Oppostion Research-Why Defense Lawyers Should Care

Opposition research (oppo) is the art of defining a challenge. How can you possibly know the scope of any potential adversarial interaction if you don’t know all there is to know about your opponent? Oppo is generally conducted by political consultants and corporate reputation managers who dig into the background of potential political and business adversaries. Opposition researchers also dig into their client’s backgrounds in preparation for high-profile political and corporate activities. It’s the surest way to find out what’s out there about your opponent and yourself, for better or worse.

Criminal defense attorneys are at a distinct disadvantage when they fail to research their legal adversary, the district attorney. District attorneys are not the mere representatives of the State. They are in fact politicians–bought and paid for by tax-exempt political donations. They have political ambitions, and if you think they leave those ambitions at the courthouse door in order to pursue justice—think again. All district attorneys want to further their political careers, and they don’t get elected judge, or even better, attorney general, unless they bring their politics into the courtroom with them. What you don’t know about the district attorney you’re dealing with could cost your client their freedom and you your reputation as a criminal defense attorney. Case in point: State of Wisconsin vs. Christopher A. Wicks

Wicks and his wife face serious charges stemming from an alleged sexual assault of their teenaged babysitter. The attorney of record for Mr. Wicks is John Reid, and unbeknownst to the good counselor, the Taylor County District Attorney has a secret, but serious advantage over the defense. The charge here is that the couple seduced the teenager by using a combination of suggestion and manipulation, or as the District Attorney calls it–hypnosis. The District Attorney, by his own admission, uses hypnosis as a  tool to dominate his sex partners. He knows exactly which questions to ask the alleged victim. Further, because of his knowledge of the field of hypnosis, he knows how to lead any witnesses, especially the alleged victim.

It’s also unlikely that the District Attorney will offer any plea deal in this case, either. If he’s into deviant sexual behavior such as submission and domination, it’s possible that he enjoys the sordid details and wants to keep the case alive for his own personal fulfillment. So what could a defense lawyer do with this information? They could file a motion to dismiss the prosecutor for prejudice. The Taylor County District Attorney has the same desire to control sexual partners as the defendant, and while the alleged victim in this case was under 18, making her seduction far more serious, certainly someone who openly practices submission and domination has no business prosecuting another for the same deviant behavior. Hypnotizing a woman so she will submit to you sexually is perversion, no matter how you slice it.

To make matters worse, the Taylor County District Attorney is also the head of the local chapter of the Republican Party—the family values party. So, he wants to be seen as a no-nonsense defender of traditional family values, and prosecuting cases with high shock value will ensure he moves up the party ladder. If you’re a defense attorney armed with this information, you’re probably going to change your strategy accordingly. But if you were to go into this blind, you and your client would be shellacked by the Dominator. Just because he doesn’t bring the whips and chains into the courtroom doesn’t mean he’s not going to spank you. For those into sexual domination, the spanking doesn’t have to physical in order for them to enjoy it.

For more information on opposition research, and how I can help you, your client, or your organization by providing you with a complete report, including Internet aliases, blog posts, forum comments, video, images, and other information to help you define your opponent so you can identify a strategy, click here.