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<v Speaker 1>Lucky Land Casino, asking people what's the weirdest place you've

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<v Speaker 1>gotten lucky?

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<v Speaker 2>Lucky in line at the deli, I guess ah, in

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<v Speaker 2>my dentist's office more than once. Actually do I have

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<v Speaker 2>to say? Yes?

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<v Speaker 3>You do?

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<v Speaker 2>In the car before my kids pta meeting?

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<v Speaker 3>Really?

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<v Speaker 2>Yes? Excuse me? What's the weirdest place you've gotten lucky?

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<v Speaker 2>I never win? And tell well, there you have it.

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<v Speaker 1>We're gonna be my long eighte plus terms and conditions

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<v Speaker 1>of pluck sets every details.

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<v Speaker 2>Okay, Round two, name something that's not boring, laundry, a

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<v Speaker 2>book club, computer solitaire.

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<v Speaker 2>Chum Chumbacasino dot.

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<v Speaker 1>Combers eighty plus start the conditions of plus.

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<v Speaker 3>Luck to.

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<v Speaker 1>You.

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<v Speaker 5>Are now listening to True Murder, the most shocking killers

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<v Speaker 5>in true crime history and the authors that have written

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<v Speaker 5>about them. Gasey Bundy, Dahmer, The Nightstalker BTK. Every week,

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<v Speaker 5>another fascinating author talking about the most shocking and infamous

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<v Speaker 5>killers in true crime history. True Murder with your host,

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<v Speaker 5>journalist and author Dan Zupansky.

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<v Speaker 6>Good Evening. This is your host Dan Zupanski for the

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<v Speaker 6>program True Murder, the most shocking killers in true crime

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<v Speaker 6>history and the authors that have written about them. His

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<v Speaker 6>trials have garnered him a claim as one of the

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<v Speaker 6>greatest criminal defense lawyers of the cent He's the white

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<v Speaker 6>tornado in court, a semantic samurai, a shyman, a shaman,

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<v Speaker 6>a bard, a hero to some, a trickster to others,

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<v Speaker 6>and always a force to be reckoned with, respected by all.

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<v Speaker 6>Lust for Justice, the radical life and Law of j

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<v Speaker 6>Tony Sarah is a no holds barred examination of the man,

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<v Speaker 6>his renegade lifestyle, his resolute beliefs, and the legal system

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<v Speaker 6>he serves and transforms. Filled with murder, drugs, and death

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<v Speaker 6>penalty cases, snitches, the psychological elements of crime, the nullification

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<v Speaker 6>of nexus with juries, closing arguments in more. Lust for

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<v Speaker 6>Justice pulls the black robe off the justice system to

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<v Speaker 6>reveal what it is. A Railroad to Prison for Minorities.

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<v Speaker 6>Author and artist Paulette Franco follow Tony Sarah in and

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<v Speaker 6>out of the courtroom for more than a decade to

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<v Speaker 6>capture in words and images this man who embodies justice

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<v Speaker 6>and drama at their best in Lust for Justice, to

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<v Speaker 6>view the law through the eyes of one of its

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<v Speaker 6>greatest practitioners, and you'll never look at it the same

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<v Speaker 6>way again. The focus of our program this evening is

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<v Speaker 6>the book Lust for Justice with my special guest, artist

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<v Speaker 6>and author Paul Atte Frankel, the Radical Life and Law

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<v Speaker 6>of Jay Tony Sarah. And with me joining Paul Atte

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<v Speaker 6>Frankel is Jay Tony Sarah or Tony Sarah. Welcome to

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<v Speaker 6>the program, Jay Tony Sarah and Paul Atte Frankel, and

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<v Speaker 6>thank you for ingredient to this interview. Good evening, Tony,

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<v Speaker 6>and good evening, Paulette, and thank you for agreeing to

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<v Speaker 6>this interview.

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<v Speaker 7>Thank you for having us.

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<v Speaker 3>Yes, we're eager to help and we're appreciative of your interest.

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<v Speaker 6>Thank you very much. Now let's really introduce this. Paultte.

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<v Speaker 6>Tell us a little bit about your background and why

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<v Speaker 6>a courtroom artist and an artist in general, and how

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<v Speaker 6>you decided to and why you decided to write a

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<v Speaker 6>book about Tony Sarah. Tell us what brought you to

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<v Speaker 6>this particular project.

