Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, February 4, 1994 TAG: 9402040070
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: LENGTH: Medium
It was a routine matter that court observers gave little attention.
"I'll sustain the objection," said U.S. District Judge James Turk.
Suddenly, heads snapped up to watch the man who voiced the motion.
His chest bulged, a tiny grin spread across his face, and he glanced around the courtroom to see who had noticed.
Meet convicted drug dealer and state prisoner John Patterson.
You won't find his signature on any of the filings in Carlos Andre Smith's suit against five Roanoke deputies, but Patterson stole the show during the two-day trial that ended Thursday.
His role was as an "inmate adviser" to Smith. But around the federal courtroom for the past two days, Patterson's simply been referred to as a "jailhouse lawyer."
Though Smith was officially acting as his own attorney, Patterson wrote opening and closing statements and questioned witnesses for him.
Turk said this was the first trial in his nearly 20 years on the bench in which an inmate adviser had played such a prominent role.
Inmate advisers normally stay seated and simply offer advice, but Turk allowed Patterson to play a bigger role after Smith said he was "ignorant" of the law.
"He asked a lot of unnecessary questions, but overall I think he did a fairly good job for someone who's not a lawyer," Turk said in evaluating Patterson.
The shackles that bound Patterson's legs sometimes made it hard for him to walk the lawyer walk, but he didn't have much trouble talking the lawyer talk.
The objection was the first of several of motions by Patterson that Turk upheld during the trial.
Of course, dozens of objections were denied and Patterson did have a few goofs.
He constantly refered to his client as Mr. Carlos Anderson, only to be corrected by the judge. Even members of the jury were reduced to giggles after he continued to make the same mistake.
"I'll get it right soon," he said.
Then, when questioning one witness, Patterson began to reveal details of Smith's long criminal record - evidence most lawyers try to keep out of trials.
"I think you might be hurting him a little more than you're helping him," Turk told him.
Patterson, 40, said he began reading law books after he was sent to jail in April 1991.
"I'm trying to learn to live in society the right way," the Lynchburg native said. "It's a learning experience, but I'm doing the best I can."
Smith's mother, Norma, said she was pleased with Patterson's work even though the jury ruled that the five Roanoke deputies did not use excessive force when they restrained her son.
"I tried hard to hire a lawyer, but we just couldn't afford one," the Roanoke woman said.
Patterson, who is eligible for parole this year, said he wants to continue studying law after he gets out of prison.
Kevin Blair, a lawyer with Woods, Rogers and Hazlegrove in Roanoke, represented the five deputies sued by Smith. He said battling with Patterson had been, at the very least, interesting.
The prison lawyer - muscles bulging out of his tight, blue prison shirt - constantly gave Blair intimidating looks and constantly interrupted as Blair addressed Turk.
"Please, let me finish one objection during this two-day trial," Blair finally said in exasperation.
During a break in the trial, he was a little more diplomatic.
"I'm just trying to be a professional," Blair said. "This is just a free day out of jail for these guys."
by CNB