Criminal Justice
Former Public Defender Is Convicted in Sex-with-Client Case
Posted Sep 23, 2009 2:53 PM CST
By Martha Neil
If a private practitioner has sex with a client, it might be pursued as an a legal ethics violation. But because of his governmental role, a former assistant public defender in New York has been criminally convicted of a misdemeanor for admittedly doing so.
An Albany County jury yesterday found Matthew Swedick, 39, guilty of one misdemeanor count of official misconduct but acquitted him on two others, reports the Times-Union.
His conviction was supported by audiotape evidence, although not all of it could be heard, and testimony by Latoya Gorton, 32, who said Swedick told her he would work harder on her case if she had sex with him.
Swedick said he never made any such promise to Gorton. His lawyer, James Long, says he plans to appeal, based on an argument that the audiotape evidence should not have been admitted.
Swedick could get as much as one year in jail, when he is sentenced, and also may be pursued by state bar authorities in a potential attorney disciplinary case.
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Comments
Paul the Magyar
Sep 23, 2009 3:38 PM CST
“His conviction was supported by . . . testimony by Latoya Gorton, 32, who said Swedick told her he would work harder on her case if she had sex with him.”
If he is proven guilty of the misdemeanor, punish him. But this testimony is simply incredible and unbelievable.
I never met a criminal defendant I wanted to touch, much less “get jiggy” with.
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Bill
Sep 24, 2009 5:34 AM CST
This is sad. A lawyer should have ample ability to find female companship without having to gain favours from their business clients.
I think this fellow should reexamine what he is doing for a living because being a public defender is not the place for him.
It is worse than when a woman in a position of power uses it to coerce her subordinates to do the same thing.
I think this should not go unpunished, either.
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jbolaw
Sep 24, 2009 2:05 PM CST
Mr. Goody Two Shoes would pursue this lawyer based on the testimony of his criminal defendant. How many lawyers have not been approached at one time by a client offering sexual favors for special treatment? They can get very angry when you explain to them that the practice is unethical, compromises your effective representation, and could result in your disbarment. Let’s see how the appeal turns out before throwing the PD under the bus.
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Protect Women
Sep 24, 2009 2:43 PM CST
If a lawyer (or priest or teacher or psychotherapist) has sex with a current client they should definitely loose their license. People who have such a hierarchical position of power and abuse it, have undoubtedly done it before and will do it again. It isn’t about sex—it is about power and abuse.
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Easy Rider
Sep 25, 2009 9:07 AM CST
Comment removed by moderator.
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