Should You Work as a Police Confidential Informant?

This video explains the risks and benefits of working as a police confidential informant. Visit https://www.gustitislaw.com for more information about informants in drug cases, being a confidential informant, and the best defense attorney in Bryan-College Station, TX.

In this video, criminal lawyer Stephen Gustitis describes the advantages and disadvantages of working as a confidential informant for the police. Since the cops often use informants in drug cases, what should a person consider before making such an important decision. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including whether you should work as a confidential informant for the police.

Use Stories to Create a Great Opening Statement in Court

This video explains why you should use stories to create a great opening statement in court. Since the opening statement is your first opportunity to tell the jury about your case, use stories to help them process and remember the evidence.
In this video, defense attorney Stephen Gustitis describes why using stories is the best way to craft an opening statement in court. Using a story in the opening statement can help guide the jury and place the evidence in context, especially for an opening statement for criminal defense. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to prepare opening statements in court.

What is the Secret Ingredient for a Great Cross Examination?

This video explains the secret ingredient for preparing a great cross examination. It avoids cross examination techniques, rather the video explains how deep creative thought is the key to developing a great cross examination in court. Visit https://www.gustitislaw.com for more information about cross examination and the best criminal defense attorney in Bryan-College Station, TX.

In this video, defense attorney Stephen Gustitis describes his secret ingredient for preparing cross examination in court. Deep creative thought is considered the key to the art of cross examination and for preparing the best cross examination possible. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to prepare the best cross examination.

The Lawyer Who Knows the Facts Best

On December 31, 2012 Brazos County will say goodbye to Bill Turner, probably the best Texas elected prosecutor ever. Turner choose not to run for office this year and retire after more than 28 years of government service to the citizens of Brazos County. 

I know Turner was the best. I worked for him as a prosecutor. I also worked against him over the years. Bill was my boss when I started my career in the early nineties. It was my first job out of law school. He helped trained me and helped me develop my work ethic as a criminal trial lawyer. Bill was also a colleague and an adversary. I tried two death penalty capital murder cases against him. Additionally, Bill was occasionally my adversary when he came to the defense of young prosecutors he believed I was beating up on.  :-) 

I liked trying cases against Turner because he was good, really good. I liked going head-to-head with him because defense lawyers feared him. Turner made me better. He challenged me. I was always willing to battle in the arena with Turner since I knew I'd be the better for it.

Recently, Bill gave me a bit of his time. I stopped by to tell him I appreciated him. He told me something of his plans after retirement and I was excited to hear about them. They sounded fresh and challenging. 

Lastly, I wanted to tell Turner about the most important thing he ever taught me as a lawyer. He taught me much, but I picked just one thing to share. As a young prosecutor, Turner taught me the lawyer who knew the facts best, usually won the case. That simple truth drove me to prepare each case as if it were my last. To know the facts better than the other guy, since I always wanted to win. I laughed with Turner during our visit when I explained that truism did not always hold water for the criminal defense lawyer. I lamented I often knew the facts better than my prosecutor opponent, but still lost my case. 

My parting words to the best prosecutor Brazos County every had were these: "The lawyer who knows the facts best does not always win. But the lawyer who knows the facts best NEVER looks like an idiot." We laughed and agreed that was good enough. 

Lawyers Who Win Cases Should Exercise Their Right to Remain Silent

This week, news agencies reported certain computer evidence was overlooked by the prosecution in the Casey Anthony murder investigation and subsequent criminal trial prosecution. The overlooked evidence included Google search logs for "foolproof suffocation." The Orange County Sheriff's Office was responsible for the computer forensics but failed to advise the prosecution of this incriminating material.

One juror who served on the case told reporters this "new evidence" might have affected their verdict. Questions were raised about whether the government could re-trial Casey Anthony for the murder of her daughter. Some even asked whether the United States Justice Department could bring a federal prosecution despite the double jeopardy clause of the Fifth Amendment to the United States Constitution. Now the pot is stirred and the hornet's nest is abuzz.

But how did this new evidence come to light which has everybody in an uproar? Well, it appears Casey Anthony's lawyer, Jose Baez, opened his big mouth in his book about the trial. Baez told several news outlets his defense team knew about the evidence but did not disclose it to the prosecution.

