austindefender

Criminal defense in Austin Texas.

Jailhouse lawyer

Posted By on October 29, 2009

Adam Reposa’s habeas writ to the Court of Criminal Appeals was rejected the other day.

Adam, btw, is the Austin criminal defense attorney who made a “simulated masturbatory gesture” in Court 6. Technically, it was aimed at the prosecutor, but the judge was not amused.

He was sentenced to 90 days.

The Court of Criminal Appeals is, of course, Texas’ court of Last Resort.  Although he does have other options, should Adam choose to pursue them.

Among other things, the court found that Adam’s hand gesture was “an intentionally disrespectful act serving no purpose but to insult the prosecutor,” and that despite the fact that the gesture was not directed at Judge Breland, it was nevertheless an “act of disrespect” and “an affront to the court.”

Here’s the transcript:

transcript

It’s hard to know what to think about this. On the one hand, you hate to see him go to jail, especially for something as stupid as this (I like Adam). On the other, it’s a little like seeing the guy who runs every stop sign finally get in a wreck. You’re like, “Dude, how did you not see this coming?”

(Keith Lauerman had this to say: “Reposa succeeded in rallying the Defense Bar against his behavior with sheer acts of defiance and arrogance… He made his bed and some would agree that it was time to sleep in it.”)

Judge Breland – perhaps one of the nicest people you will ever meet – said this:

transcript breland

The silver lining – so far as Adam is concerned – is that if he does go to jail, he’s likely to come out with more clients than he has now.  Plus, there’s nobody who’d be less affected by it.  “Water off a duck’s back” comes to mind.  (“Bulletproof” – maybe not.  But shameless & fearless – definitely.)

Still, ninety days is too much.  People who commit real crimes get less than that.


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