.  Indeed, people will sometimes get gravely hurt in situations in which no one was ever meant to get hurt.  It puts the whole situation in context.  In reading this account, one wonders if the football player who held the gun even intended it to be an actual robbery, or if he was just playing a late-teenage version of Cops And Robbers without realizing that if you do that at night at a convenience store, not everyone will realize you're playing a game.

Indeed the individuals who were probably in the most actual danger were the players themselves.

Then there is the story of Janzen Jackson, who witnesses say was actually in the store while the pellet gun was being waved around outside, and may not have even known what the other player was up to.  That would make him possibly only "guilty by association" which in legal terms is another way of saying "not guilty."

You would be amazed how many people do something that ends up with them sitting in jail, without ever realizing or intending for their actions to be so serious.  

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I read the story

you linked and it still read like stupid, wannabe thug, armed robbery – which the stoned idiot driver of the get away car thought was funny. No doubt they will try to spin it, especially since the victims are big Vols fans and will willingly go along with whatever it takes to lessen the blow but if any of these kids ever dons a UT jersey then LK can NEVER talk about discipline again in his life.

If these punks aren’t kicked of the team by Kiffin then Slive better do it.

And I still don’t see how they don’t do jail time….

GEAUX TIGERS!!!

by SouthernMan on Nov 13, 2009 7:17 AM CST reply actions  

If they are not kicked off the team, UT’s reputation will be in the sewer. If I recall correctly, last summer they accepted a recruit who was convicted of rape as a juvenile. What’s the limit on the number of players with criminal backgrounds that can be on the roster before the whole program suffers a total collapse of its reputation?

[Cue Poseur to insert comment about Nebraska in mid-90s here.]

by uberschuck on Nov 13, 2009 10:19 AM CST up reply actions  

Who is that tiny guy with the red shirt in the bottom right of the photo?

by no brainer on Nov 13, 2009 7:23 AM CST reply actions  

as a former newspaper journalist who had to cover a lot of the same crimes, richard

your observations about the “criminal class” is epically on the mark.

Roll 'Bama Roll: The Champagne of 'Bama Blogs.

by kleph on Nov 13, 2009 7:25 AM CST reply actions  

Problematic no matter how you slice it

I know you’re coming at this post from the criminal attorney perspective, and I imagine the players’ attorneys may follow a similar path. And given the victim’s attitude, I can’t see the three of them going down on full armed robbery charges.

But don’t forget that in the case of Jackson and Richardson you’re talking about guys who have already been in trouble with the program. The judgment that puts you out at 2 a.m. on a Wednesday of game week with a pot-toting woman, “gun” in the car, etc. after you’ve just come off suspension is pretty poor, and taking it from that to going up and pointing the gun in somebody’s face is just amazingly poor judgment.

Richardson and Edwards are in completely indefensible positions. To think you can take the action of pointing a gun at somebody’s head and demanding money and still enjoy the privilege of playing for Tennessee is beyond reason. Jackson can probably be saved given his apparent indirect role in all this. But just the fact that he would be out in this situation after serving a game suspension should be enough to keep him off the field for the rest of this season. For him it should be the loss of playing privilege for this season and getting him into Blount Mode, where he can demonstrate his willingness to do the work of school and football without the glory and see if he has the character to come out the other side and be a part of the team again.

Whether Jackson did such work or just bailed out for a fresh start would be the real indicator of his character.

by Cap'n Ken on Nov 13, 2009 7:34 AM CST reply actions  

I vote for thugs...

