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Wolfie, I wasn't planning to see this one for a while, anyway, so I'll try to answer your questions:
1. Would the son of a victim ever be allowed to prosecute? What defense attorney would allow this conflict of interest (not to mention what an advantage it would be in front of a jury)?
ANSWER: It looks pretty fishy to me, and I wouldn't allow it. I suspect that it would violate at least one element of the Code of Professional Ethics -- at least an Ethical Consideration and maybe a Disciplinary Rule. And as for the poor shnook defense attorney who knowingly allowed it, he or she might be liable for malpractice and subject to disbarment, and his or her client (if convicted) could easily appeal the conviction on the grounds of ineffective assistance of counsel. Might even work, too.
2. If a prosecutor sleeps with a defense attorney before the trial is completed (he wasn't sentenced yet), isn't that grounds for a mistrial?
ANSWER: Your question confuses me. The trial is over when the verdict comes in; the sentencing phase is a separate proceeding. Either way, I'd be troubled, but it wouldn't be grounds for a mistrial unless the boinking took place during the trial.
3. If Richard Dreyfuss didn't file an appeal for his client in reference to the above matter (which became public knowledge at the debate), isn't he guilty of ineffective assistance and can't his client appeal without his help?
ANSWER: (i) [silly] You bet -- Richard Dreyfuss is an actor not a lawyer. [serious] I think you're right; that would be ineffective assistance of counsel, and his client could fire him and file an appeal on his own. Not that, if this sort of thing happened in real life, there wouldn't be SWARMS of lawyers clustering around begging to act for the client.
4. Could a DA who's tried one case really get elected in New York?
ANSWER: This is more politics than law, and my answer is thus the classic New Yorker's answer: You never know.
5. What is wrong with Andy Garcia's agent? Why is he always doing great things with mediocre parts in bad movies?
ANSWER: This is a film-industry question. My answer? Beats the hell out of me.
I hope that helps. I look forward to anyone else with more hands-on familiarity with the Code of Professional Responsibility weighing in on these questions.
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