2015.01.25 【英译中】 细心的Judy最大的挑战...(2)

发表于:2015-01-31 17:44 [只看楼主] [划词开启]

Judge George O’Toole, who is overseeing the proceedings, overruled the request. At the same time, Clarke’s attempts to strike a plea deal with prosecutors that would allow Tsarnaev to plead guilty in exchange for life in prison have gone nowhere. Clarke’s string of death penalty successes is unparalleled — she successfully negotiated pleas for many clients, including Loughner and Kaczynski — but she is now facing the greatest challenge of her career. 

法官George O'Toole就是那个支配请求的那个人并且负责监督过程.同时, Clarke正尝试着向原告提的那个让Tsarnaev认罪来换取在监狱的余生的请求已'无路可走'.Clarke对于解决死刑判决的能力是盖世无双的-她成功地为许多客户,包括Loughner和Kaczynski,解决了这个问题 - 但是她正面临着她职业生涯的最大挑战. 

But those who have worked with her say that if anyone can save Tsarnaev's life in the face of what appears to be overwhelming evidence pointing to his guilt, it is Clarke. “So far, he’s just been this face, someone accused of committing a crime, but she will make him a real person, a living, breathing person,” said Quin Denvir, a California defense attorney and former public defender who worked with Clarke on the Unabomber case. But it’s not just Tsarnaev she will humanize. “She’ll bring out the humanity in the jury,” Denvir said. “She’s very good at making people consider their own values and what they believe. Twelve people have to say let’s kill him, and that’s not the easiest thing to do.” 

但是所有和她共事过的人都说,如果有谁能在当下这种铁证如山的证据证明Tsarnaev的罪行的情况下去救他一命,那么就只有Clarke了."目前为止,他已经成为了一个被指控犯了罪的人,但她将使他成为一个真实的,活着的,呼吸着的人,"Quin Denvir说,他是加利福尼亚被告辩护人和前公设辩护队一员和Clarke一起参与隐形炸弹人案.但是她将赋予人性的人不止是Tsarnaev."她将把人性带入审判中"Denvir说:"她很擅长让别人思考他们的价值以及他们的认为是对的东西. 12个人不得不说让我们杀了他吧,并且这不是一件最简单的事." 

Known as “Gentle Judy” on the legal circuit, Clarke, 62, is a low-key attorney who comes across as more motherly than flamboyant. She wears simple suits and flats in the courtroom, and her face appears to be free of makeup. In the 20 years since she gained prominence as Susan Smith’s attorney, Clarke has worn her brown hair in the same no-fuss pageboy haircut. 

被誉为在"高尚朱迪"的Clarke今年62岁,是一个低调的律师,比起自信引人注意来说,她更像慈祥的母亲.她在法庭上穿着简单的套装和低跟鞋,脸上完全没有化妆的痕迹.从她成为Susan Smith的律师而变得知名后的20年中,Clarke一直是那种一点也不凌乱令人讨厌的内卷式发型. 

Unlike some in her field, Clarke shuns the spotlight, rarely speaking to reporters — including this one. She has given only a handful of interviews — none recently — preferring instead to focus all her energy on her clients. Clarke

不像在同行当的其他人一样,她刻意地回避媒体,很少向报道者说什么-包括这个.她只是在过去参加了一个很少的访谈,她更喜欢将注意力全部集中在她的客户身上. 

Clarke was born in Asheville, N.C., one of four kids in an ultra-conservative home. Her father, Harry, who was killed in a plane crash in 1987, was a prominent GOP consultant for companies trying to stave off the unionization of their workers and an adviser to Sen. Jesse Helms. Her mother, Patsy, was a homemaker who occasionally taught drama classes and performed in community theater. Though they often hosted John Birch Society meetings in their living room, Clarke’s parents encouraged their kids to think for themselves, and the family held passionate debates around the dinner table, which Clarke later credited as preparing her for a life as an advocate. Clarke

出生于北卡的阿什维尔的一个特别保守的家庭,她是四个孩子中的一个.她的父亲,Harry,在1987的飞机事故中丧生.他是终身共和党顾问为许多公司服务,他的目标是防止工人抱团,他也是Sen. Jesse Helms的顾问.她的母亲,Patsy,是一个主妇,她也偶尔教一下戏曲课程,在社区剧场演出.尽管他们时常在客厅主持John Birch交流会,Clarke的父母鼓励他们的孩子去自主思考,家中也围着餐桌举行他们酷爱的辩论会,这也后来被Clarke认为她职业生涯的预备. 