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<v Speaker 7>This book was sort of like I don't know, an

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<v Speaker 7>unplanned for baby or child. I saw Tony Sarah in

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<v Speaker 7>court and was absolutely blown away by his intensity. He

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<v Speaker 7>was archetypal energy itself, and as an artist, I sort

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<v Speaker 7>of set my sights on being able to do him

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<v Speaker 7>justice artistically speaking. I thought, if I could begin to

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<v Speaker 7>portray his many facets, his faces, his sides, his passion,

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<v Speaker 7>his compassion, his rage in art form, I would have

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<v Speaker 7>arrived as an artist. In my own opinion, in my

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<v Speaker 7>own eyes, I've made it kind of my purpose in

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<v Speaker 7>life to follow him around and do that. And during

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<v Speaker 7>a large trial, the l Nesler trial, which he invited

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<v Speaker 7>me to attend, I asked him, Tony, where's the book.

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<v Speaker 7>There's so much publicity and the media is all over

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<v Speaker 7>this thing, and why is there no book about you?

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<v Speaker 7>And he grumbled, as is his style, and so I said,

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<v Speaker 7>let's do one art your words, and I fully expected

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<v Speaker 7>him to write the book, but he didn't. He eventually

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<v Speaker 7>just threw boxes and boxes and boxes of newspaper clippings

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<v Speaker 7>and tape recordings and photos and sort of shards of

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<v Speaker 7>his life at me and said here, it's your baby.

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<v Speaker 7>I don't have time, and I felt like I'd just

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<v Speaker 7>been swallowed by an avalanche. So that's basically how it began.

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<v Speaker 6>Right now, Tony, maybe you can take us back to

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<v Speaker 6>your own background that obviously shaped your unique philosophy. So

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<v Speaker 6>tell us a little bit, take us back to when

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<v Speaker 6>you were born, and tell us a little bit about

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<v Speaker 6>your family life that obviously shaped your personal philosophy. And

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<v Speaker 6>along the way, I guess you could tell us some

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<v Speaker 6>of those things that did shape your philosophy and what

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<v Speaker 6>that philosophy is in your own personal life.

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<v Speaker 3>Out the abbreviated form. I was what they call a

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<v Speaker 3>home birth in San Francisco, California, in nineteen thirty four.

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<v Speaker 3>Each of my parents said, not one, you know went

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<v Speaker 3>through the third grade. When went through the fourth grade.

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<v Speaker 3>My father worked a union worker in the factory and

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<v Speaker 3>was steady, and so there was you know, food and schooling, nourishment.

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<v Speaker 3>I regard my self as an upper lower class because

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<v Speaker 3>my father worked and supported his family in a good way.

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<v Speaker 3>I think he was never a citizen. He came over

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<v Speaker 3>from New York at a very young age. In New

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<v Speaker 3>York as an Ireland you know, off of Spain and Mediterranean,

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<v Speaker 3>never applied for citisenship. So I don't know in that sense,

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<v Speaker 3>and maybe in a limited sense one I identified with proletariat.

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<v Speaker 3>I identified with Union at an early age, identified with immigrant,

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<v Speaker 3>identified with bilingual. It's been a life long identification that

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<v Speaker 3>I have what's what used to be called proletariat class,

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<v Speaker 3>and proletariat class most of the time is victim, you know,

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<v Speaker 3>of the broader society or the dominant, let's call it

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<v Speaker 3>a milieu of the society. So I think at an

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<v Speaker 3>early stage I was robustly anti establishment, anti authority, anti

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<v Speaker 3>law enforcement, anti in penology, anti criminal prosecution. You know,

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<v Speaker 3>I just quickly adhere to a very negative, almost neolistic

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<v Speaker 3>view pertaining to stablishments, principles and more rays behavior, the

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<v Speaker 3>distribution of wealth, et cetera, et cetera. So oddly I

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<v Speaker 3>got good grades, so I was almost straight A through

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<v Speaker 3>high school, and I was an athlete, and so I

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<v Speaker 3>went down to Stanford and actually became more intellectual and

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<v Speaker 3>less athletic. But I did box and give my life.

