Coughlin Questions Rankin

The county's former public defender questioned the man currently in the job about his work experience and qualifications yesterday.

The line of questioning came during the afternoon meeting of the legislature's Public Safety Committee.

The story covering that meeting is in both The Post-Journal and The OBSERVER today.

Online at The OBSERVER's site, a commenter questioned my use of the word "grilled" — which I used in reference to the rapid-fire questions that William Coughlin was throwing at R. Thomas Rankin.

A partial transcript of the exchange can be read below.

The transcript picks up immediately following the conclusion of Rankin's opening statement, which was posted alongside today's news coverage of yesterday's meeting.

Public Safety Committee: Jan. 18, 2012:

COUGHLIN — When did the public defender become a two-year term? It never was a two-year term. It was always a yearly appointment.

RANKIN — Okay, then I was mistaken.

COUGHLIN — Oh, well that's one. You talk about your experience, how many years have you been a practicing attorney?

RANKIN — I passed the bar in 2003 and I was admitted in 2004.

COUGHLIN — So roughly seven years, correct?

RANKIN — Yes.

COUGHLIN — Now, before you became the public defender, how many jury trials did you have?

RANKIN — I don't know. I had a number of...

COUGHLIN — You had one jury trial on a DWI in Jamestown. Are you disputing that?

RANKIN — I had another jury trial.

COUGHLIN — So you had two, misdemeanors? Correct?

RANKIN — Yes. How many jury trials did you run when you were public defender?

COUGHLIN — I'm not running for public defender right now. You are answering my questions, Mr. Rankin. I'm not interested in the job. I make a lot more money in my new job. I ask the questions. You answer them, all right? How many felony trials did you do before you became the public defender?

RANKIN — Jury trials? I had done none.

COUGHLIN — How many non-jury trials?

RANKIN — None. It's unusual...

COUGHLIN — So you do no non-jury trials and you did no felony trials.

RANKIN — Let me finish my answer for you, Mr. Coughlin. It is highly unusual to have a non-jury felony trial.

COUGHLIN — Why is that?

RANKIN — Because the judge decides both questions of fact and law and in a jury trial, the jury decides questions of fact.

COUGHLIN — Now, when you came to the office, you appointed yourself on a memo of Feb. 4, that's right in front of you: "Tom Rankin will handle all Class A felonies, homicides and sex crimes." Do you believe that having two misdemeanor trials in Jamestown City Court qualified you to do homicides?

RANKIN — I believe that...

COUGHLIN — Answer the question, do you believe that you were qualified to do homicides?

RANKIN — This is not a trial. I am not under oath, Mr. Coughlin. Please extend me the courtesy to answer your question.

COUGHLIN — I withdraw the question. Did you ever do an E-felony trial?

RANKIN — No.

COUGHLIN — Did you ever do a D-felony trial?

RANKIN — I've answered that question.

COUGHLIN — Did you ever do a D-felony trial?

RANKIN — I have answered that question.

COUGHLIN — No you haven't. Did you ever do a D-felony trial?

RANKIN — You asked me, prior to becoming public defender if I had done felony trials and I said no.

COUGHLIN — Did you ever do a D-felony trial? This is the question...

RANKIN — ...

COUGHLIN — Mr. Chairman, I instruct that he answer the question. I can go forever.

DUFF — *Duff speaks*

COUGHLIN — No we're not because we haven't gotten to it yet. He appointed himself to be in charge of homicides. You appointed yourself to be in charge of homicides and felony crimes without any felony trial experience, correct?

RANKIN — At that point, that is correct.

COUGHLIN — And you've only done one trial since then which was a D-felony, correct?

RANKIN — That is correct.

COUGHLIN — Which the outcome, I believe, was 20 years for the poor guy.

RANKIN — He was found guilty, yes.

COUGHLIN — Are you aware of what the revised standards of providing mandate legal representation for the New York State Bar are?

RANKIN — Yes.

COUGHLIN — Are you an attorney?

RANKIN — Yes.

COUGHLIN — Are you a member of the New York State Bar?

RANKIN — Yes.

