Memorable Moments as a Criminal Defense Attorney

One of my favorite trial experiences occurred in South Bend years ago. My friend Steve Allen and I had co-defendants accused of transporting vehicles containing marijuana from Mexico.

Both Steve, known as Dirty, and I had long hair and beards, and the Judge was not pleased with our appearance. He greeted us with sarcastic responses from the time we walked into Court.

From the beginning of jury selection, we were worried about jurors hiding personal drug prejudices. Given that the Judge was questioning the jurors, one responded that she lived in Pulaski County . At that time Dirty grabbed me and whispered, “Ask the Judge to ask her if she is a member of “The Pot Picking Posse of Pulaski County”.

After asking Dirty if he had gone temporarily insane, I decided to approach the Judge and ask him to make that inquiry. The Judge quickly exploded, threatening to hold us in contempt while ordering us to return to our table.

However, magic happened. As the Judge asked her if she was familiar with the “Pot Picking Posse” term, she responded with pride that she was a member! She elaborated that every year she and others would go down country roads and pick and burn any marijuana that was growing wild along the road.

After asserting that marijuana growers should be executed, the Judge was then forced to grant our motion to excuse her. A three-day trial ended in a hung jury. For reasons that I won’t explain, all charges against our clients were later dismissed.

Without question, the Pot Picking Posse of Pulaski County saved our clients from prison. Another day in Hammerle’s Twilight Zone.