Babiarz Jr., who had accepted Scott's guilty
plea and sentenced her, reversed her conviction in a written opinion
ruling that Werb had committed legal malpractice by giving her advice
that was blatantly wrong on three separate points of law. The two
charges against her were reinstated, and Scott's trial was scheduled for
16 October. That morning the deputy AG offered another plea agreement:
If she would plead guilty to manslaughter, she would be sentenced to
three years, which was how long she'd been in maximum security by then.
So she pled guilty and was immediately released from prison.
1: Paragraph 17 Scott wanted to sue the PD for legal malpractice,
and Ducote was willing to represent her in that suit, but he had trouble
finding a member of the Delaware bar willing to go up against the PD,
and he had to have a Delaware lawyer to act as local counsel because he
wasn't licensed to practice law here. He finally asked the Delaware
ACLU for help, but all they did was give him my name; I agreed to be
local counsel in the case, and that's why I came to know about it.
1: Paragraph 18 On 15 August 1991 we filed Scott's civil complaint
in Superior Court, against Sullivan and Werb. Remember that the
prosecutor in the criminal case had been the AG and that a Superior
Court judge had already ruled the PD committed legal malpractice.
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