Attorney's argument causes stir in court
Published: September 6, 2007
By Nicholas Grube
Triplicate staff writer
A local attorney avoided possible disciplinary action after attempting to demean the credibility of three women based on their sexual
orientation.
Leroy Davies, who is a public defender for Del Norte County, filed a motion to dismiss a hate crime case against his client who allegedly threatened to beat up three lesbians.
In his motion, Davies states there is not sufficient evidence to implicate his client, Roger Farren, would actually attack the women, adding that, due to their sexual preference, they are irrational.
"Your Honor ... (the) defendant made no move to expand on the statement of kicking lesbian ass by stating when, where or how it was to be kicked," Davies' motion states. "Lesbians are unreasonable as a matter of fact, having violated all tenants of the Bible, common sense, and the biological imperative.
Davies refused to comment on his motion, only saying that his client, Farren, was innocent.
The Del Norte County District Attorney's Office filed a motion in opposition to Davies' motion and requested sanctions, or punishment, from the court.
"My office felt like he over-stepped the bounds of being a zealot advocate," District Attorney Mike Riese said. "We felt strongly that we don't go around attacking victims based on their sexual preferences."
Judge Robert Weir, who presides over the case, said he could not comment because it is an ongoing matter. But in a court appearance on Aug. 23, Weir scolded Davies for his motion, saying it crossed the line of professional conduct.
The following week Davies withdrew his motion, making his argument moot. The same day, Farren pleaded guilty to misdemeanor assault, which is a reduction in charges from the three felony counts of criminal threats with hate crime enhancements he faced previously.
Christopher Dolan, a San Francisco attorney whose firm, The Dolan Law Firm, represents the lesbian, gay, bisexual and transgender community, said Davies' motion is reprehensible, especially for an attorney who is paid to represent the public.
"Personally, I think this guy is offensive to the legal profession," Dolan said. "I can't believe somebody would actually say that in a court filing."
Davies should not be allowed to receive state or county funds, Dolan said, because as a public defender he might be violating ethical and legal guidelines set by the California State Bar.
"I think that it's unethical and unlawful in the several laws that govern attorneys," he said. "In short, I think it's a disgrace."
Dolan said he was also surprised by the lack of punishment, saying that even if Davies retracted his motion, he should still face consequences so as to not set any precedent.
"I don't think the business of gay or straight has any application to the law," Dolan said. "If that happened in San Francisco, the judges here would crucify him."
