Friday, September 08, 2006

The Often Arrested



In addition to talking to people about the details of a crime, criminal defense invesigators must ask potential witnesses whether they have any criminal convictions. You can never assume that some one's record is clean because they seem like a law abiding citizen, nor can you assume it's dirty because they live in a high crime area. And it's not always as easy as going down to the courthouse and looking for yourself, as people can have records in another county or state, or under another name. Sometimes this line of questioning can be awkward, especially to people who have no record and are offended by the implication. Most of the time, people with records are happy to talk to you about it, perhaps too much so.

As a young investigator, I once made the mistake of not asking a witness that I subpoened to court about his record. I found him the morning he was needed to testify, he proved our case by his observations and I was just so elated. When I telephoned the attorney to tell her about the witness, she asked me whether he had a criminal record. It was then that I realized I hadn't asked, but he was already on his way to the courthouse. The attorney and I both agreed that as long as he wasn't a murderer, she'd still put him on the stand. Turns out he WAS a convicted murderer. The attorney put him on anyway, and our juvenile client ended up getting a break.

I once interviewed a 400 pound biker in Sacramento who told me he had been arrested 431 times and he had no idea what all he had been convicted of. This guy was pretty scarey. He did not like what I was there to talk to him about (an old murder my habeas client had been convicted of) and I knew he was not going to like it when I subpoened his butt to court. At my suggestion, I interviewed him on his porch. No way I was going inside THAT house. True to my name, I needed a witness that day, and the busy street he lived on provided it. I didn't even care that cats had pissed all over the couch on his porch causing me to have to change my clothes immediately afterwards. This is why an investigator keeps a change of clothes in the car.
All this got me wondering -- what person holds the record of most times arrested? Lincoln, Nebraska actually keeps tabs on this sort of thing. Edward Rooks holds the record there with 652 arrests. Given new sentencing laws, the often-arrested are a dying breed. Literally.

Seems the Guinness Book of World Records has given the title of "Most Arrested" to this guy: Henry Hollis, everyone's favorite busker.

btw, Did you know that the co-writer of the Guinness Book of World Records was a murder victim? You learn something new every day on the internet.

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