Thursday, December 13, 2012

Alumnus Reflections on Gerry's Trial


I have heard a lot of arguments since 2000. I have heard a lot of "stuff" about what works and what does not.

This Thursday and Friday, I heard the real deal.

I will be the first to admit that my ego is bigger than anyone's. Yes, it is. But I was humbled to see Gerry, the Lion of the Courtroom, roar. 

I had already made a deal with myself that I would not take notes, that I would just experience the opening, closing and rebuttal, and that I would read the transcript later.

I share this experience out of sheer pride because our Gerry Spence is the best I have ever or will ever expect to see: From the beginning of the closing argument, where he introduced his pride of lions standing, attacking the lies of the city Council Bluffs, to the introduction of the love of his life, Imaging. From paying his respect to His Honor and His Staff, while ignoring the defense, to painting the defense as Goebbels and ministers of propaganda. Gerry commanded, "If you tell a lie nine times, they will believe it is true.” From asking Terry whether he was proud to be punished with solitary confinement for standing up for his innocence and refusing to ever close the cell door on himself, to telling them Terry had instructed him to, "Trust the jury."

These were just some of his many planned and inspired strokes of genius. I saw Gerry stand in the middle of the courtroom and ROAR, even when he did not need to, for justice, for freedom. 

The rebuttal was epic - a thirty-minute crescendo that culminated with the exact words carved above the Judge's seat: Justitia Obnibus. Justice for All. As he educated the jury about the word games the defense was playing, his indignation at being called a "liar" reached apocalyptic range.

To further illustrate his points, he told the jury a story about a group of men who gathered having no knowledge of what their long deliberations, arguments and reasoning with each other would mean in the future. These men, whose names were unknown on their previous continent, were Jefferson, Madison, Washington, Franklin, men who were unaware of the impact they would have on the free world as they stood for freedom against the tyranny of England. He then reflected on whether we, in Iowa, would understand the impact this case would have on the free world by deciding the case based on freedom and justice, while holding those who trample on these principles accountable to we, the people.

While sitting on a chair in front of the jury, he finished with a final story, a story of a young man planning to squeeze two birds to death, who was then told by an old man that the birds were in his hands. Then, as only Gerry could do, he transformed the idea of these birds as he turned to the jury and said, “Justice is in your hands.”

He did not elaborate, he did not express gratitude, as he had already done so. He stood up, walked toward Terry and sat down.

He had spoken.

I am a Dreamer, a Utopian. I don’t know what the jury will do, but I can say for certain that when the Lion in Winter roars, he roars for our freedom, and that is good enough for me.

- Alejandro Blanco ('00)

Monday, December 10, 2012

Update on Gerry's latest trial


Lawyers: Men were framed for murder, seek 'justice'
An article from the Des Moines Register
(December 7, 2012) Two men wrongly convicted of a 1977 murder who spent “25 years in hell, where there is no love, where love is a dirty word,” deserve nothing less than “full justice” for suffering caused by the Council Bluffs police department, lawyers told a federal court jury in Des Moines on Thursday.
“Full justice,” as defined by attorneys for Terry Harrington and Curtis “Cub” McGhee, requires that Council Bluffs and two white, former police detectives pay at least $115 million for allegedly framing the two black then-teenagers for the murder of white Council Bluffs Police Capt. John Schweer.
Closing arguments continue this morning in Harrington’s and McGhee’s five-week-long trial, alleging that their civil rights were violated by former detectives Daniel Larsen and Lyle Brown. Plaintiffs contend Council Bluffs officials showed deliberate indifference to what the officers were doing while Larson and Brown coerced witnesses into lying and hid evidence of another viable suspect in the killing from defense.
Lawyers contend the two detectives, under pressure to solve a high-profile police killing, pressured witnesses and ignored obvious lies told by a teenage car thief who had to be coached on many of the crime’s details.
“When you’re seen as an inferior, that’s when your rights disappear,” McGhee attorney Stephen Davis argued to jurors. Larsen and Brown “knowingly used a pack of lies to send these two black kids to prison, because they didn’t matter.”
Harrington and McGhee, then teenagers from Omaha, were convicted in 1978 of shooting Schweer with a 12-gauge shotgun while he worked night security at a Council Bluffs car dealership. They both served more than 25 years in prison before the Iowa Supreme Court ruled in 2003 that prosecutors were guilty of misconduct by failing to turn over reports that another shotgun-toting man had been seen near the scene of the crime.
Plaintiffs say Charles Gates, then a 48-year-old loner who had been suspected in another murder, failed a lie detector test and disappeared after the Council Bluffs detectives told him he was a suspect in the Schweer killing. Roughly a month later, teen Kevin Hughes was pulled over in a vehicle stolen from an Omaha car dealership.
Harrington and McGhee say the detectives seized on Hughes’ bid for a “get-out-of-jail-free card” and coerced other members of a black teen car theft ring into backing up the story. Those teen witnesses — including one who said he agreed to sign a statement for police only after he was raped in jail — all recanted their statements when they were in their 40s.
Lawyers for Council Bluffs and the two police detectives, who dispute any charge of fabrication and have not conceded that Harrington and McGhee are innocent of Schweer’s killing, did not make any closing arguments Thursday.
Their turn is scheduled to come this morning, followed by a short plaintiffs’ rebuttal before the case goes to the jury.
Harrington attorney Gerry Spence on Thursday blasted what he described as Larsen’s and Brown’s racist habit of periodically driving from Council Bluffs to an Omaha ghetto in 1977, rolling up to black teens in a police car and asking, “Hey, bro, what do you have for us today?”
Spence described the practice as “entertainment” for the detectives and a danger to young men, who would immediately be suspected by their friends of being a police informant. “Can you fathom the sadisticness of that?” Spence asked. “Can you even make room for it in your mind?”
Spence, 83, is a renowned litigator who came to national prominence as a television commenter during the O.J. Simpson murder trial. He made no apologies for seeking a large settlement on Harrington’s behalf.
While a final reward amount will be set by the jury, that portion of the requested award includes $2 million for every year Harrington was incarcerated and $500,000 for every year that actuarial tables suggest he will continue to live with post-traumatic stress disorder and other illnesses.
Davis, who requested $52 million for McGhee, reminded jurors of the trauma involved in spending 25 years behind bars for a crime you didn’t commit.

