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Rhode Island Bar Journal, 115 Cedar Street, 3 the Tragedy of Wrongful Convictions Providence, RI 02903, (401) 421-5740

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Rhode Island Bar Journal, 115 Cedar Street, 3 the Tragedy of Wrongful Convictions Providence, RI 02903, (401) 421-5740 Rhod e Isl and Bar Journal Rhode Island Bar Association Volume 61. Number 3. November/December 2 012 Supreme Court Narrows Theft of Honest Services Attorney-Client Relationship in Trust Matters Medical Affidavit Update The Holistic Lawyer Book Review: Killer Show Y H P A R G O T O RHODE I SLAND H P Bar Association N O S 1898 N Rhode Island Bar Association A H A President Michael R. McElroy E R D N met with U.S. Supreme Court A Associate Justice Samuel A. Alito, RHODE ISLAND BAR ASSOCIATION Jr. during Justice Alito’s visit to LAWYER’S PLEDGE As a member of the Rhode Island Bar Association, I pledge the Roger Williams University to conduct myself in a manner that will reflect honor upon School of Law. the legal profession. I will treat all partici pants in the legal process with civility. In every aspect of my practice, I will be honest, courteous and fair. Articles Editor In Chief , David N. Bazar Editor , Frederick D. Massie 5 U.S. Supreme Court Narrows Theft of Honest Services Crimes Assistant Editor , Kathleen M. Bridge Editorial Board Jay S. Goodman, Esq. Victoria M. Almeida, Esq. Peter A. Carvelli, Esq. 9 Establishing and Protecting the Attorney-Client Relationship Jerry Cohen, Esq. in Trust Matters Eric D. Correira, Esq. Eric D. Correira, Esq. Matthew Louis Fabisch, Esq. Jay S. Goodman, Esq. Jennifer Wims Hashway, Esq. 15 BOOK REVIEW – Killer Show Marcia McGair Ippolito, Esq. Anthony F. Cottone, Esq. Dianne L. Izzo, Esq. Ernest G. Mayo, Esq. 23 Lunch with Legends: Trailblazers, Trendsetters and Treasures Keven A. McKenna, Esq. Elizabeth R. Merritt, Esq. of the Rhode Island Bar John T. Mulcahy, Esq. Matthew R. Plain, Esq. and Elizabeth R. Merritt, Esq. Matthew R. Plain, Esq. Kevin N Rolando, Esq. 25 Medical Affidavit Update Miriam A. Ross, Esq. Jonathan L. Stanzler, Esq. Peter J. Comerford, Esq. Hon. Brian P. Stern Elliot Taubman, Esq. 31 Commentary: The Holistic Lawyer Timothy C. Twardowski, Esq. Laura M. Krohn, Esq. Harris K. Weiner, Esq. Christopher Wildenhain, Esq. 33 Chicago Style – American Bar Association Delegate Report: ABA Annual Meeting Executive Director , Helen Desmond McDonald Robert D. Oster, Esq. Association Officers Michael R. McElroy President J. Robert Weisberger, Jr., President-Elect Bruce W. McIntyre , Treasurer Melissa E. Darigan, Secretary Features Direct advertising inquiries to the Editor, Frederick D. Massie, Rhode Island Bar Journal, 115 Cedar Street, 3 The Tragedy of Wrongful Convictions Providence, RI 02903, (401) 421-5740. USPS (464-680) ISSN 1079-9230 4 Letter To The Editor Rhode Island Bar Journal is published bimonthly by President McElroy’s Approach the Rhode Island Bar Association, 115 Cedar Street, to Law School Reform Providence, RI 02903. PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 14 Use OAR Today and Pull Together as a Team! Subscription: $30 per year Postmaster 21 Continuing Legal Education Send Address Correction to Rhode Island Bar 30 In Memoriam Journal, 115 Cedar Street, Providence, RI 02903 32 Lawyers on the Move www.ribar.com 39 Advertiser Index Front Cover Photograph Cogswell Tower in Jenks Park, Central Falls, by Brian McDonald XX% Certno. XXX-XXX-000 The Tragedy of Wrongful Convictions We expect our justice system will not convict prisoner. It is an incredible story of human innocent people. But it does. And this is a terri - suffering and injustice. It is based on Alexander ble tragedy. The horror of being wrongfully con - Solzhenitsyn’s first-hand experience, as he was victed and jailed is an embarrassing indictment of imprisoned in the Gulag from 1945 to 1953 our imperfect criminal justice system. The lives for writing derogatory comments about Joseph of those convicted and their families are ruined. Stalin. Solzhenitsyn won the Nobel Prize in A movie that has stayed with me for almost Literature in 1970. 40 years is Titicut Follies . This documentary was According to the National Registry of made in 1967 by a lawyer-filmaker from Boston. Exonerations, there have been 891 exonerations It portrays the patient-inmates at the Bridgewater in the U.S. since 1989. Since 2000, an average State Hospital for the criminally insane in of one person a week has been exonerated. In Michael R. McElroy, Esq. Massachusetts. Some of the occupants were held addition, 1,170 convictions were dismissed in 13 President in unlit cells, were virtually catatonic, and were group exonerations following the discovery of Rhode Island Bar Association continually abused in unspeakable ways. major police scandals. Therefore, there have been In 1968, the Massachusetts Superior Court over 2,000 exonerations since 1989. ordered all copies of the film destroyed. In 1969, As a group, the average sentence served by the Supreme