I have no problem with Anthony's team keeping their mouth's shut about the incriminating Google search evidence. In fact, it's their job to keep quiet since state and federal law demand the government carry the burden of proof in a criminal trial. However, I believe Baez was an idiot for revealing this information in his book. First, it placed his client at risk by encouraging some of the country's top legal talent to take a second look at this case with a view toward a second prosecution . . . mistake. And second, it placed his client in a terribly bad light, since most of the country hated her already for getting away with what they believed was murder . . . bigger mistake.

Lawyers who win big cases should learn to keep their big mouths shut. When things go around, sometimes you never know how they'll come back around. Why put your client at risk? Why stir the pot? If it's to make yourself look good and sell books, that's a mistake. If you stir the pot to protect your client, then that's a different story. But in this case, Baez's book is for self-aggrandizement and making an extra buck. Sorry, but I simply don't respect him for that.

Having Finished a Capital Murder Trial

It's been about two weeks since we finished defending a capital murder case here in Bryan/College Station. My talented co-counsel and I prepared for over a year to defend our client who was charged with quite a heinous murder and aggravated assault. Our defense was unique since we had solid evidence our client was mentally retarded and, therefore, ineligible for the death penalty under Texas and Federal law. 


The jury did not find in our favor, however. But everyone on the defense team deserved much praise and thanks for a job very well done. We were under tremendous pressure and it seemed unending. Everyday there were a 100 moving parts to manage and control. Documents to review, expert witnesses to prepare, subpoenas to serve, client family to tend to . . . in addition to keeping the law practice above water until I could return. My family paid a price, as well. I left before they got up each morning and arrived home after each was already in bed.  It was a lonely time. 


I watched as some of the best cross-examinations I'd ever seen were executed with precision. Thank you, Lane. I knew I could lean on you when the crap hit the fan. That's why I picked you. The capital murder jury selection process was a battle in-and-of itself, too. Days filled with victory and defeat, both at the same time. Every hour a new battle to fight, another juror to save, another juror to get for cause. 


I don't know if I'll ever do another of these. The experience was unequaled. The stakes were at their highest. But the personal cost equally as great. 

You Know What I Miss Most About You?

During my visit to China a few years ago a fabulous Chinese woman, named Louise, was my interpreter. I was there for only a few days but Louise turned out to be so much more. She was my protector, my facilitator, and my friend. In a land truly foreign to me, she helped me succeed and feel safe. I loved her for helping me. In the years to come I agreed to support Louise each month with a small financial contribution to assist in her mission to spread the Gospel of Jesus Christ throughout China. Just lately I agreed to continue my financial support and expressed my desire to return to China sometime soon. Following is a quote from her email thanking me:

I pray that Father could arrange time for you to visit China again soon. You know what I miss most about you? Your tight hug! Chinese seldom hug each other, and I'd never been hugged that tight before. :-)

I hope to visit China again to see and hug Louise once more. And to those of you who I've tightly hugged like this . . . ? You know who you are! It's because I love you, too.

True Trial Lawyering

In this year's edition of Texas Super Lawyers, Attorney Robin Gibbs was interviewed about his 40 year life as a commercial litigator. Gibbs answered a question about the volume of work required to be a successful trial lawyer and how he achieved a work-life balance. Gibbs said,

"One of the happily and sadly inexorable truths about being a trial lawyer is you have to work enormous hours. It is a very interventionist lifestyle and there is just no way around it. If you're not prepared, it's going to show, and it's not going to go well for you. There's just no way I've ever seen to avoid that aspect of it; and that's a lifestyle choice because it ripples through your entire life."

His answer struck a chord with me since my experience as a criminal defense lawyer was the same. The fresh-faced, aspiring young people who cross my path are taught this lesson. I don't know if they learn, but I try my best to teach them the life of a trial lawyer is very difficult. It's often thankless. It often feels like failure. Not many people truly understand the sacrifice we make to perform at our best. And Gibbs was right. If we don't invest the hours our performance will show. The jury might not know. Our client might not know. But the judge will and so will our opponent. It's embarrassing to come up short, looking like an idiot, because we didn't prepare. 

But that won't be happening around these parts. Nope, it never will.

Going Straight for the Heart

My day in court went straight to the heart. The docket was short with the typical Monday morning assortment of expunctions, non-disclosures, and civil matters. If you've hung-out reading my ramblings over the years, you've learned the courthouse is a daunting place. Not many up-lifting things happen as lawyers argue over motions, plea bargains, damages, and the like. However, this morning was remarkably different. Two babies were up for adoption and an army of family accompanied the soon-to-be parents.

