Tuesday, June 27, 2023

DA MARIE BRODER REPORTS

 The First Big Case

Every trial lawyer can tell you about their first “big” case. Whether it is a criminal or civil case, it has the following characteristics. You are the attorney with primary responsibility for presenting the case—we call this sitting “first chair.” It is the first case where the outcome bears extraordinary significance to the people involved—think life in prison or a multi-million-dollar verdict. And you are scared to death.

For prosecutors who try felony cases, their first Big Case is most often a murder. Victims have lost a cherished loved one. The Defendant is facing the prospect of spending their life incarcerated. The stakes are life and death. Every time one of my prosecutors steps up for their first Big Case, I share in their anxiety and nervousness. On the one hand, I can empathize with them as it has not been so long ago that I cannot remember the pit in your stomach when you begin an opening argument in such a case. On the other hand, as a boss, you are cautiously optimistic that they will perform well and do their best to bring about a good result. But you are still nervous.

Needless to say, any nervousness I might have had regarding a case recently tried in Upson County was cast aside after the excellent performance of two Assistant District Attorneys.

Two of my ADAs, Audrey Holliday and Jonathan P. Richardson tried their first Big Case last month in Upson County. While I knew they were scared to death, they never showed it and fought hard for Mohammed “Seth” Mohiuddin. Mr. Mohiuddin was stabbed by Shekhard Rao Suryavamsham in the early morning hours of November 1, 2020. The victim and defendant were involved in a perceived business dispute, which ultimately lead the Defendant to stab the victim three times, killing him. In his last words, the victim was able to tell officers and EMTs on the scene who had stabbed him. Within a few hours, Cpt. Snipes from Thomaston Police Department and her team were able to identify the Defendant and collect significant physical evidence against him. After a four-day trial, the jury convicted the Defendant of Malice Murder, Felony Murder, Aggravated Assault, and Possession of a Knife During the Commission of the Crime. The Honorable Ben Miller, Jr. sentenced him to Life in prison.

In addition to being a Big Case involving a loved member of the community, the pressure was on as this was no “slam dunk.” While there was significant physical evidence tying the Defendant to the stabbing, the victim had initially confronted the Defendant and a fist fight had ensued. However, the Defendant brought more than his fists to the fight and chose to take a man’s life. Make no mistake, the law in Georgia does not allow you to engage in a fight, take a break from the fighting, and retrieve an implement of death to use against your former attacker. Self-defense has its limits, and the jury recognized that here.

Once an attorney has tried their first Big Case and they have tried it well, the time to bask in the glory of the result is short-lived. Ms. Holliday and Mr. Richardson have bright futures and I will be trusting them to continue to take on the Big Cases as they protect the citizens of this Circuit

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