Monday, April 19, 2010
3 lawyers for the price of 1 in Lockett case
Tom Angleberger
The New River Valley-based reporter answers your questions Mondays in his column, What's on Your Mind?
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Q: I am writing to express my concern over the Roanoke Circuit Court's recent decision to appoint an entire legal firm to represent Aveion Lewis' mother, Morgan Lockett. According to a local TV news report, some legal observers term this an unusual move.
I am worried about the message this sends to those who abuse and neglect children, as it appears the courts went above and beyond required representation to defend someone charged with neglecting and killing her child. If only there had been a team of lawyers to come to Aveion's defense when he was moved from foster care [and returned to his mother and stepfather].
-- R.E. Shank, Roanoke
A: It is often difficult for us regular folks to understand a judge's reasons. And because judges usually keep quiet outside the courtroom, we often never hear a detailed explanation.
But a colleague suggested that I write to Circuit Court Judge Clifford Weckstein and ask him.
"Generally, a judge is restricted in what he or she says about a case to what was said on the record, and the Virginia Judicial Canons prohibit a judge from commenting on pending cases," he explained in an e-mail. "Fortunately, this is an appointment that I did explain on the record."
Weckstein paraphrased his courtroom explanation for us, giving detailed reasons why three attorneys seemed appropriate for Morgan Lockett, who is charged with murder in the death of her 2-year-old son, Aveion Lewis.
"I appointed an older lawyer with much experience in complex cases, along with two younger lawyers. These three lawyers practice together."
The more experienced lawyer Weckstein refers to is Art Strickland. His partners are Tommy Strelka and Correy Diviney.
"While the younger lawyers have met the Commonwealth's criteria for appointment in felony cases -- and they are excellent lawyers -- neither has defended a homicide case, or case of similar gravity. One of the younger lawyers represented this defendant in related matters in J&DR [Juvenile and Domestic Relations] District Court."
Here's a very important detail: While it is true that Weckstein appointed three lawyers, he agreed to pay for only one.
"They accepted the case knowing not only that there is a low cap on the amount that a lawyer can be paid for court-appointed criminal defense work, but also that that cap, normally applicable to a single lawyer, will in this case apply to all of them," he wrote. "The defendant has the benefit of a defense team able to deal with the complexity of the case -- which is significant -- at no added cost to her or the Commonwealth, and two lawyers increase their experience in cases of this sort, but (because of the presence of the senior lawyer) they will not be learning on the job in a way that might cause harm to the client."
A Roanoke grand jury on March 1 indicted Lockett and her husband, Brandon Lockett, on charges of second-degree murder, child neglect and cruelty. The couple had reported Aveion was abducted in a home invasion on Jan. 14; five days later, Brandon Lockett told police his stepson was dead. After an extensive search, police found Aveion's body in the regional landfill in Roanoke County on Jan. 27. Both suspects remain jailed, with Brandon Lockett scheduled for trial in August and Morgan Lockett in October.
Got a question? Got an answer? Call Tom Angleberger at 777-6476 or send an e-mail to tomangleberger@yahoo.com. Don't forget to provide your full name, its proper spelling and your hometown. Look for Tom Angleberger's column on Mondays.
