About ewinter777

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So far ewinter777 has created 59 blog entries.

I want to discuss fairness

I want to discuss fairness. I created a quote for you: The Presumption of Innocence is the most fundamental concept in the laws of a free society. I’m a criminal defense trial lawyer, and when I begin selecting a jury, I want to know that they each can embrace the presumption of innocence—that people are innocent until the opposite is proved. The prosecution has the burden of proof, and the accused has no burden whatsoever. [...]

Local Lawyer’s Novel Examines SBC Milieu, Bares Truth Through Fiction

  The Last Midnight is Gary Wenkle Smith’s first novel. It might make interesting reading to the Sentinel’s readers on several grounds. Of note is that Smith is a San Bernardino personage through and through. He is the son of Nancy E. Smith, who was San Bernardino County’s Fifth District Supervisor from 1956 until 1976, the second woman to serve as county supervisor in the county. Smith, who grew up in San Bernardino and attended Pacific High School, [...]

A glimpse into the future from my next novel, Inside the Lie:

A glimpse into the future from my next novel, Inside the Lie: At the end of the day, when Gail and Lisa were on their way home with two of the finest men he knew, and when Eddie and Tommy were out there somewhere making certain that they had it all together for trial, Rex thought about things. He had grown. His body was back up and running, and although he was not a super [...]

MOONLIGHT SETS THE SUN a poem by Gary Wenkle Smith

MOONLIGHT SETS THE SUN Moonlight sets the sun when our day is lost and morning is so far away. Would we if we could forgo the darkness of our souls to see just a glimpse of a brighter tomorrow? Can we dance ahead of our time? GARY WENKLE SMITH (909) 496-3448 198 N. Arrowhead Avenue, San Bernardino, CA 92408 info@garywenklesmith4thedefense.com

INSIDE THE LIE a poem by Gary Wenkle Smith

INSIDE THE LIE   It is as though the stories never cease. And the truth, mixed within the lies is so easy yet so painful, that we often live Inside the Lie rather than searching for that which is just and true. GARY WENKLE SMITH

On Ice Case

It was around 10:30 p.m. as they watched the car drive into the driveway and park. A very large black man got out. The young white man from the house came out and greeted him with a handshake, and then a hug. They spoke for a minute, and the large man got back into his car and drove away. It appeared as though there were three other black men in the car. The word was [...]

San Bernardino Criminal Defense Attorney Gary Wenkle Smith’s Trial Victories

SAN BERNARDINO COUNTY SENTINEL Deliberating A Single Day, Jury Acquits Fletchner On All Counts V I C T O R V I L L E — Friday, August 19, 2011 Dennis L. Flechtner was acquitted of murder in the 2009 shooting deaths of three people, three days after he took the witness stand to testify in his own defense. Flechtner’s straight-forward account of what occurred the night of October 4, 2009 had far greater resonance [...]

Sean B

Sean was charged with murder for shooting a man he claimed had threatened to kill him, and he expected would kill the witnesses to it, two of his women friends. We argued that it was self-defense. The deceased had become violent on more than one occasion, and was known to always have a gun in his possession. When Sean took his gun, the deceased said he was going to get his other gun and come [...]

Trial Victory for J.R. – Resisting an Executive Order Trial Victory

Resisting an Executive Order Trial Victory J.R. had prior convictions for some drug related offenses about ten years before the night in question. On the night of his arrest, he had a single car accident with a tree and a block wall at the back of a house in a small tract of homes in the desert. The owner of that house claimed that J.R. had threatened him with a gun when he offered assistance. [...]

Tom B. – Battery Trial Victory

Battery Trial Victory Tom B., who had no prior convictions, was accused of brutally beating his live-in girlfriend. Tom swore to me that he had never hit a woman, and that everyone who knew him would swear that they knew how important in Tom's values system it was to respect women, and that he had always been the one to speak out against rude behavior toward women. His many friends did in fact report the [...]

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