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<v Speaker 3>I played on the football team. I played on the

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<v Speaker 3>baseball team. I did all of them poorly, but I

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<v Speaker 3>continued that. But at the same time I became a

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<v Speaker 3>philosophy major, specializing in epistemology and English Minor eighteen fifty

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<v Speaker 3>to nineteen hundred English literature. So there's this kind of

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<v Speaker 3>you know, potential intellect academic lifestyle that could have somehow

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<v Speaker 3>been out there, but somehow that was rejected readily, and

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<v Speaker 3>so I found myself in North Africa kind of doing

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<v Speaker 3>a hemiway thing, you know, romanticizing the fallacy of being

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<v Speaker 3>the ex patriot, you know, writing from a foreign port

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<v Speaker 3>with a foreign perspective, and I don't know, somehow, you know,

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<v Speaker 3>being accepted as a writer at that point. And it

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<v Speaker 3>was ill found that I fell into a group that

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<v Speaker 3>we're doing a lot of opiates and hashiuse, etc. And

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<v Speaker 3>after a while I felt that my life had fallen

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<v Speaker 3>kind of too much into sensualities and not enough academia

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<v Speaker 3>and not enough political content. So I applied at the

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<v Speaker 3>University of California by mail in those days, and I

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<v Speaker 3>went to Bolt Hall, which is UC Berkeley, and it

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<v Speaker 3>was in the late fifties early sixties, and things were

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<v Speaker 3>just starting to move At that time, we had the

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<v Speaker 3>free speech movement, and we had you know, campus demonstrations.

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<v Speaker 3>So I quickly absorbed that mentality and identified with that mentality.

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<v Speaker 3>And then I was a good student. I was near

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<v Speaker 3>the top of my class, and so I was bright

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<v Speaker 3>enough to write the briefs and bold enough to go

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<v Speaker 3>into courts or right away when I started, I call

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<v Speaker 3>it the Golden Age of law. I was represented the

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<v Speaker 3>Black Panthers and the white Panthers. I represented the SLA.

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<v Speaker 3>I represented the Black Gorilla Family. I represented Juie Newton

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<v Speaker 3>himself after he returned from Cuban the murder case Russell

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<v Speaker 3>Little of the SLA. I represented Jacques Roger of the

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<v Speaker 3>Newer Liberation Front. So I right away I started because

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<v Speaker 3>San Francisco was just a complete, you know, political tornado

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<v Speaker 3>at that time, and I was in the swirl of it.

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<v Speaker 3>And so I practiced very vigorously. I was a pro

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<v Speaker 3>bono lawyer. I've always been, you know, a pro bono lawyer.

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<v Speaker 3>I take playing cases only to pay everything required to practice.

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<v Speaker 3>I don't believe ultimately in profiteering from law. So I

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<v Speaker 3>was very popular. I was very outsped. I as I

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<v Speaker 3>look back, I you know, suffered more contempt charges than

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<v Speaker 3>any other lawyer in the area. I went to all

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<v Speaker 3>the various jails on contempt to mostly connected with political causes.

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<v Speaker 3>So I blossomed in the sixties into what's called a

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<v Speaker 3>radical lawyer, and somehow I got hooked, you know, on

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<v Speaker 3>jury trials. So I became a jury trial specialist and

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<v Speaker 3>was known and still known, you know, so I don't

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<v Speaker 3>even know fifty years later, as what they call a

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<v Speaker 3>back to back jury person. That's like a public defender

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<v Speaker 3>for life, you know, going to one trial after the next.

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<v Speaker 3>Not all weble some of them, you know, completely, what

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<v Speaker 3>they call dead on arrival, but going for the hang,

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<v Speaker 3>you know, going for the political element, going for the

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<v Speaker 3>larger vision. And it's been very exciting. And you know,

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<v Speaker 3>I'm getting up there in age and I'm still doing

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<v Speaker 3>that very vigorously.

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<v Speaker 4>He is Ryan here, and I have a question for you.

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<v Speaker 4>What do you do when you win? Like, are you

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<v Speaker 4>at fist pumper, a wooer, a handclapper, a high fiver.

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<v Speaker 1>Noiber necessary, dly RIVOI where everybody lost in terms of

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<v Speaker 1>conditions eighty plus.

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<v Speaker 3>Or instance, I was in a special circumstance case for

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<v Speaker 3>about over two months. That's my last the trial and

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<v Speaker 3>that means either death penalty or l WOP life without possibility.

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<v Speaker 3>Prole then turned out to be l WOP, so the

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<v Speaker 3>man's life was saved. And I had two trial sets

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<v Speaker 3>for this week that did not go. So I'm still

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<v Speaker 3>at nearly seventy eight. But I'm still going like I

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<v Speaker 3>did in the sixties, working six or seven days a week,

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<v Speaker 3>you know, completely obsessed, completely, you know, possessed by the

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<v Speaker 3>case and by the issues our office represents, you know,

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<v Speaker 3>the occupiers, which I considered the most significant movement presently.

