John Wesley Hall Jr., a vice president of the National Association of Criminal Defense Attorneys and author of the standard text on defense ethics, calls [Sibley’s tactics in the Palfrey case] “spiteful” and “over the line,” and says it “doesn’t serve any purpose but to harass and embarrass people.”
Earlier: Mar. 27. The ABC News report on Sibley and Palfrey airs tonight.
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Hall is essentially saying that it’s unethical to counsel one criminal defendant (in this case, the madam) to flip against other defendants (the johns). Obviously, that’s a ludicrous statement for a criminal defense attorney to make, so it’s hard not to conclude that Hall is representing one of the johns on that list (and that his “defense ethics” are somewhat situational).
Tom, I haven’t followed this at all closely, but it doesn’t sound like Palfrey is trying to negotiate a deal with the DA to turn state’s evidence against the johns or any other codefendant. The johns do not seem to be in any danger of prosecution, so they aren’t “codefendants”. Palfrey is threatening to expose them to the public rather than the DA, either for profit or perhaps to generate political pressure on the DA. If it’s the second, it’s blackmail and interference with justice. If she’s just publishing her client list, she’s at least breaking an implied contact – any classy vice operation has to promise it’s clients confidentiality.
“Blackmail and interference with justice”? To expose someone’s participation in criminal activity? I’m afraid I don’t see it. Certainly, I agree that it’s bad business, though, for a Madam to go public with her johns.