Yankee23Fan said:
It's had to. The average length of time to get to trial in New York for capital murder is years and while it's clearly not been years, it's had to have been at least several months.
Right. I didn't enjoy last night's episode as much as the others because there were some pretty glaring continuity issues. Again, I hold this show in relative high regard because it seems to be trying to be somewhat realistic. As such, I'd point out the following:
1. Yeah they've had an IA, an Arraignment, multiple meetings with the officers and prosecutors, a change of counsel, another quasi-change of counsel, a change of plea hearing (talking about least 14-30 days just to get one of those set), they've visited the scene, etc. As somebody who has worked and is working murder cases, these events would take several months. If we're to believe it's been 10ish or so days since Stone got the cat, that's just impossible.
2. Nit-picky, but it bothers me that they keep putting him in "DOC" garb. Unless NY is different and I'm just not aware of it ("My Cousin Vinnie" -- the most accurate legal movie/show of all time -- explained it well as to why they went to DOC), the "Department of Corrections" is where convicted felons sentenced to prison are housed. Nas hasn't been convicted and would most likely be awaiting trial/disposition in a higher security pod at the local jail. The irony is that many defendants actually prefer prison to jail (more freedoms, less stress/tension from people awaiting trial who aren't familiar with the unwritten rules of incarceration, etc.), but, again, Nas wouldn't be in prison and his jail jumpsuit should have something like, "pre-sentence" written on the back.
3. The Stone character is getting ridiculously unrealistic. While I absolutely appreciated his demure jail visit, night court, and early morning court from episode one, his character is turning into one that should be found on Law and Order: SVU for several reasons. First, he has no office and, apparently, no other real cases. For a guy who apparently can afford multiple advertisements in a big city (for comparison lower level magazine ads in Phoenix run around 60k/year), there's simply no way he'd be afloat without a significant number of other clients and only making the 50k or whatever the female attorney said he made (I also have no idea how she'd know that). While the 60% actual collection rate for his business model is actually realistic, really nothing else about the business side of his practice is. He'd likely have an office (at least a virtual office to meet with clients) and probably one staff member. Second, I've not seen him draft a single pleading, check a single email, or return one damn phone call. That's like half the job. Third, his character makes it seem like it's the norm for defense attorneys to actively investigate and interview witnesses. While there may be some exceptions, this just isn't the case. The reason it's not the case, and it has nothing to do with laziness or an unwillingness to investigate, is that lawyers cannot testify at trial. So, investigators are needed to do these types of things so that they can testify to things observed and discovered while investigating the case and provide for much cleaner impeachment (i.e. bringing out an otherwise inadmissible hearsay statement that's a prior statement of a witness that directly contradicts the proffered testimony of a witness at trial). In short, I think I can speak for the majority of defense attorneys when I say that I've never run down a witness nor do I ever plan to (although I have been chased by a victim and his buddies in an alley once).
I did appreciate a couple of the scenes, though. Stone's comments and reaction to Nas hiding the drugs are likely how I think most defense attorneys would have handled that situation. I also liked Nas shaving his head, because, for some reason, an oddly high rate of defendants seem to do this against advice of counsel. Finally, I think the way the show got Stone back on the case was about as realistic as that whole unlikely scenario would be.