The Mort Report said:
I'm surprised no one has brought this point up, but the first thing I thought about that letter was it was written and "leaked" on purpose. I get this feeling that his lawyers made him write this, and AH's "pen pal" is someone they had leak the letter to show that behind the scenes he is proclaiming his innocence. Especially making the whole "keep this off social media" seems forced and placed. I'm sure also his lawyers check everything he sends to make sure he says nothing incriminating, and if he truly wanted that to stay quiet, I cant imagine his lawyers letting that leave his cell. Anyone can get in front of a camera or microphone and say they are innocent, but having something that was supposed to never be seen is just too perfect. I can almost guarantee this is a play by his legal team. Jury selection has not happened and all it takes is one (dumb) juror to read into that letter as being heartfelt and true
AH may or may not have written it, but I doubt it was a "lawyer approved" communication. This has "jailhouse lawyer" written all over it - the phrases, the tone, the vague admission of wrong doing, the "I've learned my lesson and will change" sentiment, etc.
Attorneys have
very little control over what people do when they're in jail. I've given clients the comprehensive "If you say shit to anyone, you'll be spending the next 20 Christmases getting cards in prison" speech. It's part of the standard initial client briefing. Then I go back to my office with an appointment to see them in two weeks. Meanwhile, some idiot they share a cell with convinces them that they've got a really good plan for dealing with the situation. Some of my clients listen to me, while others have gone on to say the most amazing self-incriminating things to jail snitches, to friends or family on the recorded jail phones, or, worse, to write them in letters to the judge, which automatically become part of the public record.
I think my favorite one was for an interlocking probation violation/new felony charge, which involved tampering with a witness. So post-speech, my client proceeds to "cleverly" use somebody else's jail phone number to call out of jail and ask a friend to do whatever was necessary to buy off or intimidate the witness (the one who was initially tampered with). The prosecutor played me a recording that went as follows:
Defendant: "So I want you to go over to her house and give her some money - remember she can't tell the cops anything."
VoiceOver: "You are calling on the County Jail's telephone system. All calls made on this system are recorded. Whatever you say can be used against you. . ."
Defendant's Buddy: "Uh, I don't know. . ."
Defendant: "Man, I hate that recording. Anyway, it's not rocket science - you just give her what she wants, and if she says no, tell her that it'll be in her best long term interests not to talk to the cops or to show up at the trial."
I kid you not. The Defendant's Buddy actually went through with it, the witness called the detective on the case, the detective arrested the Buddy, the Buddy rolled and turned over his phone records, and the detective then got a copy of the outgoing call from the jail. (Nice work on his part.)
So, the prosecutor asked me (tongue in cheek) if I'd record the conversation I was about to have with my client, as a special favor to him, because, "I have no idea how you're going to break the news to him." I promised I would use the phrase "It's not rocket science" when discussing the plea offer (which was still, amazingly, on the table.)
