Blaine E. Grimes Summer Grant Recipient

Shan Song
Legal Aid
Legal Aid Society of New York Criminal Defense Practice, New York City, New York, USA

It was my honor to become an awardee of the Blaine E. Grimes Summer Research Grant this year. My internship experience at the Legal Aid Society of New York Criminal Defense Practice Manhattan Office has enabled me to expose myself to a crucial field of public service—free and quality legal service—and also furthered my interest in law. The respect now I feel about law and the affection I now feel for criminal justice did not occur overnight after watching a documentary; rather, it was nourished after nine weeks of doing crime investigations, shadowing attorneys, and communicating with fellow interns. After the first week of intensive training taught by professors, senior attorneys, and staff investigators at Legal Aid Water Street office, all the interns were sent to their assigned offices in each borough. There were twelve investigator interns in Manhattan office; I was the only international student and also the only one from a liberal arts college.

I observed my first client interview in the criminal court just a few days after I started my internship. I followed a legal aid attorney to the back of the courtroom. She called out the client’s name. Even though people locked up there were talking very loudly, the client immediately recognized his name and said “Here! Here!” We went into a separate room and the client came to the “steel net.” He was 18, not eligible for youth offender status. The charge said that he grabbed a girl’s cell phone by force and kept it in his possession. The whole time he was explaining to us what actually happened, he tried to put his fingers through the holes in the net to point at the charge. While I was standing by the attorney, he also looked up into my eyes once in a while, seeming to say that “Help me! That was not what happened.”

Even today, the scene that the young man behind the net trying to put his finger through the holes and pointing at the fuzzy words in that dark room still perturbs me; it is almost unbearable to see the restraint that has been imposed onto someone who may or may not deserve a minute of being locked up. Liberty can be taken away so easily, maybe simply because your neighbor wanted you to go to jail, and so quickly, maybe just seconds after you touched your classmate’s cell phone. The crucial role defense attorneys at the Legal Aid Society play in the system is indubitable. Without them, many marginalized people would not have representation in front of the judge, have someone to dig out the true story and fight for their rights, and prevent liberty from being taken away from their clients unjustly.

The inspiring interview that I described was preceded by extensive and intensive training on criminal defense practice and juvenile rights practice and was followed by more than eight weeks of investigating in the field, shadowing attorneys in court, and working on other projects. The seven-day training covers the basics of the criminal justice system in the United States, the path of a case in both criminal defense practice and juvenile rights practice, the roles of investigators, and how to effectively conduct investigations. Many of the materials that were crammed into my mind in the first week came up again later in my internship. For example, when I was observing my assigned attorney at felony arraignment, many times I refreshed my memory by listening to the attorney explain the court procedure to clients to let them know what to expect as cases go on, such as grand jury in four to five days, supreme court arraignment, hearings, and trials. Almost all of the clients at arraignment are eager to know whether they can get released that day. However, considering the client’s criminal record, character of the charge, community ties, previous court appearance, and many other factors such as immigration status and residence, the DA would request bail and the judge would set bail to make sure they come to court the next time they are called.

In addition to learning about the procedure, system and cases, the human features and the complexity of each case greatly appealed to me. I investigated a case in which a seventeen-year-old boy was charged with assault in the second degree and resisting arrest. It took many phones calls during the day and night to get in touch with some witness who might be able to provide us a video tape that could help reduce his case to a misdemeanor. In contrast to the resistance on the phone to tell us more about the case, the witnesses I interviewed when I went up to Harlem to get the tape were extremely friendly and helpful. They all knew Legal Aid and were very relieved that we were helping the young man in the case. I also learned that the police who arrested our client in the case had been randomly arresting people in that neighborhood for years; two of the three people I talked to were arrested before for loitering and trespassing. They paid the fine because they did not want to go to jail. While we were walking out together with a 16-year-old witness, she told me that she wanted to be a detective in the future, fighting for justice for people in the community. Every time I talked to a person during investigation, I found out about the deeper story beyond the police report, the various human faces involved, and the hope and trust Legal Aid has built up in the public.

In addition to conducting interviews, serving subpoenas, taking photos, drawing maps, and checking for surveillance cameras, I also had the opportunity to transcribe radio runs, videos, research social programs for sex offenders and welfare program for clients, and learn from other college and law interns. I felt I could learn everywhere in the Legal Aid office. For instance, one afternoon, I got back from investigations. A law intern and I started a conversation regarding the conditions that constitute an attempt in a sex offense. He read me some note from former intern in a similar case, and we imagined many scenarios that the judge may ask about in the court the next day.

An indispensable part that rendered my summer great at was the enriching experience I had with all the attorneys. Even though they have more than a hundred cases at once, they were very approachable and willing to teach me. For example, when I was observing attorney Sueanne Co catching one day, I had many questions about bail and ACD. Whenever she had a break from catching, she patiently explained to me voluntary return after missing a court date, forfeiting bails, timeline of posting bail, parole and ACD. After she finished catching, she even sat down with me in the lunch room and shared with me her journey to be a criminal defense attorney. It definitely takes lots of courage and commitment to work for Legal Aid and fight for the rights of our clients.

I also saw a DWI trial by attorney Martin Morris. There are lots of details about breath tests and physical observation tests I wasn’t sure about; the attorney answered every one of my questions carefully when the case adjourned for lunch break. Interestingly, I learned about the trial because the attorney needed me to find a court reporter and bring him in at the last minute.

I went to court with attorney Natasha Roche many times. Each time, I was amazed at how complex the case can get and how quickly the attorney must respond and how much responsibility an attorney feels for each client. One of her cases involved some delicate issue about the client’s immigration status, so she had to decide quickly and carefully what to say to the judge so the client would not risk being released and deported by immigration people. Shouldering the liberty of clients is not easy task, especially when you have to make decisions as to what to do promptly.

Of course, this internship at the Legal Aid Society is just about seeing the real society and defending the constitutional rights of indigent people in the New York City as much as about learning. If it was not because of talking to our clients, I would not be able to learn how desperate people are when they are denied liberty, and how much they need someone to fight for them in the system. If I had not seen the broken arm and bloody nose of a client in jail, I would not be able to realize how erroneous the police report can be and how brutally the clients were beaten up in the precinct. If it was not because of investigating in Bronx and Harlem, I would not be able to know how strong people’s desires to tell their stories are. If it was not because of the trials I observed, I would not be able to know how important an attorney’s creativity and knowledge is in saving an 18-year-old client from seven years in state prison. And if it were not because of this internship, I would not have realized so early why it would be so enriching and worthwhile to do public interest work.

Thank you for awarding me this grant.