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<v Speaker 3>We go, you know, to a number of cities in

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<v Speaker 3>northern California to do so. We take political cases. I

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<v Speaker 3>still represent the Elf and Alf when the time arises,

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<v Speaker 3>I represent people demonstrate in Berkeley, so in a way,

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<v Speaker 3>I'm an extension still in the sixties. I have disavowed

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<v Speaker 3>no ownership property, so I don't have real property, have

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<v Speaker 3>an old car. I pay rent in the vicinity of

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<v Speaker 3>about four hundred dollars a month. I have no real

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<v Speaker 3>material appetites. Therefore, frugal lifestyle and committed you know, to

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<v Speaker 3>case after case and will do so, I guess until

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<v Speaker 3>like Coachina, we're dire of a heart attack during the

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<v Speaker 3>close in argument. That's the abbreviated history of me.

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<v Speaker 6>Yes, well, thank you. Now, Paul Att tell us, basically,

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<v Speaker 6>Tony has told us about his background, and of course,

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<v Speaker 6>very humbly, he's not going to be able to tell

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<v Speaker 6>us everything about his character. But tell us a little

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<v Speaker 6>bit more about what attracted you, specifically in terms of

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<v Speaker 6>his philosophy, what sort of compelled you because you talked

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<v Speaker 6>in such glowing terms and it's like you've known him

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<v Speaker 6>forever and ever, so you've obviously gotten close to him.

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<v Speaker 6>So tell us about the very first time that the

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<v Speaker 6>case that you got invited to and we're talking about

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<v Speaker 6>the Elie Nessler case, and what you were what you

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<v Speaker 6>admired about his philosophy and saw that philosophy and application

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<v Speaker 6>at this trial.

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<v Speaker 7>Well, first of all, the Eli Nessler case was not

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<v Speaker 7>the first time that Tony and I had that I

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<v Speaker 7>was in the courtroom with Tony. It was my first

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<v Speaker 7>big case that he had done. Tony does a lot

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<v Speaker 7>of cases that get no mention because they're not high

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<v Speaker 7>profile cases. But to answer your question, I'm sort of

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<v Speaker 7>a drama junkie. I go where the you know, where

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<v Speaker 7>intense energy is, and I find myself. I'm a moth

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<v Speaker 7>I guess that likes to be singed, but not burned.

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<v Speaker 7>And so I was. I just kind of by dumb

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<v Speaker 7>luck ended up in a courtroom while waiting for a

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<v Speaker 7>friend to do finish a nursing exam, and it happened

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<v Speaker 7>to be a good case. Most cases, or an awful

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<v Speaker 7>lot of them, are so boring you just can hardly

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<v Speaker 7>stay awake. But this was an exciting case and I

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<v Speaker 7>started to sketch it. It was the first time I

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<v Speaker 7>sketched in a courtroom, and I thought, this is great.

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<v Speaker 7>I can do this. And a lawyer said, if you

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<v Speaker 7>want drums, if it's drama you're looking for, Tony, Sarah's

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<v Speaker 7>your man. There's no one that can hold a candle

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<v Speaker 7>to him. He's the law and drama at his best.

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<v Speaker 7>He wears funky old clothes from the thrift, he has

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<v Speaker 7>long hair, he gets up there without notes. He's incredibly perceptive,

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<v Speaker 7>he's hard hitting, and he's just he's the one. He's

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<v Speaker 7>the drama of the courtroom. So I tried to chase

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<v Speaker 7>him down, and it took me a year. People kept

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<v Speaker 7>putting me off and sending me in on wrong directions,

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<v Speaker 7>and I was in irritation to his office staff, and

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<v Speaker 7>for some reason, I felt like life was blocking me

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<v Speaker 7>from this, this great encounter with Tony Sarah. And finally,

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<v Speaker 7>after a year, I did encounter him, and at that

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<v Speaker 7>time I felt like maybe my skills were such that

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<v Speaker 7>I could begin to draw him in a way that

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<v Speaker 7>would be meaningful. But even at that it took me

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<v Speaker 7>a lot longer to be able to draw him in

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<v Speaker 7>a way that really conveyed his energy and his passions.

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<v Speaker 7>So the Eli and Nesler case was that was the first, big, big,

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<v Speaker 7>big case. And I've forgotten what the rest of your

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<v Speaker 7>question was.