I speculated the couple was unable to conceive children on their own. I don't know this for sure, but the way mom and dad explained to the judge the wonder and excitement of the moment lead me to speculate as such. Some old neighbors of mine were in the courtroom taking pictures and beaming, as well. The judge got hugs and kisses. The lawyer got some, too. I was just inches away from the action and felt myself holding back a desire to jump in and get some love, too, just for being there.

It was a wonderful moment, even for a casual observer. I don't recall the last time I witnessed so many people in one place, happy, and looking toward the future with so much anticipation. I knew those young children were in the best of hands. I knew the couple's dream of a family had just come true. The judge thanked me for patiently waiting my turn as he took his place in photograph after photograph.

It was a great moment in court this morning. The moment went straight to the heart. I was glad to have been a part of it.

First Step to Client Loyalty

This month's Texas Bar Journal had a great article, by Micah Solomon, on steps toward developing better client loyalty. Much of what Micah concluded were ideas most good business people develop on their own as they gain experience in the business world. This includes criminal defense lawyers, too. In any case, developing better client loyalty means, in the end, the criminal defense client is happier. That's always the goal.

Step One is to remember and acknowledge each client in a way that is personal to them. In other words, treat each client as unique. Micah believes, and I agree, that criminal defense law firms thrive once they dedicate themselves to achieving the effectiveness of a beloved bartender or hairstylist. Remembering something special about each client leads fosters this important relationship.

That's step one. With six more to go, please check in for later thoughts.

I Figure It's Time for Me To Start Playing Ball

In the 1986 sports movie classic, Hoosiers, the town's star player, Jimmy Chitwood, is sitting out the basketball season on the sidelines. During a town meeting to vote on the fate of new coach, Norman Dale, Jimmy walks into the meeting and announces he has something to say. After Jimmy is given the floor he proclaims that "I don't know if it'll make any change, but I figured it's time for me to start playing ball." It's been almost a year now since my last blog post. I don't know if it'll change anything, but I figure it's time for me to start playing ball again, too. I'm working on my next post . . . a little something about legal fees. I hope you'll visit again.

Patience's a Virtue in Brazos County

The smile on my client's face made the long wait worth it. He'd been arrested in November 2008 and charged with 8 counts of aggravated robbery, one count of burglary, and assorted controlled substance charges. During each visit with my client I encouraged him to remain patient. We had investigated the facts of the serious robbery charges and determined there was little evidence to prove guilt, if any.

The nature of this case dovetailed well with my earlier post regarding the corroboration of accomplice testimony. Here my client was being held on the testimony of an accomplice. (which can be probable cause enough to indict and detain) However, with the help of my investigator we demonstrated the State had no corroboration. After we brought this to their attention, we went before the judge requesting a bond reduction. Although we failed to obtain the personal bond we sought, the judge did lower the bonds significantly. However, we continued to wait and wait for the prosecutor to perform their follow-up investigation and come to the same conclusion we had, no corroboration.

That was 9 months ago. Finally, our patience paid off when the State agreed they'd dismiss 8 counts of aggravated robbery and one county of burglary against my client. We resolved the remainder of the charges with a plea bargain for time-served, and my client couldn't be happier. He's going home very soon.

So the moral of the story is be prepared with a large dose of patience. A good criminal defense lawyer can help you understand the ins and outs of your particular situation. But most of the time it's the prosecutor that must come around and see the handwriting on the wall.

Football Coach Acquitted

I've stirred up some conversation with my Facebook friends concerning the recent acquittal of Jason Stinson of reckless homicide. If you recall, Coach Stinson was coaching high school football in the great state of Kentucky when, during summer sessions in 2008, a 15 year old player, Max Gilpin, collapsed and later died of heat stroke.

I was always troubled by this prosecution. Not because I'm a closet law breaker, but because the idea of charging a coach for running a difficult (maybe brutal) summer practice for a crime was inherently suspect. I say inherently suspect because I endured summer football sessions when I was in high school, running sprints, bear crawls, and the like without water in 90 degree heat. In fact, basketball practices were not not much easier although winters in central Pennsylvania kept us cozied-up inside the warm (and sometimes sweltering) gymnasium.

Those days were different, of course, and times have changed coaching practices as medical research revealed the need for proper hydration and protection from the elements for players. Nonetheless, I suspect the Kentucky high school that hired Stinson expected him to work the players hard, develop their mental and physical toughness, and play to win. Running wind sprints, gassers, and bear crawls was part of that process. I don't fault the coach for working his players hard . . . even past, what they believed, were their physical limits.

