Winkler attorney says all accused deserve a competent defense
By: Karen Quinn
Issue date: 1/27/09 Section: News
Memphis criminal defense attorney Leslie Ballin is perhaps best known for his more violent cases, like the Mary Winkler, and Jeffrey Scott murder trials. But everyone deserves a fair trial, Ballin said, even if the case leaves him queasy.
Ballin spoke to The U of M Pre-Law Society on Jan. 22, in the Psychology Auditorium.
Along with attorney Steve Farese, Ballin represented Mary Winkler in the 2006 shooting of her husband, Matthew Winkler in Selmer, Tenn. Winkler was found guilty of voluntary manslaughter and received what many consider a light sentence of 210 days for the crime.
"Winkler had to do with accusations of domestic violence, similar to the Scott case," Ballin said, referring to his recent representation of Jeffrey Scott of Cordova, Tenn. A jury found Scott guilty of second-degree murder last Monday in the death of his wife, Ashley.
But defending Scott was not something Ballin enjoyed, he said.
"I still cannot put my finger on what about this case is causing the wrinkles, the worry, the anguish," he said.
Ballin said even his wife noticed something different about him following the Scott case.
"Even though it's exciting and I feel honored to represent those accused of crimes, it's taxing," Ballin said. "Ashley (Scott) was severely beaten. Why is this bothering me? There was no sense in it. There was absolutely no sense in it."
One of the aspects of the case that bothered Ballin was Scott's seeming callousness toward murder, he said. When Scott called 911 after several hours, he spoke without emotion, Ballin said.
"It was like he was placing a to-go order at a restaurant. It was not good," he said.
Yet anyone charged with a crime deserves legal representation, regardless of how disturbing the public finds the accusations, according to Ballin.
"It's not a question of what a person has done," Ballin said. "It's a question of whether or not the government can prove the allegation that they have indeed committed the offense charged, beyond a reasonable doubt."
Ballin said he believes strongly in the justice system and the role he and other defense attorneys fulfill.
"It is important to stand up and speak for those who can't speak for themselves," Ballin said.
But Ballin said he won't be a party to representing clients that want to use what he called "trickery" or "falsehoods" in court. The justice system fails without the truth, he said.
Ballin sees his career as a defense lawyer as upholding the constitutional protections of everyone in America, including the innocent and not accused.
"While I am defending (an accused) person, I feel like I am defending all of us," he said.
Ballin spoke to The U of M Pre-Law Society on Jan. 22, in the Psychology Auditorium.
Along with attorney Steve Farese, Ballin represented Mary Winkler in the 2006 shooting of her husband, Matthew Winkler in Selmer, Tenn. Winkler was found guilty of voluntary manslaughter and received what many consider a light sentence of 210 days for the crime.
"Winkler had to do with accusations of domestic violence, similar to the Scott case," Ballin said, referring to his recent representation of Jeffrey Scott of Cordova, Tenn. A jury found Scott guilty of second-degree murder last Monday in the death of his wife, Ashley.
But defending Scott was not something Ballin enjoyed, he said.
"I still cannot put my finger on what about this case is causing the wrinkles, the worry, the anguish," he said.
Ballin said even his wife noticed something different about him following the Scott case.
"Even though it's exciting and I feel honored to represent those accused of crimes, it's taxing," Ballin said. "Ashley (Scott) was severely beaten. Why is this bothering me? There was no sense in it. There was absolutely no sense in it."
One of the aspects of the case that bothered Ballin was Scott's seeming callousness toward murder, he said. When Scott called 911 after several hours, he spoke without emotion, Ballin said.
"It was like he was placing a to-go order at a restaurant. It was not good," he said.
Yet anyone charged with a crime deserves legal representation, regardless of how disturbing the public finds the accusations, according to Ballin.
"It's not a question of what a person has done," Ballin said. "It's a question of whether or not the government can prove the allegation that they have indeed committed the offense charged, beyond a reasonable doubt."
Ballin said he believes strongly in the justice system and the role he and other defense attorneys fulfill.
"It is important to stand up and speak for those who can't speak for themselves," Ballin said.
But Ballin said he won't be a party to representing clients that want to use what he called "trickery" or "falsehoods" in court. The justice system fails without the truth, he said.
Ballin sees his career as a defense lawyer as upholding the constitutional protections of everyone in America, including the innocent and not accused.
"While I am defending (an accused) person, I feel like I am defending all of us," he said.