Judicial Court allowed it to be those exonerated is over 11 years. Of the indi vid - shown, but only to doctors, lawyers, judges, ual exonerations studied, 418 were homicides and health care professionals, social workers, and 101 innocent people had been sentenced to death. students in these fields. As a law student at This is America. We need to do better than that! Boston University, I viewed it in 1975. Unfortunately, a Washington Post report pub - In 1991, the film was finally allowed to be lished in April disclosed that hundreds of defen - released to the public. If you have the opportuni - dants are in prison or on parole for crimes in ty to see it, I strongly encourage you to do so. which FBI hair and fiber experts may have I first saw the movie After Innocence at the wrongly identified them as suspects. The Justice Better that ten Cable Car Cinema in Providence shortly after it Department is joining with the FBI to review guilty persons was made in 2005. This is a film about men who these cases to determine whether flawed hair and were exonerated after wrongful murder convic - fiber evidence tainted the convictions. escape than that tions, including Scott Hornoff from Rhode Island. According to the National Registry of one innocent After the screening, a number of those in the Exoner ations, the most common causes of film, including Scott Hornoff, had the courage wrongful convictions are perjury/false accusa - suffer. to speak to the audience about their harrowing tion, mistaken eye witness identification, official English Jurist experiences. This is a powerful film for those misconduct, false or misleading evidence, and William Blackstone, who believe in justice. false confessions. For the 1,170 exonerations due Commentaries on the Laws Another film about a wrongful murder con - to the 13 major police scandals, officers fabricat - of England (1765-1769 ) viction is the movie Conviction . It has a strong ed crimes, usually by planting drugs or guns on Rhode Island connection. Betty Anne Waters went innocent defendants. Injustice anywhere to school for years, including the Roger Williams I admire and respect the police, prosecutors is a threat to jus - University School of Law, so she could help free and the defense lawyers who work hard every her brother from jail. Working with attorney day in this difficult area. But, I also admire those tice everywhere. Barry Scheck’s Innocence Project, Betty Anne who have exposed the tragedies of the criminal persisted and was eventually successful in getting justice system. Dr. Martin Luther King, Letter from a Birmingham Jail her brother freed based on DNA evidence proving I don’t know the solution to this problem but, (1963) her brother had been wrongfully convicted. This in my opinion, the best place to start is to sup - is a moving and compelling story of a lawyer’s port adequate funding of our court system. As persistence and a broken criminal justice system. the American Bar Association has stated in its Like the Titicut Follies , the book One Day fight to obtain adequate funding for courts in the Life of Ivan Denisovich , by Alexander throughout the country, “No Courts – No Justice Solzhenitsyn, has stayed with me since my first – No Freedom.” To quote Dr. King, we need to reading. The story is set in a Soviet Gulag and “let freedom ring,” so all those who have been describes one day in the life of an innocent wrongfully convicted will be “free at last.” O Rhode Island Bar Journal November/December 2012 3 RHODE ISLAND BAR JOURNAL LETTER TO THE EDITOR Editorial Statement The Rhode Island Bar Journal is the Rhode Island President McElroy’s Approach Bar Association’s official magazine for Rhode Island attorneys, judges and others interested in Rhode Island to Law School Reform law. The Bar Journal is a paid, subscription magazine published bi-monthly, six times annually and sent to, among others, all practicing attorneys and sitting judges, I would like to comment on this month’s [ Rhode Island Bar Journal , in Rhode Island. This constitutes an audience of over September/October 2012] article by President Michael McElroy entitled, First 6,000 individuals. Covering issues of relevance and pro - Thing We Do, Let’s Kill All the Law Schools . I thought that the article was well- viding updates on events, programs and meetings, the Rhode Island Bar Journal is a magazine that is read on written and well thought out, and I am wondering what the bar can do to move arrival and, most often, kept for future reference. The forward the ideas mentioned in Mr. McElroy’s article. Thank you and Mr. Bar Journal publishes scholarly discourses, commen - McElroy for such quality content in the Bar Journal . tary on the law and Bar activities, and articles on the administration of justice. While the Journal is a serious David L. Yavner, Esq. magazine, our articles are not dull or somber. We strive to publish a topical, thought-provoking magazine that addresses issues of interest to significant segments of the Bar.
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