Max Gilpin's death was tragic, without question. But the use of governmental power to pursue his conviction was unreasonable. Sure, the Gilpin family probably supported the prosecution whole-heartedly. But a prosecutor is not bound by the will and wishes of an alleged victim (or their family). I guess if you want to protect your political future, you bow. But a prosecutor must also be cognizant of community standards and the chilling effect a prosecution might have on lawful activities. This is even more evident in the Stinson prosecution as the evidence clearly showed the Gilpin boy was taking amphetamines (Adderall) which affected his body's ability to regulate its own temperature.

Anyway, I was glad coach Stinson was acquitted, but equally saddened by the loss of Max Gilpin. I hope all prosecutors will step back from their cases and make sure they prosecute citizens for crimes and not terrible accidents. When we start seeking convictions to make a point, rather than to seek justice, we're heading down a slippery slope very quickly.

A Pitcher's Life

A pitcher spends much time waiting. Waiting on the warm-up call. Waiting on the call to the mound. Waiting on the catcher's sign. When the call comes he heads to the mound all eyes upon him. Each pitch a work-of-art. No works-in-progress. Each batter an adversary to vanquish. Each swing . . . each crack of the bat . . . an unknown. Either the hero or the bum. That's the life of a pitcher. I know one. I understand his life. It IS the thrill of victory. It IS the agony of defeat.

I love the pitcher's life. Not because I am one, but because my life's work is like one. Waiting on the call. Waiting to respond. All eyes upon me. Adversaries to vanquish. Works-of-art. Often the hero, sometimes the bum. Unknowns. The risk. Willing to fail but always working to win.

Yea. I understand the pitcher. He's an artist. He's a warrior. Tough minded. Yea. I know the pitcher's life. I respect him. He lays it out there for all to see. In victory and defeat I love the pitcher's life. The pitcher is me.

Go Green Death

Coach, the "politically correctness police" are not welcomed here either.  So saith the former coach of the Scituate "Green Death" soccer team.  In an email to players and parents, Coach Michael Kinahan explained he wanted to develop soccer players who "kick ass and take names on the field, off the field, and throughout their lives. I respect Coach Kinahan's approach and teach these principles to my children. It's also the only way to thrive in the competitive world of criminal defense law practice. Out of my high regard for the Coach, below is his email in its entirety.  It is worth the read.

Congratulations on being selected for Team 7 (forest green shirts) of the Scituate Soccer Club! My name is Michael and I have been fortunate enough to be selected to coach what I know will be a wonderful group of young ladies. Chris Mac will also be coaching and I expect the ever popular Terry to return to the sidelines. Our first game will be Saturday April 4 at 10:00AM. There will be a half hour of skills followed by a 1 hour game, so total time will be 1.5 hours. All games will be played on the fields in the front of the High School. Each player will be required to wear shin guards and cleats are recommended but not required. A ball will be provided to each player at the first meeting, and each player should bring the ball to games and practices. There is no set practice time allotted for the U8 teams, but I will convene with the coaches to determine the best time and place. If there are cancellations due to rain, all notices will be posted via the Scituate Soccer Club website, no calls will be made (though I will try to send an email). Attached is the Schedule and Code of Conduct. After listening to the head of the referees drone on for about 30 minutes on the dangers of jewelry (time which I will never get back), no player will be allowed to play with pierced ears, hairclips, etc. We used to tape the earings, but that practice is no longer acceptable. Please let me know if your child has any health issues that I need to be aware of. My home phone is 781 XXX XXXX, my cell number is 781 XXX XXXX, and I check my email frequently. According to my wife, my emails get too wordy, so for those of you read too slowly, are easily offended, or are too busy, you can stop here. For the others……

