[A repeat from February 16, 2022] I was a 27 year old State’s Attorney handling felony cases at 26th & California. We’d have maybe 20 to 30 cases on call every day with a few “terming out” (approaching the 120 day mark after demand for trial). As defense attorneys stepped up when their case was called, they’d sometimes lean over and ask “can we work this out?” In other words, if a guy was brought out for a homicide in a bar fight, the defense would want to “discuss” the matter. Maybe reduce murder to voluntary manslaughter. Resulting in a lower sentence. And it was “let’s make a deal.” Negotiations were usually carried out in the judge’s chambers. Chatting. The judge’s office was small and defense counsel sat next to me – six feet from the judge who would lean back and say “what can we do, boys?” If we “reduced” a crime (murder to manslaughter), we would have to go downstairs for permission from higher ups in the SAO.

When I moved on from negotiating felony cases (sometimes life or death), I continued to negotiate. All the time. Meetings in person were usually held in a room – with opposing counsel sitting on the other side of a table. But when I walked in – I would always plop down next to him (or her). They’d look over like – what the ___ is he doing?? I’d look over and say “easier to talk this way.” And I’d sometimes set a coffee cup or something in the center of the table and pause. Counsel would look at me. I’d say “that’s our problem.” Now opposing counsel would look at me like I was demented – but I’d press on – “let’s think of that as our problem. How can we work together to resolve it?” And counsel would catch on. We’d discuss options. And usually resolve our differences. Coming to a solution. Let’s make a deal.

Statistically, cases filed in court are resolved 85 to 90% of the time. Why?? Because if you go to trial, there is a 100% chance that somebody’s gonna lose. And that loser could be you. Resolving a case was often like drinking a warm Pepsi Cola on a hot day. Not perfect – but did the job. For both sides. Let’s make a deal.

Look at the photos of negotiations going on with Vladimir Putin (a criminal who should be at 26th & California). There is a table as long as a football field with participants sitting at opposite sides. And I think to myself – if that was me going in to negotiate with Putin, I’d drag my chair over and sit next to him. And put my coffee cup in the middle of the table. . . . .