Judge Aneta had a lot of questions about how a judge can control the courtroom in an adversarial system while being fair to both parties and not showing any preferences. Good luck Judge Aneta!! I am not sure they fully appreciate here what it will mean to have a zealous, adversarial criminal defense lawyer mucking up the proceedings. Should I let it be a surprise? I try at least a little bit in meetings to be argumentative and obnoxious just so they get a little taste- not everyone likes surprises.
Friday, March 8 is International Women's Day - having originated in the US, it is celebrated of course everywhere but in the US. Jelena says that in Macedonia, the men walk about with roses and poems and candy for the women. The women usually just go out by THEMSELVES for coffee or lunch. Jelena will go to Istanbul with friends for the day. She does not understand why the men feel they only have to walk around with roses for us only one day of the year- the cheapies!
What do people do here for fun? They get in their cars on the weekend and drive to another country- mainly Greece! Romana from Croatia told me about a $20 USD tasting menu at a local winery- five course meal with each dish paired with a different wine. That, I think I would do. I am already preparing a "wine cellar" for David's visit. Each time I go grocery shopping I bring home a few more small $2 - $3 bottles of delicious local Macedonian wine. Luckily I have several bedrooms for storage, albeit seriously not climate-controlled. The big deal here is the local, homegrown tomatoes. Unfortunately, I will be leaving before the harvest ripens.
A few days ago, Jelena and I were able to tour the only forensic lab in Macedonia, thanks to Slobodan Oklevski- head of the lab and one of our local trainers. Sloboan is extremely knowledgeable, courageous and friendly. I am featuring him in my "success story" - for the ABA newsletter- Slobodan is very excited that he will profiled in an "international" forum. I did not have the heart to tell him I'm probably the only reader. Well, I will make David read it too.
The Innocence Project – Skopje Style
“I acquit the innocent”
These are his
words but no, Slobodan Oklevski, Ph.D. is not a judge or criminal defense
lawyer. He is an assistant professor of criminalistics and head of forensic department
in Skopje, Macedonia’s forensic laboratory – the only forensic laboratory in the
country. With a wife and an energetic infant who, like her father, hardly
sleeps, Slobodan works at least six days a week and likely drinks as many cups
of coffee a day. A former police officer from age 17 and trained as a lawyer,
Slobodan has been working to transform an outmoded facility into a modern,
internationally accredited laboratory.
“To do justice.”
That has been
Slobodan’s personal mission since he became head of the lab: to convict the
guilty but only the guilty. As Macedonia transforms its legal system from
inquisitorial to adversarial under the Criminal Procedure Code (CPC), newly in
effect since December 2013, Slobodan is not confused about his role. He is a
neutral scientist using technology and facts to search for truth.
He has a special
concern about preventing evidence from being contaminated when first collected
and in making sure the police and prosecutors understand what evidence should
be collected and tested to reveal accurate, probative findings. At trainings
for prosecutors, he will make them don protective clothing. He has them
simulate gathering evidence so that they can fully understand the process –
although some of the highly-educated professionals complain about the
discomfort, smell and proximity to blood and dirt. He is concerned about
efficiency. He notes that inefficient forensic analysis of items simply because
they were collected at a crime scene is an expense his country cannot afford, especially
with a backlog of requests for expensive DNA testing.
Slobodan has
made the following a priority: redoing how the lab processes incoming evidence,
how the lab stores the evidence and who may gain access to the evidence. Uniform
and standardized procedures still need to be fully instituted. The quality of
the scientific testing is high: however, the chain of custody lacks rigor. On
his desk, Slobodan has samples of forms and procedures from forensic labs from
places like Northern Ireland: he has copies of scholarly articles, such as one
on fingerprints, which he authored.
“They don’t always like us.”
No, Slobodan is
not unpopular because he is a public defender representing the accused. But he likes
everyone to understand that he will not allow the lab to become a rubber stamp
of the prosecution. For this reason he knows that not everyone likes what he is
doing.
“The criminal defense lawyers are so excited to
learn.”
Not only is
Slobodan transforming the forensic lab into a place where facts preside,
through funding from ABA ROLI’s Macedonia Defense Bar Program, he is a local
trainer for the criminal defense bar. In the past, criminal defense lawyers had
a limited role in criminal trials - the judges conducted the investigation,
examined the evidence and assessed it with little or no input from the defense.
Now that criminal defense lawyers have the role of conducting their own
investigation for their clients and the opportunity to both cross-examine
expert witnesses and hire their own, for these lawyers forensic training is
crucial.
At least several
times a year, Slobodan leaves his desk in the afternoon to spend four hours on
each of two days teaching criminal lawyers about forensic science. Not only
does he provide a lecture on fingerprints, DNA, ballistics, blood spatter,
handwriting analysis, toxicology, footprints and other types of trace evidence,
he encourages the lawyers to assert their rights under the new CPC. At
trainings, he cannot sit in his assigned spot by his laptop: he must have a
hand-held microphone as he roams about the room, asking and taking questions
from the criminal defense lawyers – even if the criminal defense lawyers are
mainly complaining once again about the judges, police and prosecutors.
He tells the
lawyers to come to the crime scene and watch how the evidence is being
collected, to visit the lab and to be prepared to actively cross-examine the
experts, even himself. The criminal defense lawyers participating in these ABA
ROLI trainings uniformly give it the highest rating. In their comments, they
have asked for even more - for a new round of ABA ROLI advanced forensic
trainings. Slobodan trains the criminal defense bar on what to ask and how to
ask it – expertise that can only be gained from being trained by someone like him.
In Macedonia, the criminal defense bar comprises private lawyers who taking
paying clients or receive fees set by the government – a public defender system
does not yet exist. Aside from ABA ROLI in Macedonia, forensic training would
not presently be provided to those who practice criminal law.
“We will tear down these walls.”
Slobodan is
overseeing both expansion of the storage capacity of the lab and new, secure
means of evidence being deposited in the lab from regional offices. In the
basement of the laboratory, several walls will be torn down to greatly expand
where evidence, in sealed bags, will be kept in a secure and climate –
controlled environment. Evidence will receive a unique barcode when collected
and at each stage of the forensic process that same barcode will be attached to
a corresponding form and report.
Macedonia is a
small country- about two million people. As the country prepares to one day
enter the European Union, ABA ROLI helps provide the expertise and experience
for Macedonia to meet international standards. As ABA ROLI provides trainings
to prepare the Macedonian criminal defense bar to zealously defend the accused,
Slobodan has both been inspired by ABA ROLI and, as a local trainer, inspired
others. In the U.S., we like to tell ourselves “where there’s a will, there’s a
way.” In Macedonia, it may be that “where there’s Slobodan and the ABA, there will
also someday be a way.”
Slobodan- he refused a candid shot and insisted I use his "official portrait." The ABA will not be pleased.
Our trial advocacy skills training on International Women's Day. This is a big holiday here and everyone wishes you a happy holiday!
One of our local trainers, Ruzica. Like many people here, for Lent she will not eat meat or anything made from animals. People here are surprised and skeptical of the idea that you can choose whatever you want to give up.
The certificate ceremony. In China an event has not happened unless it is photographed: here, it has not happened unless official, signed certificates have been awarded.
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