OK, here’s the real deal: Team 7 will be called Green Death. We will only acknowledge “Team 7” for scheduling and disciplinary purposes. Green Death has had a long and colorful history, and I fully expect every player and parent to be on board with the team. This is not a team, but a family (some say cult), that you belong to forever. We play fair at all times, but we play tough and physical soccer. We have some returning players who know the deal; for the others, I only expect 110% at every game and practice. We do not cater to superstars, but prefer the gritty determination of journeymen who bring their lunch pail to work every week, chase every ball and dig in corners like a Michael Vick pit bull. Unless there is an issue concerning the health of my players or inside info on the opposition, you probably don’t need to talk to me. Coach MacDonald has been designated “good guy” this year. Some say soccer at this age is about fun and I completely agree. However, I believe winning is fun and losing is for losers. Ergo, we will strive for the “W” in each game. While we may not win every game (excuse me, I just got a little nauseated) I expect us to fight for every loose ball and play every shift as if it were the finals of the World Cup. While I spent a good Saturday morning listening to the legal liability BS, which included a 30 minute dissertation on how we need to baby the kids and especially the refs, I was disgusted. The kids will run, they will fall, get bumps, bruises and even bleed a little. Big deal, it’s good for them (but I do hope the other team is the one bleeding). If the refs can’t handle a little criticism, then they should turn in their whistle. The sooner they figure out how to make a decision and live with the consequences the better. My heckling of the refs is actually helping them develop as people. The political correctness police are not welcome on my sidelines. America’s youth is becoming fat, lazy and non-competitive because competition is viewed as “bad”. I argue that competition is good and is important to the evolution of our species and our survival in what has become an increasingly competitive global economy and dangerous world. Second place trophies are nothing to be proud of as they serve only as a reminder that you missed your goal; their only useful purpose is as an inspiration to do that next set of reps. Do you go to a job interview and not care about winning? Don’t animals eat what they kill (and yes, someone actually kills the meat we eat too – it isn’t grown in plastic wrap)? And speaking of meat, I expect that the ladies be put on a diet of fish, undercooked red meat and lots of veggies. No junk food. Protein shakes are encouraged, and while blood doping and HGH use is frowned upon, there is no testing policy. And at the risk of stating the obvious, blue slushies are for winners. 

These are my views and not necessarily the views of the league (but they should be). I recognize that my school of thought may be an ideological shift from conventional norms. But it is imperative that we all fight the good fight, get involved now and resist the urge to become sweat-xedo-wearing yuppies who sit on the sidelines in their LL Bean chairs sipping mocha-latte-half-caf-chinos while discussing reality TV and home decorating with other feeble-minded folks. I want to hear cheering, I want to hear encouragement, I want to get the team pumped up at each and every game and know they are playing for something. Lastly, we are all cognizant of the soft bigotry that expects women and especially little girls, to be dainty and submissive; I wholeheartedly reject such drivel. My overarching goal is develop ladies who are confident and fearless, who will stand up for their beliefs and challenge the status quo. Girls who will kick ass and take names on the field, off the field and throughout their lives. I want these girls to be winners in the game of life. Who’s with me? 

Go Green Death!

The Rudder of Our Free Expression

Over at the "Criminal Defense" blog, Miami criminal defense lawyer Brian Tannebaum published an intriguing post about his belief the criminal defense bar has been gutted by fear. Although I'm not in total agreement with his premise, I recognized his post was written from the heart and I always appreciate courage in a fellow defense lawyer.

Brian noted he'd authored a piece about a local judicial election where he remarked how the judges running for office suddenly became "nice" during their campaigns. Brian said he began getting calls from judges, upset he would publish his thoughts for the voting public to see. Bottom line? Brian backed down and removed the post, which he deeply regretted.

Brian articulated the difficult relationships that might result because of his honesty. He worried clients would suffer adverse consequences might they come before the judges Brian had ruffled during the campaign:

I regret taking it [the post] down. I actually don't have it anymore. Wish I did, because today, I'd put it right back up. I'm embarrassed I fell to the pressure of a few judges who for some reason didn't like my commentary . . .

Few defense lawyers would dare publicly say that judge so and so did something they thought was wrong, or that a prosecutor is chronically unreasonable, or that one of their own stole a case from them by undercutting their fee just to pay the rent. Sure we have our rules of professional responsibility, but what about our obligation to be advocates and not just businessmen and women.

Recognizing his failure to stand up for what he truly believed, Brian declared:

What happened to us, the criminal defense bar? Is it our job to stand up for justice, or merely to make sure we don't piss anyone off while representing those that the "Law and Order TV Generation" feels don't deserve more than an hour of legal process (including a confession to the prosecutor in his office)? Has it become all about the business of our profession?

Although Brian's experience was largely anecdotal he finally seemed to have discovered the outlet for his individual voice. For those of us who blog and affix our names to our opinions, it can be very edifying to see our writings affecting thought, careers, maybe even elections. The justice Brian seeks requires us to step out on a limb and tell others how we see it, whether we write about prosecutors, judges, or other lawyers. When we share our introspection with dignity, when we tell the truth, and when we leave our hurt feelings, anger, and personal inadequacy on the sideline, we shed light on the inner workings of a system that often needs fixing. What better way to help fix a problem than by exposing it.

