07/27/2026
Every case has three stories. Most attorneys only tell one.
What happened. Why it happened. What can be done about it.
When I mentor younger lawyers, that's the first thing I tell them.
The prosecution owns the first story. They're going to tell it clearly, repeatedly, and with evidence. Your job is to make sure the other two stories get told.
Diminished capacity lives in the second one.
Behind every case file, every docket number, is a human being. And in most of these cases, the mental deterioration started long before the arrest. Long before any of this landed in a courtroom.
Trauma. Addiction. Environment.
Brain chemistry that was working against them before they ever made the decision that brought them here.
Mental illness doesn't always look like what people expect. It's not always obvious. Sometimes it looks like silence. Sometimes it looks like anger. Sometimes it looks like a string of bad decisions that nobody around them thought to question until it was too late.
That's what diminished capacity asks the court to see. Not an excuse. The actual why.
When you understand why something happened, you can start talking honestly about what should happen next.
That's not soft on crime. That's just accurate.