The family motto, Clarke told The Spokesman-Review in 1996, was “Be what you can be, and be the best you can be, whatever it is you pick to be.” By the sixth grade, Clarke had a general idea of her future. Her mother had spent a summer teaching Clarke and her older sister “crocheting and the Constitution.” “For my sister, the crocheting stuck, and for me, the Constitution stuck,” Clarke told the paper. “I wanted to become either the chief justice of the Supreme Court or Perry Mason.” 

这个家庭的座右铭是,Clarke在1996年对Spokesman-Review说"做你能做得,要做得最好,无论这是不是你选择的."在Clarke六年级时,她对未来有了个主意.她的母亲花了一个夏季教导Clarke和她的大姐"针线活和基本的法律"."我的姐姐学针线活,而我学法律"Clarke对报社说."我要么成为高级法庭主法官要么成为像Perry Mason那样的犯罪辩护律师" 

Clarke went to Furman University in South Carolina, where she met her husband Thomas “Speedy” Rice, an international human rights lawyer. After getting her law degree at the University of South Carolina, she and Rice relocated to the West Coast where she worked as a federal public defender in San Diego and then in Spokane, Wash., before returning to Southern California. But Clarke returned east in 1994 when she was recruited to join Susan Smith’s defense team — the case that first gained her a reputation as the “patron saint of defense attorneys” and a “one-woman dream team,” as USA Today once referred to her. Clarke

去了南卡罗来纳州的furman大学,那是她遇见她丈夫Thomas (speedy) Rice的地方,他是一个国际人权律师.在她得到大学法律文凭后,她和丈夫去了西海岸,在圣地亚哥成为一位联邦公设辩护者,然后在回到南卡前又去了斯波坎和,华盛顿.但Clarke在1994年因被聘加入了Susan Smith's辩护队的一员而回到了东部-而在这她第一次获得了'辩护律师神圣守护神'以及如当今USA这么称呼的"一女人梦幻队". 

That same year, Clarke’s younger brother, Mark, died of AIDS at age 31 . Not long after, Helms was quoted in the media saying those who had died of the disease had brought it on themselves. When her mother was upset by the comments, Clarke encouraged her to write to him and stand up for her son and others like him — since the senator had been close to her father. Helms offered his condolences, but the family was infuriated when he told them Mark had played “Russian roulette in his sexual activity.” In 1996, at age 67, Patsy Clarke, with her daughter’s encouragement, launched a high-profile campaign to unseat Helms. She lost but, at the same time, became a prominent AIDS activist. 

同一年,Clarke的弟弟Mark在31岁死于艾滋病.不久之后,Helms在媒体中说的被引用--这个病是来自他们自己身上. 当她的母亲因评论而不高兴时,Clarke鼓励她的母亲,希望她母亲能够写信给他并支持儿子和其他像他儿子一样的人.自从她父亲从参议员的位子上下来之后.Helms为此表示哀悼,但整个家庭因他说"Mark在性活动中玩俄罗斯轮盘"而被彻底激怒.1996年,67岁的Patsy Clarke,在她女儿的鼓励下,开始一场引起关注的运动,想要将Helms拉下马.她失败了,但同时她也成为了终身艾滋病宣传活动者. 

By then, Clarke was back in the courtroom, tapped to represent Kaczynski, who was hostile to his attorneys almost from the get-go. He was angered by their efforts to craft an insanity defense when he insisted he wasn’t crazy. But Denvir recalled Clarke working tirelessly to earn their client’s trust. She visited him in prison almost daily — more than anyone else on the team — in an effort to understand who he was and what had motivated him to build and send bombs around the country, killing three people and seriously injuring 23 others. 

