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04/02/08
Lamos was representing J.B. "Pig" Parker in 1999 on capital charges for Parker's alleged role in a 1982 murder. Lamos faxed a motion to the prosecutor in the case, which started out with "dig dis" and then used "broken English" for the rest of it.
Here's a sample: "His posishun wuz rejected by de Flo'ida Supreme Court...He awaits 'esecushun. De state be dig itably distressed cuz de kicker be on da oda' foot. Man!"
This was apparently labeled Ebonics and was intended, according to Lamos, to be a jest. No word on what the prosecution thought of it, but the motion was never admitted or even submitted, apparently, to the court.
But Parker was sentenced to death eventually. Now, his current public defender is claiming that Lamos provided ineffective assistance of counsel, based on this motion among other things. The public defender tried to get the court to read the letter aloud, but the court just read it to itself and then moved on in the questioning.
Still, the question arises: should you use "joke motions"? As the case of Lamos shows, they can come back to bite you years later.
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