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<v Speaker 6>Well, you know, the thing is what we would talk

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<v Speaker 6>about too, is you talk about the drama. But before

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<v Speaker 6>I'd agreed to take this, to do this interview. Before

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<v Speaker 6>you had even approached me, I'd seen Tony, but of

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<v Speaker 6>course I didn't recollect his name. But I have seen

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<v Speaker 6>footage of Tony in courts. So when we're talking drama,

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<v Speaker 6>and then what I thought was interesting is the thing

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<v Speaker 6>that you included is his again Maverick Cavalier techniques here

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<v Speaker 6>that he includes and that you've included as sort of

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<v Speaker 6>a well, this is what this is the lengths that

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<v Speaker 6>he will go to, and these are the kinds of

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00:19:01.839 --> 00:19:04.519
<v Speaker 6>things that he employs, which is when you talk about

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<v Speaker 6>letting his hair down and putting it in a ponytail

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00:19:07.400 --> 00:19:10.079
<v Speaker 6>one day and letting it run free and then and

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00:19:10.200 --> 00:19:12.519
<v Speaker 6>talking it under, you know. So tell us a little

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<v Speaker 6>bit about why you're saying that he's dramatic for those

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<v Speaker 6>people who haven't seen any footage, And what do you

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<v Speaker 6>mean by dramatic.

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<v Speaker 7>Well, most lawyers, most of in fact, I would I

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<v Speaker 7>think I can almost clearly say, with the exception of

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<v Speaker 7>perhaps Jerry Spence, that the case is that I have

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<v Speaker 7>attended with other lawyers. They're cerebral and quite frankly, you

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00:19:35.200 --> 00:19:38.160
<v Speaker 7>know that has its place, but it's also very limited.

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<v Speaker 7>Tony fights from the gut and he hits the jury

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00:19:43.839 --> 00:19:46.839
<v Speaker 7>in their humanity, and he hit me in my humanity,

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00:19:47.640 --> 00:19:51.079
<v Speaker 7>and I was taken to places I had never been before.

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00:19:51.359 --> 00:19:56.599
<v Speaker 7>And his rage is so unbridled that I thought, my god,

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<v Speaker 7>you know what's it like to be like that? To

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00:20:00.000 --> 00:20:04.400
<v Speaker 7>I feel like that? And more excitingly, to draw that.

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00:20:05.480 --> 00:20:07.680
<v Speaker 7>And in order for me to draw it, I had

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00:20:07.759 --> 00:20:13.759
<v Speaker 7>to perceive him in my own body structure so that

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00:20:13.880 --> 00:20:17.559
<v Speaker 7>I could draw from my gut and not from I

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00:20:17.640 --> 00:20:23.279
<v Speaker 7>don't know, just window shopping the situation. And so when

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00:20:23.359 --> 00:20:28.200
<v Speaker 7>Tony is representing a client, you get the feeling that

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00:20:28.279 --> 00:20:32.359
<v Speaker 7>he's not holding back. And most lawyers feel like they're

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00:20:32.400 --> 00:20:35.680
<v Speaker 7>just sort of mouthing words that have a lot of

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00:20:35.880 --> 00:20:40.839
<v Speaker 7>sort of I don't know, high educational value, and if

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<v Speaker 7>somebody is not an intellectual, they barely even understand what

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00:20:44.319 --> 00:20:49.359
<v Speaker 7>they're saying. But there's nothing not understandable about Tony. I mean,

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00:20:49.440 --> 00:20:53.279
<v Speaker 7>he's a wild man in court. He will go to

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<v Speaker 7>the lengths of frothing at the mouth. It's really quite shocking,

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<v Speaker 7>and I don't know that lighted me. I don't ask

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<v Speaker 7>me why I like that. I like gorillas.

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<v Speaker 3>I like wild things, right, Yes, what.

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<v Speaker 6>I meant by dramatic too, is that you capture it

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<v Speaker 6>in your art, which was included in your book, again

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<v Speaker 6>very unique book, and that this type of art is included.

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<v Speaker 6>And again we'll talk a little bit more near the

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<v Speaker 6>end about the artwork itself and what you were trying

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00:21:23.440 --> 00:21:25.400
<v Speaker 6>to achieve it with it as well. But really some

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00:21:25.519 --> 00:21:29.079
<v Speaker 6>of it is just how energetic he is in court

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00:21:29.079 --> 00:21:31.759
<v Speaker 6>and waving his arms around and willing to take the

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00:21:31.920 --> 00:21:35.799
<v Speaker 6>role of the victim and the perpetrator and acting out

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<v Speaker 6>and pantomiming. So that's what I mean by drama too.

