Jim Farrell and Mike McGuire in Action

by: Bill Liblick

A trial took place last week that piqued my curiosity. A man was being tried for a sex crime against a severely mentally challenged girl; the prosecutor on the case was Chief Assistant District Attorney Jim Farrell, while the defense attorney was Mike McGuire.

Farrell and McGuire have both said they intend to run for District Attorney when Stephen Lungen retires. This trial provided the unique opportunity to see them in action.

The subject matter was also of importance to me. Having a sister and cousin who are both severely challenged, my blood boils hearing of someone who could abuse these loving helpless victims in any shape or form.

I decided to attend the closing arguments.

As McGuire and I entered the courthouse, he told me the case was difficult and draining.

Farrell sat down with me and discussed the trial. Those who know Jim know that he is a man with extraordinary standards, morals, and family values. He takes crimes against the helpless very seriously. He said there was no question in his mind that the defendant was guilty and desperately wanted to see him convicted. 

As the courtroom filled with family members and other observers, Judge Frank LaBuda entered, the Jury was seated, and the proceedings began.

LaBuda has a striking presence on the bench. One gets the immediate feeling that Sullivan County residents are well served with him being there.

The trial at hand involved Daniel MacLean, accused with sexually abusing a teenager born profoundly disabled. It was alleged he “forcefully” removed her clothing and placed his tongue on her breasts.

The defense argued MacLean did not “forcibly” remove any clothing, but instead contended the girl liked to undress, and saliva found was due to a sneeze.

McGuire was bold, disciplined, and compelling. He maintained there was no “physical force” and therefore the defendant could not be convicted of “forcible compulsion.” In a very delicate and almost convincing manner he attempted to discredit testimony given by the victim, witnesses, and police. There was no way I thought Farrell could be more persuasive, but boy was I wrong.

Farrell faced the jury and charged that the MacLean violated the victim for his own sexual gratification. He contended that “force” towards a helpless victim was far different from “force” as we know it. In displaying a turtleneck sweater, blouse, and sports bra he angrily charged there was “no way she could remove the clothing without force.” Farrell was so emotional, persuasive, and mesmerizing that he brought tears to my eyes and chills up my spine.

The jury began deliberations, while LaBuda proceeded with his normal calendar.

The jury came back twice asking for definition and clarification on “force.” It was clear they were deadlocked. LaBuda said they had to depict the terminology from the law and that there needed to be legislation to further define “force.”

As the hours ticked it became nail-biting time. Farrell and McGuire were both nervously awaiting the verdict. Four hours later the decision was in, guilty on all counts.

I asked McGuire how he could represent someone charged with such a crime especially when he was planning to run for District Attorney knowing it would not be popular. He said he took the case “to insure that everyone who is accused of a crime is provided with constitutional protections.” He added there was “no joy” in these types of cases and that “the emotional investment was more than anyone could ever imagine.” 

Farrell told me, “that little girl deserved justice and today she got it. The weak, vulnerable and helpless need protection and that is the business I am in.  While it took an awful lot out of me emotionally, in the end, when justice is served I can go to sleep knowing I have done the right thing.”

McGuire still insisted there was no proof of “force” and indicated there would be an appeal. He added, “Jim did a very good job and I told him he did.  I guess I did a good job as well, because Jim told me I did.”

If this trial is any indication, the race for District Attorney will be a lively and formidable one to say the least.

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