For the Defense - Vol. 5, Issue 4 - 23

Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the

put that on the record at the time the continuance
constitutional test); Commonwealth v. Preston, 904 A.2d
1, 10 (Pa. Super. Ct. 2006) (the Barker test is an entirely
is requested. Even if the judge does not rule in
analysis from Rule 600 and therefore needs to be
your favor,
have
at leastincluding
preserved
issue forSheriff separate
At thisyou
point,
everyone,
thethe
remaining
This, coupled with my own strategy, proved effective
raised separately).
Deputy was surprised at the unprovoked and disgraceful 5 Pa.R.Crim.P.
appeal.
for quite
some
time. Unfortunately,
even after this, some
Rule
600(2)(a);
see also Commonwealth
display of anger directed at me. I opened my winter jacket v. Kearse,
District
staff395
refused
to accept
me(no
as an attorney.
890Court
A.2d 388,
(Pa. Super.
Ct. 2005)

* All motions
to dismiss
pursuant
to Rule
600 must
be for " prejudice "
and showed
the Sheriff
Deputy
my attire.
I reached
I experienced
the same
negativity
twice
in 2019 and
need be shown
to obtain
Rule 600
dismissal).
31
File
client's
after the
mademy
inbag,
writing.
which
was your
sitting
on themotion
belt. I wanted
him to While
one
of
them
at
the
same
Magisterial
District
Rule 600 has a more definitive time period, the sole Court.
see
that
I
was
an
attorney
just
like
every
other
attorney
focus
of
Rule
600experiences
is on the action
the Commonwealth.
But
these
of of
stereotyping
did not define
365-day period has elapsed. If the trial judge rules
who
entered
the
courthouse
that
morning.
He
was
not
Thus,
a
constitutional
argument
should
be
forwarded
me
as
a
person.
I
remain
true
to
my
own
tradition and
against you and subsequently the Commonwealth
a delay
prejudiceswords
a defendant
and that
delay was
impressed, and he was not persuaded. In fact, he became whenthe
inspirational
of
Professor
Entrikin.
It is worth
causes
another substantial period of delay, file
caused
by
thethe
courts.
more irritated and continued to yell at me. " I said go primarily
noting
also
that
vast
majority
of
the
District
Courts
a new
Rule
600 motion
based
on this
additional
600(D)(1).
back
outside
and take
off your
jacket.
Are you a lawyer? 6 Pa.R.Crim.P.
in Erie Rule
County
treated me with decency and accorded
timeJust
andbecause
litigate you
it prior
any not
trialmake
to preserve
an Go
dresstodoes
you a lawyer.
me the respect of an attorney. One judge in particular,
back outside,
take off your
jacket. "
here to view
and/or
printonthe
objection
to the additional
time
period.Finally, one of the Click
a grandfather,
routinely
gave advice
how to sleep
other Sheriff Deputies spoke out saying, " Why are you

full
notes
section
forHethis
article.
when
you are
a new dad.
is a good
judge and friend.

* At the
Rule to
600him
hearing,
afterWe
theknow
defense
has Sunwabe
talking
like that?
Attorney
His entire chamber is similarly kind. Likewise, most of
he is our
friend. "
His that
response
was one of the agemadeand
a prima
facie
showing
the defendant
the district judges and staff treated me with respect.
old been
excuses,
" I do to
not
know
him,365
anddays,
I haven't seen
has not
brought
trial
within
Nonetheless, there are those in the county who think
him in the past. " I countered his remarks by letting him
that I am a criminal defendant. I cannot change their
the Commonwealth bears the burden of proving
know that he did not have to know me personally to
minds. I can only go on trying to be the best lawyer that
that treat
they have
nonetheless
with
me with
respect. I acted
went on
to diligence.
point out that if I
I can be. Even now, I want everyone to know that I am a
This means
that after
has dressed
made such
were a white
man the
fromdefense
Pittsburgh,
as I was and
Katherine
Ernst is an
lawyer and not a criminal
defendant.
coming
court in Erie,
have treated me with
a prima
facietoshowing,
it is he
thewould
Commonwealth
appellate attorney with the
disparaging
my child because
who respect.
should He
be was
required
to put me
on before
its evidence
Montgomery County Public
he considered me to just be another black man. In his
and the defense should only argue after the
Defender's Office. She
head, I fitted his stereotype.
Commonwealth has done so. Essentially, a Rule 600
handles appeals from all
hearing
proceed
in form
Toshould
say I was
furious
wouldalmost
be anidentically
understatement.
Kwalonue
Sunwabe,
units,Charles
juvenile
to homicide,
I mustered the
courage
asked asks
for ayou
meeting with
to a suppression
hearing.
If and
the judge
Jr., is a criminal defense
and she also formulates
the President
of Erie County. I explained
to argue
prior to Judge
the Commonwealth's
evidence,my woes
attorney in Erie, Pennsylvania.
legal He
strategy
for pre-trial
was disturbed by what I was telling him.
is a survivor
of the St. Peter
maketoithim.
clearHe
that
you could not possibly argue
Prior to this meeting, the President Judge had always and trial units. Katherine graduated Magna Cum
Lutheran Church mass massacre,
on behalf
of
your
client
until
you
know
what
the
treated me and my family with respect, kindness, and
Orleans
whichNew
occurred
at the outset
Commonwealth's
evidence
diligence
is.for the Clerk of Laude from Loyola Law School,
a sense of assurance.
Heof
instantly
sent
of theShe
Liberian
Civil War in July
practiced
the Criminal Division. While waiting for Mr. Cathode's in 2007 and was on law review.
* If thearrival,
Commonwealth
appears
at the
Rule 600
1990.
He lost his mom,
he continued
to express
his disappointment!
I sat at Kaufman, Coren & Ress in
Philadelphia
out little
hearing
and does
not present
evidence was
thatupsetting
brother
and
sixteen
motionless.
Recounting
myany
experiences
of law school, and thereafter did work in therelatives.
it acted
instance,
they did not
andwith
this diligence-for
was not lost on
the Honorable
Judge. He
Sunwabe, Jr. is a graduate of The George Washington
intersection of horseracing law and §1983 for a
instructed
Mr.
Cathode
to
send
letters
to
each
Magistrate
University (BA 2000), The Catholic University of America
bring in the officer to testify to the attempts made
of years before following her passion
Judge
the countythe
letting
them " know that
Attorney number
(MA 2003) and Washburn University School of Law (JD
to find
andinapprehend
defendant-argue
that
Sunwabe was here, and he is one of us. " I was thankful for indigent
criminal defense.
2009).
they to
have
not met their burden because the burden
the judge. My respect for him was elevated. He took
of proof
includes
the burden
of production
additional
measures
to ensure
that I was and
visible in the
Share this article
arguments
counsel
are treated
not evidence.
county of
and
that I was
with the same respect as

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For the Defense - Vol. 5, Issue 4

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