此后,Clarke回到法庭,她被鼓动去代表Kaczynski,这个人对他的律师几乎一开始就怀有敌意.他的律师总是企图以神经病为由来辩护,但他坚持他没有,他因此而愤怒.但Denvir回忆说Clarke不辞辛劳地工作,来换取她和客户间的信任.她几乎每天在监狱中访问她的客户-比她队里所有的人都多-她的目标就是去理解他是一个怎样的人,是什么动机使他在不同地区设置安放炸药,造成3死23重伤. 

She and Denvir hiked into the remote Montana wilderness to visit the tiny 10x12 wooden shack where Kaczynski had lived without running water or electricity for 20 years and where he’d built his bombs and written the manifesto that ultimately led to his arrest. Later, against the objections of the government, the attorneys trucked the primitive structure to Sacramento, Calif., where the trial was held, in hopes of humanizing Kaczynski by allowing jurors to physically see the strange world he had been living in. 

她和Denvir曾远足去了一趟遥远的蒙大拿的野外,去看看10X12的木制小屋,那是Kaczynski20年居住的地方,没有水,没有电.就在这种环境下,他制造了炸弹,完成了公开计划书,从而被抓.不久之后,在不固政府反对的情况下,律师把那个原始的屋子结构搬到了加利福尼亚,萨克拉曼多,就是开庭的地方,以此希望来将Kaczynski人性化,通过让陪审团亲眼见识一下这名罪犯身处的畸形世界. 

Behind the scenes, Kaczynski continued to battle his attorneys over the question of his mental health. A court-appointed psychologist had diagnosed him as a paranoid schizophrenic, but he rejected it. But even though they disagreed, the bomber had developed a bond with Clarke — which shocked his brother, David, who said his sibling would “shut down” and banish people from his life when challenged. He recalled Clarke, an avid runner, showing him a cartoon his brother had drawn of her jogging through the streets of Sacramento. “He wouldn’t have done that if he didn’t have some bond with her, a level of trust,” David Kaczynski recalled. “It still boggles my mind, given Ted’s history. But their relationship somehow transcended.” 

在此情形之后,Kaczynski继续就他精神健康问题和他的律师作战.一名法庭指派的心理医生将他诊断为妄想型精神分裂症,但他拒绝了.不过即使这样他们不同意,炸弹案罪犯已经和Clarke建立了关系-这把他的兄弟David吓到了,David曾说在他的兄弟收到挑战的时候会将别人从他的生活中消除.他回忆Clarke,一个做到最好的跑步者,向他展示了一副他兄弟画的卡通,卡通中是她慢跑穿过萨克拉曼多."如果他们之间没有一点信任维系的话,他是不会这么做的"david这么回忆道."我兄弟的经历至今仍使我吃惊,但他们的关系超越了界限." 

Still, as the trial began, Kaczynski unsuccessfully tried to fire Clarke and his other attorneys over the insanity defense. As he made the request in court, David Kaczynski recalled Clarke placing her hand gently on his brother’s back — offering him support, even though she disagreed. “To me that said volumes about her ability to connect with a client, a difficult client who didn’t understand his own best interest,” he recalled. “She was more than just a very intelligent attorney. She was a human being with a huge heart who was somehow able to integrate that into her work.” 

在案件刚刚开始时,Kaczynski为精神失常抗辩试图枪击Clarke和他其他的律师未遂.David Kaczynski回忆道,当他在法庭中做了个要求时,Clarke把他的手很绅士地放在了他兄弟的背上-给予他兄弟支持,即使她持不同意见."对我来说这证明了她与客户建立关系的能力,即使是那些刁钻的不懂真正对自己有利的东西的客户."他回忆道."她不只是一个聪明绝顶的法官,她也是一个能够将自己胸怀于工作结合的一个人". 

But even for Clarke, Tsarnaev’s case could prove tricky. The Boston bombing case is expected to center less on the evidence portion of the trial and more on the punishment phase. Unlike most trials, where the sentence is up to the judge, the jury will decide Tsarnaev’s punishment. Clarke is known for her meticulous research into the lives of her clients, trying to find something, anything, that could help win mercy from the jury. 

即使是对Clarke来说, Tsarnaev的案子被证明是十分复杂的.波士顿炸弹案在案件证据上的关注不如在审判结果上的关注.不像大多数案件那样,法官有审判权, 陪审团会来决定对Tsarnaev做出何种惩罚.Clarke闻名于找出她客户生活中很微小的任何东西来换取陪审团的怜悯. 

