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Rohrer: Few
clients are innocent, but deserve good defense
By Bob Robinson
GREENVILLE – “Are there people I got off who were guilty? Yes. Do I
feel bad? No. It only means the prosecutor didn’t prove it.”
The prosecutor’s job is to prove the defendant guilty beyond a
reasonable doubt, said defense attorney David Rohrer. The defense
attorney’s job is to challenge the prosecution’s case. Rohrer, Paul
Wagner and Randy Breaden provide legal defense services through the
ILAF (Indigent Legal Assistance Fund). The program was started nine
years ago.
“I wanted to provide those who couldn’t afford an attorney the best we
can,” he said. “If I ever thought there was a time we didn’t do that,
I’d get out. I think they get good representation… and they should.”
Rohrer was a prosecutor for six and a half years. Five of those years
were in Akron, the remainder here in Darke County.
“I switched because I don’t like the politics,” he said. “When you fool
around with a person’s life, there is no room for politics.”
In Akron, Rohrer prosecuted 63 trials, nine murder cases and one death
penalty case.
In 1994 a black defendant who was high on drugs, put a sawed off
shotgun to the victim’s neck and pulled the trigger. According to
Rohrer it took the jury three hours to convict him. Following the death
penalty phase, a female teacher held the jury two and a half days until
she got them to agree to the death sentence. He was executed ten years
later.
“Did he do it? Yes. But I’ve tried people a lot worse than this guy…
they didn’t get the death penalty.
“That had an effect on me,” he added. “I don’t think the system is fair
enough.”
Rohrer appreciated the great experience he had in the prosecutor’s
office, but said he’d never go back. Everybody has a job to do, he
noted, but no matter what side you’re on, you don’t want to see
imbalance.
There was a rape case in Miami County where his client was a first
cousin to the victim. The victim’s actions afterward were not
consistent with the story she was telling.
“My guy was in jail 77 days,” Rohrer said. “Five days prior to the
start of the trial they dismissed the case.
“Was his action morally reprehensible? Yes, but it was not illegal. So
he sat in jail for 77 days. I say good for him. I hope he learned his
lesson.”
Rohrer noted very few of his clients are innocent; only about 10
percent. Another 20 percent are “overcharged.” He said prosecutors will
sometimes charge someone with a crime they aren’t sure they can prove,
expecting to plead it down to one they can.
“If they do it too often, though, the backside is the defense saying…
let’s go to trial.”
Rohrer recalled a case where his client was being tried for selling
crack. The prosecution had made his client a fair offer but the client
turned it down. It went to trial. There was a confidential informant,
but the ‘wire’ was so bad it was hard to listen to, he said. The trial
lasted six or seven hours.
“I did not put my guy on the stand, and for whatever reason they were
not able to I.D. my guy… never able to say ‘that guy was the one.’”
Rohrer’s argument was reasonable doubt. The jury was out six or seven
hours. When they came back…
“We believe this guy is a drug dealer but don’t believe this crime was
proven beyond a reasonable doubt,” they said. Rohrer said they were
angry about it. He looked at his client.
“You got a gift. I did my job. Now get the hell out of Greenville and
stay out!”
Next week: Rohrer on his clients and the changes he’s seen.
Published courtesy
of The Early Bird
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