So, I applaud Brian for his courage to admit a serious mistake. The mistake of letting fear guide the rudder of his free expression. I look forward to the next election and how he might expose those problems in the system that need to be fixed.

No More Excuses

Grits has called us out to comment on the West Texas Polygamy case. I certainly appreciate a good prodding now and then. Scott, this is what I think.

First, I'm against polygamy. I'm against 14 and 15 year old girls having sex with 50 year old men. I'm against women being raised in a sheltered environment to believe their God-given purpose in life is to serve the needs of men. I'm against many things I don't agree with. But I'm also against the government sticking their nose into places it doesn't belong. I'm against searches and seizures based on less than probable cause. I'm against a set-up. I'm also against Child Protective Services imposing their moral worldview upon others through the use of powerful governmental resources. Who are we to impose our morality on people who want to live their lives separate from the world they view as hostile and sinful?

It's difficult not to be torn. Although many religious sects live their lives separate from mainstream society, we certainly don't want people using their religion as a justification for exploiting their young. Of course, where does one draw the line between freedom and exploitation? A tough question.

The problem is how to allow people to live in freedom, yet police their liberty enough to prevent injustices. If a seventeen year old girl wants to marry a 50 year old man, who are we to say no? I don't agree with it, and I'll say so, but imposing my moral worldview on others rubs me the wrong way. The trouble, again, comes when human beings use religion and freedom to exploit others, including their own. But like I said earlier, where does exploitation begin?

Beyond this, the initial entry and search of the West Texas compound couldn't look more like a set-up. A 16 year old complainant who they can't find and can't identify? A supposed 50 year old abusive "husband" who's living in Arizona at the time? Come on. I imagine law enforcement and CPS were just waiting for a chance to get onto this ranch and round up the usual suspects.

Furthermore, the idea of the Texas court system bearing the burden of this mess is beyond my comprehension. While the cops and CPS were itching to make THEIR mark on this isolated community, I suppose nobody gave any thought to the burden of placing 416 children in foster homes. (many of which have living conditions worse than where the kids came from in the first place)

So I don't have any answers right now. I just didn't want you to think we weren't thinking about these problems. Maybe things will become clearer as time goes on.

Real Work

Real fee paying work is getting in the way of blogging lately. I'll be back soon.

sg

True Courage Revealed

This post by my friend, Brian Cuban, revealed his unbelievable courage. Please take time to read it.

Death By Blogging

Here's an interesting piece from the New York Times about the "epidemic" of bloggers who are dying unexpectedly. Matt Richtel wrote here saying:

Two weeks ago in North Lauderdale, Fla., funeral services were held for Russell Shaw, a prolific blogger on technology subjects who died at 60 of a heart attack. In December, another tech blogger, Marc Orchant, died at 50 of a massive coronary. A third, Om Malik, 41, survived a heart attack in December.

Other bloggers complain of weight loss or gain, sleep disorders, exhaustion and other maladies born of the nonstop strain of producing for a news and information cycle that is as always-on as the Internet.

To be sure, there is no official diagnosis of death by blogging, and the premature demise of two people obviously does not qualify as an epidemic. There is also no certainty that the stress of the work contributed to their deaths. But friends and family of the deceased, and fellow information workers, say those deaths have them thinking about the dangers of their work style.

According to Richtel it seemed the bloggers most at risk were those "blogging for pay." (or maybe just the tech bloggers?) Thousands write for Web publishers (as employees or as contractors) or have started their own online media outlets with "profit in mind."

I'm thankful to say I blog for fun and not for profit. (See Simple Justice for Scott's take) I write when I want and about what I want. Nevertheless, my good friend, Ed Spillane, recently stumbled across my ramblings around the same time he read the Times article. As any good friend would, Ed immediately warned me about the dangers of blogging:

I read the other day in the New York Times that a couple of popular bloggers recently passed away from heart attacks . . . evidently blogging can be very physically draining. Keep up the good work!

I wasn't sure whether Ed was encouraging me to work hard because he liked the blog or because he anticipated my untimely demise. But knowing Ed from my days at the Brazos County prosecutor's office, I reckoned the former . . . rather than the latter.

So, I supposed the message for committed bloggers is exercise regularly, get your cholesterol checked, and stop taking money for your blogging efforts.