Trying to make everyone happy is what got a man with 37 cases convicted of assault probation instead of prison

Motion for a new trial and sentencing for Wayne Graham was continued by Judge Lawrence Killoran to June 12.

Motion for new trial was denied. Finally,  Graham was sentenced but instead of a prison sentence, he got three years of formal supervision and court order medication and counseling. Graham was sentenced to 365 days in jail with one day suspended for structured release to the "probation department or their designee." Medication and counseling was ordered with "at least 10 anger management sessions."

Mr. Russ Clanton is Graham's current attorney. Deputy District Attorney Tobias Hasler is the prosecutor for this case.

Graham has 37 cases in the system. In his latest case, he went through three attorneys before Mr. Clanton. Mr. Joe Judge handled his preliminary hearing. Ms. Andrea Sullivan his jury trial.

If you haven't been following the coverage, the gist is Graham is an idiot, a difficult client and almost blew the deal Judge Killoran gave him at sentencing. He went against Ms. Sullivan's advice during the jury trial, testified on the stand and confessed to the assault and was convicted. Ms. Sullivan was relieved as Graham's counsel in February 2020 after her declaration.

Graham was out of custody for the trial but was remanded after a jury convicted him of assault.

Mr. Hasler said two doctors examined Graham. "They were not present during the trial. You cannot look back retroactively and say someone was not competent to stand trial. He chose to act on his own. He chose to take the stand. against advice of his counsel. His counsel cannot refuse him choosing to testify."

Regarding this sudden onset of Graham notbeing competent to stand trial, Judge Killoran said,  "Mr. Joe Judge proceeded through trial without incident."

Mr. Clanton's sole role has been to delay sentencing.

Dr. Williams and Dr. Wilson examined Graham. Dr. Williams is Mr. Clanton's recent expert of choice. Mr. Clanton has challenged Dr. Wilson lately when she found clients competent to stand trial. However, in this instance, he was all praise for her since it suited him and his client.

That and the impact of the pandemic on courts benefitted Graham.  Judge Killoran did not agree with Mr. Clanton throwing Ms. Sullivan under the bus and using ineffective assistance of counsel as a reason for new trial. Judge Killoran presided over Graham's trial.

"I reviewed Ms. Sullivan's declaration," said Judge Killoran. "The defendant had a personality problem rather than a 1368 problem. Ms. Sullivan said it was a close call regarding 1368."

Judge Killoran said, " I found Ms. Sullivan's performance with a difficult client one of reasonable competence."

"At each stage, Mr. Graham had competent counsel, two before Ms. Sullivan," said Judge Killoran. "I have my own observations through trial. The fact is that defendant is disruptive and recalcitrant."

"Mr. Graham understood the nature of the proceeding; who I was; who Mr. Hasler was; who Ms. Sullivan was. Mr. Graham, although contentious, did assist Ms. Sullivan."

"I don't find a new trial is appropriate," said Judge Killoran. "Motion is denied."

Before his sentencing, Judge Killoran said he was trying to make everyone happy.

Mr. Clanton's lousy record for his clients like Michael Franco, Kailan Meserve, Timothy Littlefield and so many others vs Ms. Sullivan's record for her clients is not even worth comparing. She puts a 100 per cent and more for every client. She is professional. Ms. Sullivan practices in several counties and is respected by her colleagues and Judges.

Mr. Clanton's remark about being a mental health advocate made me roll my eyes. That is just his latest strategy with every client.

Mr. Clanton is a talker and people fall for it. If you are going to pay that kind of money, there are many other local criminal defense attorneys  you can hire whether they advertise with me or not. The difference in me referring you to an attorney and an ad elsewhere is six years of knowing their record and covering them daily in court. I know information that other media doesn't about attorneys and businesses because of my work and involvement in the community prior to starting this blog.

The reference part is not just for court coverage and attorneys. People call me all the time to ask who I should recommend as a lawyer or for business and they do listen to me because they trust me.

Previous posts:
https://johnchiv.blogspot.com/2020/06/another-hearing-on-wayne-grahams.html?m=1#more

https://johnchiv.blogspot.com/2020/06/another-hearing-on-wayne-grahams.html?m=1

https://johnchiv.blogspot.com/2020/05/mr-graham-i-asked-you-not-to-talk.html?m=1

https://johnchiv.blogspot.com/2020/05/graham-please-be-quiet.html?m=1

https://johnchiv.blogspot.com/2020/05/jail-beds-are-premium-right-now-and.html?m=1

https://johnchiv.blogspot.com/2020/04/we-are-operating-under-constraints-of.html?m=1

https://johnchiv.blogspot.com/2020/03/with-37-cases-in-court-system-wayne.html?m=1

https://johnchiv.blogspot.com/2020/01/man-with-37-cases-found-guilty-of.html?m=1