For more information on this article, click here or visit www.desmoinesregister.com. 

Friday, November 2, 2012

Meet TLC Sept 2012 Class Representative

( Kristin with fellow TLCers on top of Spence Mountain)
As our time at the Ranch began to come to an end, I had more and more classmates approach me about being class representative. I was honored and flattered that I was being asked to fill this role. I was not expecting, however, that the entire class would unanimously vote me as class rep in one sweeping vote. What does it mean to me that I was elected as the class representative? Well, it reinforces everything I learned at the Ranch. I will do my best to explain.

I came to the Ranch with a whole lot of self-doubt and performance anxiety. I have only been practicing for 2 ½ years and was quite nervous about looking inexperienced and unsophisticated in front of a group of experienced and successful trial attorneys. The greatest gift I received at the Ranch was the knowledge that just being me, with all my strengths and all my faults, is the most important thing I can do for myself, my clients, my family, and my friends. This is the most important tool in our advocate tool box, and that’s a tool I will always have, regardless of my years in practice or number of trials under my belt.

While at the Ranch, I was simply me. I treated people with kindness and compassion, and received the same in return. I was honest and trusting, and shared freely and openly in my psychodrama group, as well as our working groups. I respected other people’s opinions and worked to help foster an atmosphere of support where all my classmates, and myself, could participate and experiment with the TLC methodology without fear of judgment or humiliation. I gave hugs and encouragement as much as possible.

As a result, I developed real, profound, and honest relationships with my classmates. I came to love, honor, and deeply respect my fellow warriors. We discussed our families, childhoods, careers, and reasons we were at the Ranch without fear of criticism. We shared many laughs and shed many tears. We discussed our deepest regrets and proudest moments as if we were childhood friends. There was nothing superficial about the relationships I formed at the Ranch. My experience was real and unforgettable.

When I was elected class representative, I felt all the love, honor, and respect I had for my classmates returned to me. I am grateful that my class trusted me with this position. I feel a great sense of responsibility to keep our class in contact and to continue the relationships we formed off the Ranch. I will not let my fellow warriors down.

Kristin Ross - TLC September 2012 Class Representative


Friday, October 19, 2012

Protect patients' rights, protect patients' lives - Mary Alice McLarty

Dear Friends:

I think most of you know that the current President of the American Association for Justice (the plaintiffs’ bar) is our own 2004 Trial Lawyers graduate, Mary Alice McLarty. In this election season, where lawyers who represent injured people often seem to have targets painted on their backs by the tort reformers, Mary Alice is out there fighting back. Mary Alice wrote a beautiful opinion piece for CNN about the victims of medical malpractice. She used the example of her home state of Texas to talk about how terrible the reforms there have been.

Betsy Greene
TLC '05 Grad

----------------------------------------------------------------------------------------------

Opinion: Protect patients' rights, 

protect patients' lives

By Mary Alice McLarty, Special to CNN
updated 8:53 AM EDT, Fri October 12, 2012

Eliminating patients' rights is not the answer to the nation's health care problems, Mary Alice McLarty says.