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<v Speaker 6>That's very, very unusual for lawyers to get past their

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<v Speaker 6>sort of staid composure to be able to start acting

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<v Speaker 6>out the drama of a murder insay, for example, in

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<v Speaker 6>a murder trial or some of the other trials that

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<v Speaker 6>you included in the book.

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<v Speaker 7>So I don't know anybody else who's doing that. And

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<v Speaker 7>in his heat of passion, he doesn't talk about heat

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<v Speaker 7>of passion, he becomes it. And the jury is, you know,

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<v Speaker 7>usually rather horrified. They've most of them have never seen

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00:22:08.480 --> 00:22:12.480
<v Speaker 7>heat of passion in their face, and Tony just he

337
00:22:12.680 --> 00:22:17.160
<v Speaker 7>becomes the rage and the craziness that he's representing that

338
00:22:17.480 --> 00:22:22.759
<v Speaker 7>led to this event that usually is a murder or

339
00:22:22.839 --> 00:22:27.400
<v Speaker 7>something of that caliber, and he he is it. You know,

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<v Speaker 7>you just get you get you get it, you get

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<v Speaker 7>the idea of what's going on here.

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<v Speaker 6>Right now, Tony, for for our audience to really try

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<v Speaker 6>to explain why you're such a radical lawyer. When I

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<v Speaker 6>first heard that you were a radical lawyer, I said, well,

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<v Speaker 6>what's he going to do? Tell the truth? Because you know,

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<v Speaker 6>I didn't even know what that meant. But the Elie

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<v Speaker 6>Nessler case you call it maternal justice, but really i'd

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<v Speaker 6>almost my title would be maternal instinct or cool blooded murder.

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<v Speaker 6>Now tell us a little bit, tell us about the

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<v Speaker 6>Elie Nessler case, Tony, and why it was important to you,

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<v Speaker 6>and what the case represented to you. Please take us

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<v Speaker 6>through the case briefly. What did it represent to you?

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<v Speaker 3>When I first met her, she was represented by a

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<v Speaker 3>very fine lawyer from the East Coast with a lot

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<v Speaker 3>of jury experience, and how would I say eloquent, you know,

356
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<v Speaker 3>not a routine lawyer. He wanted to present her as

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<v Speaker 3>a oh, I don't know, you know, a person who

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<v Speaker 3>righteously or you know, morally, committed an act almost like

359
00:23:51.039 --> 00:23:58.759
<v Speaker 3>jury nullification that was required by what had occurred, he

360
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<v Speaker 3>did not want to present her with any kind of

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<v Speaker 3>a mental defense. She, on the other hand, did not

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<v Speaker 3>want to be politicized. I think while it was occurring

363
00:24:16.039 --> 00:24:19.519
<v Speaker 3>she responded well. After the trial, I don't think she

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<v Speaker 3>ever responded well again to the media and to the attention.

365
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<v Speaker 3>She always insisted that God had talked to her and

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<v Speaker 3>directed her and opened the door to allow her in

367
00:24:33.559 --> 00:24:43.559
<v Speaker 3>during a recess, and had in essence interceded and compelled

368
00:24:43.680 --> 00:24:48.960
<v Speaker 3>her to do the act. And what she wanted to

369
00:24:49.079 --> 00:24:55.240
<v Speaker 3>do is emphasize that aspect. So one of my fortees

370
00:24:56.400 --> 00:25:03.799
<v Speaker 3>has been defense that involved psychiatry. So obviously you have

371
00:25:03.960 --> 00:25:09.240
<v Speaker 3>not guilty by reason of insanity. Who have dismissals of

372
00:25:09.960 --> 00:25:15.960
<v Speaker 3>cases in referring them to psychiatric wards when they're incompetent,

373
00:25:16.759 --> 00:25:20.960
<v Speaker 3>you have what used to be called diminished the capacity,

374
00:25:21.119 --> 00:25:25.440
<v Speaker 3>now called diminished actuality. You have Hello, it is.