What if the victims had actually had any cash on them? Then what? Would the robbers have said nah keep it, were just playin’.

by Tiger6367 on Nov 13, 2009 8:21 AM CST up reply actions  

thugs is a pretty broad label

honestly nineteen year old kids without a real weapon driving around in a girls car possibly trying to impress her/their friends/whomever doesn’t sound like an episode of gangland to me

just sounds like stupid nineteen year old kids

Terrence Cody eats your field goal!

by Wallacewade04 on Nov 13, 2009 12:54 PM CST up reply actions  

I would say they are actually wannabe thugs

Why pellet guns? Kiffen and Orgeron need to loosen up the purse strings so these guys can afford real guns.

by NOPE on Nov 13, 2009 8:24 AM CST reply actions  

I don't know Pittman
In reading this account, one wonders if the football player who held the gun even intended it to be an actual robbery, or if he was just playing a late-teenage version of Cops And Robbers without realizing that if you do that at night at a convenience store, not everyone will realize you’re playing a game.

For full disclosure, Richard, I have to tell you that I prosecute for a living. I’ve probably heard the above statement, or one similar to it, about a million times at sentencings, so maybe I’m just a little callous. My point of view? It takes more than a “stupid decision” to “pretend” to put someone’s life in danger. If you’ve never been robbed, you probably can’t understand. This ain’t the wild west.

Now, as for Jackson, I agree with your assesment that the case does sounds spotty. I guess we’ll wait and see how his case is handled.

by HarveyBirdmanAAL on Nov 13, 2009 8:36 AM CST reply actions  

I sometimes prosecute for a municipality as well..

and I know that “stupid” is not a complete defense to most charges. however, it can put things into context, and “stupid” is a lot better for a defendant than “vicious”.

Father. Husband. Lawyer. Nerd.

And The Valley Shook

by Richard Pittman on Nov 13, 2009 8:54 AM CST up reply actions  

My extensive experience with criminal law consists of interning at the DA’s office during law school. And if we decided not to prosecute people because they were stupid not vicious, we would have hardly prosecuted anyone.

"I’m a moron" isn’t really a defense. It might get you a reduced sentence, but it doesn’t really matter whether you committed the crime. Theft plus the threat of force (assault) equals robbery. Use a gun and we’re up to aggravated robbery. Stupid doesn’t change things.

Jackson seems like he has a great defense: I didn’t do it. Jackson displayed remarkably poor judgment, but he doesn’t seem like he actually committed a crime. While I think the other two are facing expulsion or even jail time, I think Jackson probably only deserves a game suspension for general stupidity.

Fake Pundit. Real Fan.
http://www.andthevalleyshook.com

by Poseur on Nov 13, 2009 9:09 AM CST up reply actions  

I agree with Richards general take on criminal defendants but

I also don’t see anything in this article to make it sound like a prank gone bad. (Full disclosure—-I too am lawyer, but patent law, so I long ago purged crimlaw from my brain.) Agreed about Jackson.

As for the gun toting men, when I was in college I was in a situation in N.O. where a couple of guys pulled up to us at a red light on Canal Street at about 5 am and waved a gun at us. I was a passenger in the car and had been drinking. I told the guy “nice gun” and those of us in our car started laughing. The guys look at each other and drove off. It was only later as we sat around playing pool at a bar uptown that we realized the gravity of the situation. The point in telling this story is (1) I am not going to criticize college kids,even football players, for being out at 2 am, (2) I have no idea why the guy showed us his gun or what he would have done if we had reacted differently but waving a gun to someone is always wrong…regardless of whether its a pellet gun or a 9mm, and (3) even though we laughed it off at the time, it was a life changing in that I became much more wary of being carjacked after that event. When you commit a crime, i.e., threaten someone with a gun, you must be punished. I don’t care if it was a prank or not…the victim cannot know your intentions and their life will be affected. How much punishment they should get is up to the legal system in TN. However, if these kids are found guilty, they really must lose their scholarships, and the ones with the gun should be completely booted from the team, if not the university.

by Displaced Tiger on Nov 13, 2009 9:22 AM CST reply actions  

My favorite Seinfeld character

“Do we have a chance? You get me one coffee drinker on that jury, you gonna walk outta there a rich man.”

CHAD JONES! WOOOO!!!!

by The Bengal on Nov 13, 2009 11:25 AM CST up reply actions  

Shelby924,

I was wondering the same thing.