Editor's note: Mary Alice McLarty is president of the American Association for Justice and a partner in McLarty Pope LLP in Dallas. She practices personal injury and civil trial law, concentrating on catastrophic injury cases.
(CNN) -- We are facing a medical malpractice crisis in our country.
More than 98,000 people die every year because of preventable medical errors. That is equivalent to two 737s crashing every day for a whole year. Preventable medical errors are the sixth leading cause of death in the United States and cost our country $29 billion a year.

Wednesday, October 17, 2012

Discovering the story of the accused

MAREN CHAMPIONS THE REAL VICTIMS IN MEDIA FRENZY RELIGIOUS RAPE CASE

Recently Maren Chaloupka (TLC '99 Grad & Faculty Member) represented a man, a religious man, a pastor of the church against the allegations of "rape" brought against him by his wife of 30 years.

The accusation that the accuser in this case made against her husband was that they were amidst a bitter divorce despite not separating and instead keeping the battle hot by continuing to live together in the same house. Her claim was simple enough, that he had violently raped her a total of 3 times over the course of 4 hours in their home. When asked why, she claimed that he had been emotionally and physically abusive, and had serially cheated on her, for 30 years and the rape was a natural progression of that pattern. One of the rapes she claimed was when after some 30 years of conventional sex he decided that it was time to introduce anal sex into the relationship.

Maren is very good at finding out dirty little facts and everything else there is on her cases. She will spend an incredible amount of time through conventional and TLC methods to discover the story. The real story. The back story. In this case the back story actually revealed that this woman was absolutely nuts and had been so for well over 30 years. Now the problem, how to get that story into evidence. Maren made that story a legal defense in the case. She did so by claiming that the dispute was whether the wife/accuser's craziness was relevant to show that she would make up a false rape story, or whether it was relevant to show the Pastor's motive to rape her, which was the prosecution's case. The Prosecution was cagey enough to turn her craziness into part of their theory by arguing that he raped her to punish her for making his life a living hell, and that the anal to oral sex was proof that he was deliberately punishing and humiliating her.

Tuesday, October 16, 2012

Learn more about TLC's President, Jude Basile

Profile: Jude Basile 

Nationally recognized trial lawyer stands up against corporate greed and government bullies 

BY STEPHEN ELLISON
Plaintiffmagazine.com - October 2012
Basile
 
     Nothing gives Jude Basile more satis­faction than finding the truth and using it to conquer greed and abuse of power. It’s been a mission of his since childhood, long before he became an acclaimed trial lawyer, to challenge those who unethically – and in many instances, unlawfully – exploit their positions of authority. 
     As a youngster growing up in a small, blue­collar town in western Pennsylvania, Basile experienced firsthand accounts of such abuse. To this day, one incident in particular involving his father’s business and a certain teen employee serves as the driving force behind Basile’s pursuits. 
     “My dad’s bar got shut down for me being underage and working there. I’d help him out on Friday nights making pizzas in the kitchen; I was 14,” Basile re­called. “The liquor board came in and shut us down for a month for me working there and for having gambling devices that were actually 50­50 church raffle tickets in the bar. And my dad couldn’t do anything about it.

Monday, October 8, 2012

The Power of the TLC Soft Cross

Haytham Faraj, TLC '09 Grad & Faculty Member. 9/20/2012 

My recent jury trial victory in the U.S. District Court for the District of Columbia did not involve huge sums of money, at least not if measured by some of the verdicts we hear about, but it was every bit as important and significant to my client who stood to lose his livelihood.

The case arose from events that began in the summer of 2005. As the war in Afghanistan waged and as the U.S. government sought to establish some measure of normalcy in Afghanistan, it reopened the U.S. Embassy and put out solicitations to bring in contract guards to provide security for the Embassy. A large government contractor by the name of MVM won the contract. They then hired a startup company by the name of 3D Global Solutions -my client- to recruit guards from Peru to provide security outside the Embassy.

Now these are not mercenaries. They are mere guards; good and decent men whose sole function is to guard the Embassy and provide access control. They would receive a meager $1800 a month for their work. Another facet of the contract required the prime contractor to also provide senior guards who would provide security to high profile personnel and act as a roving force. MVM recruited elite former military Namibians with South African citizenship for that part of the contract. The Namibians are black. When the Namibians showed up, the Regional Security Officer (RSO) who is the State Department official responsible for security at the Embassy objected. He wanted "real expats." In other words, he wanted white mercenaries. You can imagine what he wanted, the khaki clad, muscle bound men donning Oakley shades and driving around in black 4X4 vehicles blowing away everyone in sight. After a few weeks of frivolous nitpicking, the RSO managed to terminate the contract based on a pretext that the guards provided by MVM did not meet the language requirement to effectively discharge their duties. MVM had spent nearly 7 million dollars to take over the Embassy security. The termination was devastating. MVM hired a top DC law firm and threatened to sue the State Department, effectively arguing that the guards were qualified and that the termination was pretextual to get rid of the black Namibian guards and bring in white guards.