Friday, July 18, 2008

Comment: Attorney Cusumano on Pro Bono Work

Everytime I leave Alycia she says "thank you." After a hearing in the 37th District Court, Warren, Michigan she thanked my wife, Julianne, and me as Alycia and two of our five children ate lunch together. Alycia said, "if it wasn't for you two, I would still be in that hotel room." I thank her, and God, for allowing me to represent her. It is an honor, and I think I did some good with a law license which rarely sees the light of day for the last decade. Observers think this case is about legal issues. I commented to a close police officer friend that I can write a legal brief, but the real challenge is to help Alycia solve the problems which young women like Alycia face daily. One of my first conversations with Alycia highlighted the problem. "I have a roof over my head, and food in my stomach," she said. This was the life fraction, basic sustenance. Alycia had run away from the "game" only to spend the night outdoors in freezing weather. She went back and resigned herself to do what she was told. There is simply nothing available to help these young people (women and men) trapped in a similiar endless cycle, of homelessness, with no support from family, brushes with the law, and finally fear. Fear of evil handlers. Fear of the johns. Fear of the police. Surrounded by false friends and false pride. As the economy continues to collapse in Southeastern Michigan, the ranks of these lost souls continue to increase. If nothing else, keep them in your prayers.

Helping Alycia has taken some money to purchase essentials such as clothes and food. There are also miscellaneous fees for the Secretary of State to empower Alycia away from dependency. But, bottom line, without some money Alycia can't break this cycle. A person needs a driver's license to and from a job. I am thankful for the kind heart and generosity of my wife, Julianne who has reached out to Alycia. Julianne has attended every hearing and sits in support of Alycia. Alycia wears a silver bracelet which was a gift from my wife. It is engraved with: "Ask. Believe. Receive." Through everything, Alycia has never taken it off. When Alycia turned 21, the only presents she received was from my wife. People ask my wife and I whether the time and energy is worth it. I think the pictures on this blog answer that question. Frank Cusumano, Jr.
Excerpted from pleading filed in People v. Martin, Case 080001038 OM, 52-4 District Court, Troy, Michigan
Alycia Martin was charged with the crime of prostitution. A 90 days misdemeanor is a crime, and City Attorney for Troy attempts to minimize it’s significance and effect. For most common everyday people a criminal conviction and incarceration for even a short period result is severe and dire consequences. Most ordinary working people lose their jobs immediately. Working class people for the most part have little money saved, eviction from rented properties, automobile repossession, and family trauma follow quickly. Most are forced to plead guilty or face these unimaginable losses.

The implication that Alycia Martin has little or nothing, and therefore should not be afforded a credible vigorous defense (and the means by which to assert such defenses) further underscores the perceived disparity between the monied haves and the have nots when it comes to the law in the perception of the general populace. Legally certain jobs may never be available to the convicted person. The crime Defendant is charged with is still widely considered a burden which many women never recover. A Google search of "Alycia Martin" and the variations of the word "prostitute" and "prostitution" returned 423,000 hits as of May 22, 2008. This 20 years old young woman deserves a chance to test this case and, at least in the eyes of the law, clear herself if the charges where doubtful, unfounded or obtained by police conduct outside the bounds of legally acceptable law enforcement.

This is her right and this is each member of the bar’s responsibility involved in this case to see that she is allowed to fully exercise that right should she so choose. Defendant’s counsel is keenly aware that this case should reflect the highest standards, in order to make clear that, in a Court of Law in this State, all parties are treated fairly and equally, irrespective of limited financial means or perceived wealth and political power.

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