Monday, July 06, 2009

Record Closes In Flores Post Conviction Review

We've been watching Iowa Courts Online for new developments in the long running Flores post conviction review proceedings now pending before the Polk County District Court, the Hon. Don Nickerson presiding. As the deadline for submission for post trial briefs has passed we expect that a decision may be forthcoming in fairly short order.

As you may or may not know, Flores was convicted of the murder of Phyllis Davis. Davis, a middle aged woman who worked in a bank, was driving home from her work in her Nissan Sentra. At the corner of 9th and University, she drove into the middle of a shooting war, caught a bullet, and drowned in her own blood right there in the intersection.

Flores, a combatant in the wars between the Des Moines Crips and Bloods franchises, was convicted on circumstantial evidence and the admissions of his girlfriend to her mother and aunt. She's stated that she was "playing a game" in making such statements when Flores first came into view under the police microscope, but it does point to the age old principle that loose lips do, indeed, sink ships.

We've reported in depth on this matter back in the beginning of the year and you can certainly check it out if you've got a few minutes.

One thing that bothers me about these proceedings is the fact that Flores has made numerous pro se filings and arguments from the stand despite having the services of a competent attorney who has gone above and beyond the call of duty to speak on his behalf.

I've thought it over and I don't much like what I'm seeing.

Although Flores declined to testify at his trial and does not seem inclined to testify as David Flores, Defendant, he was more than happy to expound his legal analysis as David Flores, Litigant and otherwise describe how it dovetailed in his case.

Here's what I think.

He did a pretty good job of making an end run around the system, asserting the 5th amendment and avoiding testifying where matters of criminal liability and his involvement in this affair could have been subject to vigorous cross examination by the state, but he's otherwise been able to sink his oar deep in these troubled waters by masquerading as a litigant expounding his legal theories. That seems like legal chicanery to me, and I don't like it one bit.


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