In many of her other cases, including Kaczynski’s, Clarke was able to rely on help from the family of the accused — whether it was in making public appeals for their relative to be spared from death row or testimony on possible motivating circumstances. In Tsarnaev’s case, it’s unclear how much cooperation his defense team has received from his family, who have been caught up in their own litany of legal troubles. 

在她其他的许多案子中,包括Kaczyski的,Clarke能够依靠被告的家庭-无论是不是因为公众想让,被告亲戚得到宽慰而支持放弃死刑审判,或是提供任何可能的动机情况. 而在Tsarnaev的案子中,能在被告家庭得到的帮助的多少并不明确.因为他的家庭很多自己身上都有案子的麻烦. 

Last summer, Tsarnaev’s older sister, Ailina, who faces trial in New York this spring on charges she threatened to blow up her boyfriend’s ex-girlfriend, told reporters that her brothers had been “framed.” Tsarnaev’s parents, who moved back to Russia a year before the bombings, have repeatedly expressed similar sentiments. 

Tsarnaev的姐姐,Ailina,想要使男友和他前女友告吹而采取威胁手段, 而在今年春的纽约面临官司. 上个夏天,她告诉报道员,她的兄弟'坐牢'?了.Tsarnaev的父母在炸弹案的1年前从俄罗斯搬回来,他们也重复表达了相同的态度. 

As jury selection began earlier this month, Anzor Tsarnaev, the defendant’s father, told ABC News they expect their son to die. “The Americans are going to harm my second son the same way they did to my oldest son,” he said in an interview from Dagestan, where he now lives. “We already know what’s going to happen. Everything is in Allah’s hand.” 

在陪审团于这个月头选举之时,Anzor Tsarnaev,被告的父亲,告诉ABC新闻台说他们期望他们的儿子去死."美国会危害我第二个儿子就像他们之前对我长子做得那样,"他在Dagestan的访谈中这么,Dagestan是他现在居住的地方."我们已经知道会发生什么,一切都在安拉(伊斯兰教的神)的手中." 

Tsarnaev does have one advantage. His case is being tried in Massachusetts, where many people are strongly anti-death penalty. As the court began to question potential jurors last week in an attempt to seat the 12 jurors and six alternates from the pool of 1,350 who were brought in for consideration, individuals, one after another, expressed concern about their ability to sentence for death. 

Tsarnaev有一个优势.他的案子将在马萨诸塞州开庭,那里许多人都是坚决反对死刑的.在上周,法庭开始对可能的陪审团成员做测试试图决定12位陪审团成员及6名替补,他们将从1350个人之中选出,一个接着一个测试,来检测他们对死刑审判的能力. 

Seated next to Tsarnaev, Clarke carefully observed them and took notes, the beginning of what could be a long process aimed at saving the life of someone who has been widely portrayed as a callous killer. There is no higher calling for an attorney, she once said, than to stand up for an individual accused a crime. 

坐在Tsarnaev旁的Clarke小心地观察着,记录着,在这个可能的漫长过程的开始就以拯救一个被大众描绘为无情杀手的人一命.有一次她说,对一个律师来说,已经没有比,支持被指控为罪犯的人,更高的欲望了. 

In a 2010 interview with an alumni magazine at Washington and Lee University School of Law, where she has worked as a visiting professor, Clarke summed up her motivating philosophy as an attorney. “We stand between the power of the state and the individual and in doing so defend the core values of what makes this country great,” she said. “None of us, including those accused of crime, wants to be defined by the worst moment or the worst day of our lives.” 

在2010的一次有华盛顿校友杂志及Lee法律大学(Clarke以访问教授身份工作的地方)的采访中,Clarke总结了她作为一个律师的动机哲学."我们站在国家权力和个人权利中间,如此做来维护那些使我们国家伟大的核心价值"她说"我们没有人(包括那些被指控为罪犯的人)会想被我们生活中最糟糕的时候或者一天来被衡量."

 That presumably includes Tsarnaev.

想来这也包括Tsarnaev.

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