COUGHLIN — Does it not say that attorneys who provide mandated representation shall have sufficient qualifications and experience to enable them to render quality representations for a client in each particular case? Do you believe that with your experience that you can hold up that that you can render quality representation to a client who engaged in a homicide? Do you believe you can do that, with no experience whatsoever?

RANKIN — I have done it already.

COUGHLIN — You did one trial? And you believe...

RANKIN — I have represented a person in a homicide case.

COUGHLIN — You've done a homicide trial?

RANKIN — No, I had a homicide case.

COUGHLIN — Did you represent anybody at a trial on a homicide?

RANKIN — No.

COUGHLIN — What was your second case?

RANKIN — If I could expand?

COUGHLIN — No.

RANKIN — Yes.

COUGHLIN — The Barak Cornell case. Let's go to the Barak Cornell case.

RANKIN — I think you... to explain the situation.

COUGHLIN — I'm asking the questions. We're talking about... You said the one trial that you did, the Barak Cornell case. Correct?

RANKIN — Will you allow me to explain?

COUGHLIN — No. Now, I'm going to show you a contract.

ABDELLA — Just as a point of order, a majority of the committee can decide whether or not to allow Mr. Rankin to finish his answer or how long you wish to have Mr. Rankin answer questions. It would actually have to be a two-thirds vote, however, to either call the question on the pending resolution or limit debate in some manner. Otherwise, Mr. Coughlin, Legislator Coughlin, can continue to ask questions unless the committee wishes to stop it at some point.

COUGHLIN — Mr. Duff you would not want to go into this contract that he's negotiated?

DUFF — Sir?

COUGHLIN — Would not like me to go into this contract that he negotiated?

DUFF — I think we've got our point across.

COUGHLIN — Well, no, I would like just one... I would like this contract.

DUFF — Well, I think we've gone far enough as far as this is concerned. After all, we've got work to do out here and the way it looks, we're not going to get it done.

COUGHLIN — These are questions about whether or not he's qualified, whether or not he's qualified and can continue as public defender. Can I ask him one more question? Or a series of questions involving (a public defender's office employee)?

RANKIN — One question?

COUGHLIN — A series of questions.

RANKIN — You said one question.

Coughlin — Who is (name of a public defender's office employee)?

RANKIN — She is our alternate to incarceration coordinator.

Coughlin — What does she do in your office?

RANKIN — You said one question.

Coughlin — What does she do in your office?

RANKIN — She is in charge of helping... She does many things: She interviews the clients in the jail. She helps find beds for these people who are mentally ill or chemically dependent, beds in treatment facilities. She also works with the jail when they feel that there's a person wrongfully incarcerated, they will contract (her) and she works with me and the other attorneys on those cases.

Coughlin — Do you ever instruct (her) to contact the district attorneys to ask if any pleas are offered?

RANKIN — I may have.

Coughlin — Have you instructed (her) to contact the district attorneys to ask if any pleas have been offered?

RANKIN — Yes, I have done that.

Coughlin — Has she gone over to the jail to give those pleas to the client, under your instruction?

RANKIN — I have said to her: Here's some information, will you please communicate it to the client.

Coughlin — So she communicates the plea offer to the client?

RANKIN — Not in every circumstance.

Coughlin — But she has communicated plea offers to the clients at certain times, correct?

RANKIN — That is correct.

Coughlin — Does she not then also tell you whether or not they are going to accept the plea offer?

RANKIN — She has.

Coughlin — Don't you think this is the duty of an attorney? And that she is actually practicing law under your instructions without a license?

RANKIN — No.

Coughlin — Well, she is making plea offers, correct?

RANKIN — No, she is not. She is communicating information. She is communicating plea offers.

Coughlin — She is talking with the clients, whether they should accept the plea. And then she is going back to you with whether they've accepted it. That's practicing law without a license. Isn't that what happens in your office?

RANKIN — No.

Coughlin — No?

RANKIN — No to the fact that she is practicing law without a license.

Coughlin — You don't think that is practicing law, but that is practicing law without a license.

*Coughlin's holding up a pen while talking*

RANKIN — Please don't point at me that way.

Coughlin — Okay. I'm done.