I feel out of place among these highly educated members of society. I’m embarrased that I have nothing real to add to this conversation.

by Purpletiger006 on Nov 13, 2009 2:00 PM CST up reply actions  

You have to admit, this one is a bit more entertaining than most

A pellet gun as the holdup weapon, a Prius as the getaway car, an alledgedly stoned female getaway driver, and a victim who wouldn’t have turned them in if he’d known they were Tennessee football players. It reads like an episode of “My Name Is Earl.”

The result, though, is that between Interceptiongate and the new Knoxville Crime Syndicate, we’ve not really talked about the fact that Jarrett Lee is going to get his first start in a year, Russell Shepard may throw his first pass, and Stevan Ridley could have a big breakout game tomorrow night. The La Tech game has quietly developed some interesting aspects while all the rest of this stuff has been happening.

CHAD JONES! WOOOO!!!!

by The Bengal on Nov 13, 2009 5:23 PM CST up reply actions  

Excellent points..

perhaps we will have to get into them later.

Father. Husband. Lawyer. Nerd.

And The Valley Shook

by Richard Pittman on Nov 13, 2009 7:13 PM CST up reply actions  

If the guy did not really think he was being robbed

Why did he call the cops and tell them he got held up? UT money has been provided to this guy to change his tune.

by NOPE on Nov 13, 2009 10:50 AM CST reply actions  

The elephant in the room

I’m still left wondering why there’s a tiny man with a red shirt in this photo.

by no brainer on Nov 13, 2009 1:17 PM CST reply actions  

I wish I could help you.

That picture was taken the day before the Georgia game and looks to be from media interviews. He doesn’t look like any of the coaches. Besides, nobody one the staff ever wears non-UT colors when dealing with the team. It doesn’t look like any of the usual suspects from the athletic department either (e.g. Mike Hamilton or Bud Ford), and those pasty white calves suggest a reporter who normally wears slacks. I’d check the staff photons for GoVolsXtra (Knoxville News Sentinel’s sports wing).

by David Hooper on Nov 13, 2009 11:29 PM CST up reply actions  

Just read through your stuff on the Knoxville incident.

Good reads, for sure, and the courtesy extended to RTT by all of you was particularly appreciated.

Up here in Knox Vegas, the bones seem to say that Mike Edwards and Nu’Keese Richardson will be gone. Nobody knows about Janzen yet. I think everything for him hinges on his drug test (which I’m sure the university administered once he posted bail). But for JJ to be released on his own recognizance and to be represented by Bosch says a lot. The former came after the initial review of the incident, and only Jackson’s bond was reduced at all – much less to zero. The latter… Bosch is UT’s go-to attorney for players. He’s extremely well respected in the area and has a reputation for being very good, and he is usually only called on for tricky situations when the school really believes in a kid.

In the realm of pure speculation, I’d guess that JJ will sit the season and be back in the spring. He just had a whale of a scare and I think he’ll get a chance to show whether it was sufficient.

But out of the three of them, he clearly had the NFL in his future. My goodness, can he play.

by David Hooper on Nov 13, 2009 11:22 PM CST reply actions  

Can I say really stupid?

I spoke with a friend of mine from Knoxville today. He was telling me that at this store where these three guys did this at has an armed guard in the store 24 hours a day so there was no way they would have gotten away from it. Having lived in Knoxville a couple of years myself, I know where this store is and these guys must have been really messed up and whacked out or they are the dumbest guys ever.

It does bring a concern to me though as football when I came up stood for positive things in the community as people were following a better way of life by getting an education and a chance to play in the pros. Nowadays in both college and pros, it’s a never ending cycle to players doing negative things. As a society, this is not acceptable. When a player does break the law, they should get the same treatment any criminal should get instead of being slapped on the hand and being allowed to play college or pro sports. They are not above the rest of us and should be held accountable. As in the old days, people look up to the players and they have a responsibility to bring positive to their teams as well as their communities.

by dsrimages on Nov 15, 2009 2:29 AM CST reply actions  

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