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"a fish, a barrel, and a smoking gun" |
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As the recently sentenced Dr.
Death of air-conditioned heel-cooling in the Michigan gulag system, it's high time to amend the cliché, "A lawyer who represents himself has a fool for a client." (It's a cliché, we might add, only because it's so true, which is itself a cliché, only because it's so, well, cliché.) Indeed, with the ready example of Jack Kevorkian's conviction for second-degree murder before us, we can fully appreciate that it's not simply smug shysters who have shit for brains. MDs have now officially joined the parade of self-deluding idiots. Had Kevorkian not passed so much time in close proximity to car exhaust and other brain-deadening vapors, he might have paused before deciding to act as his own counsel. Indeed, had he done the minimal legal research that a real lawyer - or even his former attorney, the estimable Geoffrey Fieger, who is currently arguing in court that TV's Jenny Jones is a killer - might have insisted upon, Kevorkian would have realized that even (or especially) "innocent" men accused of murder do pretty badly when representing themselves in court. To wit, the cases of Colin Ferguson, Mumia Abu-Jamal, and Charles Manson.
In 1993, Ferguson killed six people on a Long Island Railroad commuter train. When the Jamaican immigrant came up for trial a couple of years later, he waved off legal representation from radical chic lawyers William Kunstler and Ronald Kuby after they insulted him by suggesting - nay, insisting - that he was more than a little coconuts and that an insanity plea was his only possible ticket to slide. As Kuby put it, "We have a right to portray him as a profoundly disturbed individual who suffered from mental illness brought on by exposure to white racism." Ferguson's "black rage," however, was in this instance directed only at the special Ks, whom he demoted to "advisers," before proceeding to put on a legal clinic that only a punch-drunk jurist like Judge Mills Lane could have followed. Included were Perry Mason moves such as asking one eyewitness, "Is it your testimony that you saw no one shot?" The response: "I saw you shooting everyone on the train, OK?" He also asked jurors to raise their hands if they were "hockey fans" and, after a slew of people had testified against him, boasted to Larry King that he would be acquitted precisely because "very few witnesses were able to point a finger at me." While such a defense went a long way toward proving Kunstler and Kuby's insanity case, it failed to sway the requisite single juror, and Ferguson was sentenced to 200 - count 'em - years.
Mumia Abu-Jamal, convicted in 1982 of killing a Philadelphia policeman, has simultaneously fared better and worse than Ferguson. On the upside, Abu-Jamal's journalism career, which had been languishing for some years (he was driving a taxi at the time of the shooting), really got back on track after his conviction. He became a National Public Radio commentator, and his book, Live from Death Row, became a big seller. Over the years, glitterati such as novelist E. L. Doctorow have come to his defense, and just this past January, a Free Mumia benefit concert featuring Rage Against the Machine, the Beastie Boys, and other acts drew a crowd of 20,000. On the downside, after defending himself, Abu-Jamal received both a death sentence and highly public support from such embarrassingly low-magnitude TV stars as Ed Asner and Mike Farrell. Like Ferguson, Abu-Jamal's self-defense was filled with what might charitably be described as tactical blunders, such as eliciting this testimony from a cabbie on the scene: "I saw you, buddy. I saw you shoot him and I never took my eyes off you." He also spent a fair amount of court time expounding on the racial separatist group MOVE's philosophy and openly insulted the racially mixed jury during the penalty phase. Abu-Jamal, now represented by Leonard Weinglass (memorably described by one reporter as "perhaps the eighth smartest member of the Chicago Seven"), is working on his final death row appeal. If it goes nowhere, which is the likely scenario, given the defense's inability to explain away key physical evidence and the fact that one of its strategies involves a search for an unidentified gunman with "Johnny Mathis hair" - he will almost certainly be given a lethal injection. Surprisingly, that's a fate that Charlie Manson, the undisputed champion of lawyers with fools for clients, has managed to avoid. The would-be pop star's bid at self-representation went so spectacularly wrong that even though he could not be definitively placed at the scene of either the Tate or the LaBianca murders in 1969, he managed to garner a death penalty on seven counts of first-degree murder and one count of conspiracy to commit murder (the death sentence was later commuted to "life with the possibility of parole" when executions were ruled unconstitutional in the 1970s). How did Manson swing such an outcome? With tactics unthinkable even on a sweeps-week episode of Ally McBeal: He fired his lawyer and threatened him with death, physically attacked the judge, carved a swastika in his forehead during the proceedings, and delivered statements filled with lines such as, "If I could I would jerk this microphone out and beat your brains out with it because that is what you deserve, that is what you deserve."
Kevorkian, to his credit - if not the benefit of Court TV's ratings - did not engage in the sort of legal high jinks that distinguished the Ferguson, Abu-Jamal, and Manson cases. Indeed, Dr. Death essentially laid it on the line and simply asked the jury, "Just look at me. Do you see a murderer?" In the end, however, such arguments proved no more compelling than Ferguson's, Abu-Jamal's, or Manson's, and the jury voted thumbs down. Kevorkian showed up at the sentencing phase with a bona fide lawyer and statements of support from the widow and the brother of the man he killed, but by then it was too little, too late. While one might think that such a recent, high-profile, self-defense flop, not to mention the seemingly unending list of do-it-yourself legal losers, might put the kibosh on the practice, it seems, to paraphrase another cliché, that dopes spring eternal. Indeed, even as the cell door was slamming shut on Kevorkian, Chuck Jones, the former publicist for Marla Maples who in 1994 was found guilty of stealing and entering into an unholy union with the former Mrs. Trump's shoes, announced that he would serve as his own lawyer in his upcoming retrial (his conviction was overturned in 1996 on the grounds that he was "deprived of counsel"). His first action was to enter Maples' psychiatric records into the proceedings. Seemingly laying the groundwork for his own insanity plea, Jones told the New York Daily News, "Marla has a history of mental depression.... A lot of things that she thought happened were in her mind. I know the whole story. She invented danger that was nonexistent." Pledging that he was only going to "bring out the facts," the shoe fetishist perhaps unconsciously signaled his real strategy by insisting, "I don't want her to leave the court crying." In other words, it's all over but the shouting - and the sentencing.
courtesy of Mr. Mxyzptlk |
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