Word: sanborn
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Dates: during 1980-1989
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DURHAM, N.H.--Before Monday's Harvard-New Hampshire women's basketball game, UNH Coach Kathy Sanborn had a hunch...
Unpersuaded, Rubin continued to resist defending Sanborn. "To order any attorney to sit and watch with apparent approval while his client commits forbidden acts to a jury does nothing less than order the lawyer to be a knowing instrument of totally unethical and dishonest conduct," he protested. "Silence here is participation; it is cooperation with evil." Judge Shapiro held Rubin in criminal contempt and sentenced him to 30 days. Fully prepared, with underwear and shaving kit stuffed in his briefcase, Rubin last week heard Shapiro pack him off to jail. Undaunted, the lawyer arranged for a habeas corpus petition...
...lawyer who decides to part from a client, says Hofstra Law Professor Monroe Freedman, "the point of no return is when you are so close to trial that the judge is not going to grant a motion to withdraw." That was Rubin's plight when, on the eve of Sanborn's trial, he learned what he calls a "new version of what happened...
Although the irresolvable nature of Rubin's conflict elicits sympathy in the legal community, some colleagues fault the Miami lawyer for what they regard as his strident insistence on pulling out of the case and disobeying judges. William Surowiec, one of Sanborn's previous lawyers, wonders if the courts could have taken any other position. "What if a person, in an effort to continuously avoid going on trial when the trial date approaches, puts the lawyer in this situation?" he asks. "You would have a defendant who could manipulate the system by doing this to one attorney after another." Henry...
...former client, meanwhile, may have plenty of time to ponder what might have been the wisest trial strategy. Earlier this year, Sanborn was convicted and sentenced to life, after a fifth court-appointed attorney put him on the stand to testify that he was not the man the victim's mother had seen at the murder scene. Sanborn's fate will strike many legal observers as unsurprising. Says Berkeley's Johnson: "A defendant who cannot convince his own attorney is unlikely to be a very persuasive witness...