375
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<v Speaker 3>Plus to get the balls, Eat a passion, there's a

394
00:26:27.839 --> 00:26:34.599
<v Speaker 3>great you have unconsciousness, you have intoxication, There's an awful

395
00:26:34.720 --> 00:26:40.400
<v Speaker 3>lot of mental defenses. So with her, she had had

396
00:26:40.599 --> 00:26:44.799
<v Speaker 3>a break, the schizophrenic break, and she had backgrounds in

397
00:26:44.920 --> 00:26:47.680
<v Speaker 3>that area. And I won't go in, you know, to

398
00:26:47.839 --> 00:26:52.640
<v Speaker 3>all the horrible things she's experienced as a child. So

399
00:26:53.920 --> 00:26:57.440
<v Speaker 3>I have had cases. You know, this is a seven

400
00:26:57.519 --> 00:26:59.799
<v Speaker 3>shrink case. This is an eight shrink case where you

401
00:27:00.079 --> 00:27:08.200
<v Speaker 3>put on experts, psychiatrists, after expert psychiatrists after expert psychiatrists.

402
00:27:08.200 --> 00:27:11.039
<v Speaker 3>So it's one of my strengths, it's one of my fortes.

403
00:27:11.720 --> 00:27:14.839
<v Speaker 3>So when you know, I heard that's what she wanted,

404
00:27:14.960 --> 00:27:16.920
<v Speaker 3>and she wanted to discharge the other lawyer because he

405
00:27:17.000 --> 00:27:20.599
<v Speaker 3>wanted to present an entirely different way. That excited me

406
00:27:20.720 --> 00:27:24.480
<v Speaker 3>because I know that I've done that, I've worked with psychiatry.

407
00:27:24.599 --> 00:27:30.119
<v Speaker 3>The the you know, the weddings say of psychiatry and

408
00:27:30.319 --> 00:27:33.920
<v Speaker 3>law for me has always been exciting and innovating and

409
00:27:34.799 --> 00:27:38.640
<v Speaker 3>a frontier. So it was something I liked. That was

410
00:27:38.759 --> 00:27:46.680
<v Speaker 3>one and two is that there was, you know, I

411
00:27:46.799 --> 00:27:51.799
<v Speaker 3>don't know, a moral issue there which attracted everyone. This

412
00:27:53.680 --> 00:28:02.599
<v Speaker 3>deceit was going to walk on rather herrendous molestation because

413
00:28:02.799 --> 00:28:07.920
<v Speaker 3>her child could not testify at a preliminary hearing. He

414
00:28:08.079 --> 00:28:11.640
<v Speaker 3>was crying, he was wringing his hands, and when the

415
00:28:12.759 --> 00:28:18.119
<v Speaker 3>u in customity defendant, the molester of the child, saw that,

416
00:28:19.240 --> 00:28:23.880
<v Speaker 3>he sneered at them, and that was the sneer that

417
00:28:24.079 --> 00:28:29.200
<v Speaker 3>broke her. You see, the sneer was the manifestation of

418
00:28:29.319 --> 00:28:31.319
<v Speaker 3>his state of mind. And it was said to her,

419
00:28:32.480 --> 00:28:35.920
<v Speaker 3>I'm gonna walk out of here and I'm gonna abuse

420
00:28:36.000 --> 00:28:40.640
<v Speaker 3>your child. And that's when she flipped and that's when

421
00:28:40.720 --> 00:28:43.240
<v Speaker 3>God spoke to her, and that's when she went out

422
00:28:43.319 --> 00:28:46.599
<v Speaker 3>to get the gun. And the court should have been closed,

423
00:28:47.000 --> 00:28:49.480
<v Speaker 3>but magically it was open and no one was in

424
00:28:49.599 --> 00:28:52.759
<v Speaker 3>it and only you know, the defendant, and he was

425
00:28:52.839 --> 00:28:55.039
<v Speaker 3>handcuffed and she went up to him and she shot

426
00:28:55.119 --> 00:28:58.200
<v Speaker 3>him and killed him. But she always thought she was

427
00:28:58.279 --> 00:29:03.599
<v Speaker 3>fulfilling the will of God. So the fact you know

428
00:29:03.880 --> 00:29:11.559
<v Speaker 3>that one there's this change the law which needed reform.

429
00:29:12.480 --> 00:29:17.759
<v Speaker 3>Now in California where there's been victims child victims of

430
00:29:19.400 --> 00:29:23.920
<v Speaker 3>sexual molestation, they can testify in a different room. They

431
00:29:24.000 --> 00:29:25.759
<v Speaker 3>don't have to look at the person. They can do it,

432
00:29:25.880 --> 00:29:31.920
<v Speaker 3>you know, through video. So the reform was required. That

433
00:29:32.119 --> 00:29:39.640
<v Speaker 3>kind of issue has to be aired. Psychiatric testimony was

434
00:29:39.839 --> 00:29:45.440
<v Speaker 3>very profound. All aspects of the case were challenging. As

435
00:29:45.519 --> 00:29:50.599
<v Speaker 3>I indicated, she became a media hero. She could go

436
00:29:50.759 --> 00:29:53.200
<v Speaker 3>in front of a camera like she's learned. You know,

437
00:29:54.519 --> 00:30:00.119
<v Speaker 3>her learning curve was straight up. She was dynamic. And

438
00:30:00.759 --> 00:30:04.960
<v Speaker 3>then in no unfortunately she got cancer. She only did

439
00:30:05.079 --> 00:30:08.680
<v Speaker 3>two years on the whole fence and she came out,

440
00:30:08.720 --> 00:30:11.720
<v Speaker 3>I think, like a different human being. And after that

441
00:30:11.839 --> 00:30:16.279
<v Speaker 3>her life spiraled. So in a way, it was not

442
00:30:16.519 --> 00:30:21.200
<v Speaker 3>a political case in a way. It was, you know,

443
00:30:21.480 --> 00:30:30.039
<v Speaker 3>not my norm. But if it tracks, you know, people

444
00:30:30.200 --> 00:30:32.920
<v Speaker 3>like poet because of the drama, there's sure as that

445
00:30:33.160 --> 00:30:35.000
<v Speaker 3>was a lot of drama in that case. There was

446
00:30:35.119 --> 00:30:39.039
<v Speaker 3>drama every minute in that particular case, and you know

447
00:30:39.119 --> 00:30:41.240
<v Speaker 3>a lot of it was like an eighteen hour day.

448
00:30:42.400 --> 00:30:45.519
<v Speaker 6>Now, you haven't really explained too much, and like I'd

449
00:30:45.599 --> 00:30:48.000
<v Speaker 6>like to use this opportunity to do that. What was

450
00:30:48.039 --> 00:30:50.559
<v Speaker 6>your approach in terms of again you said, this is

451
00:30:50.720 --> 00:30:53.519
<v Speaker 6>she had a maternal instinct, she had a history of

452
00:30:54.039 --> 00:30:58.440
<v Speaker 6>molestation in her past. She had this again he sneered.

453
00:30:59.000 --> 00:31:01.480
<v Speaker 6>Her son was only six years old or maybe by

454
00:31:01.519 --> 00:31:04.400
<v Speaker 6>that time seven years old. So this what's how profound

455
00:31:04.400 --> 00:31:08.160
<v Speaker 6>it was. Why the media and the and the the

456
00:31:08.279 --> 00:31:12.000
<v Speaker 6>public was behind her was because they were very, very sympathetic.

457
00:31:12.160 --> 00:31:13.160
<v Speaker 6>So you had that here.

458
00:31:13.759 --> 00:31:17.279
<v Speaker 3>Did you use giant vigilante justice? That's what that's why,

459
00:31:18.000 --> 00:31:24.119
<v Speaker 3>because people wanted vigilante justice in these extreme no conditions,

460
00:31:24.759 --> 00:31:27.880
<v Speaker 3>and that's what attracted them. Even when she said, this

461
00:31:28.119 --> 00:31:31.079
<v Speaker 3>was not an act of vigilante justice. This was an

462
00:31:31.119 --> 00:31:36.079
<v Speaker 3>act you know, of temporary insanity. But but she will

463
00:31:36.200 --> 00:31:39.839
<v Speaker 3>never be known for an act of temporary insanity. She

464
00:31:40.319 --> 00:31:44.119
<v Speaker 3>will be known historically for vigilante justice, taking the law

465
00:31:44.240 --> 00:31:47.880
<v Speaker 3>into your own hand when the law cannot fettle, you know,

466
00:31:48.039 --> 00:31:53.279
<v Speaker 3>a dysfunctional situation. So yeah, there's many people of that

467
00:31:53.480 --> 00:31:58.039
<v Speaker 3>ilk and we have it instinctually as a remnant of

468
00:31:58.519 --> 00:32:03.039
<v Speaker 3>past you know, survival techniques. So you know, that's the

469
00:32:03.160 --> 00:32:08.039
<v Speaker 3>hot button, their vigilante justice, and she would be the

470
00:32:08.240 --> 00:32:10.759
<v Speaker 3>last to claim that that was in her mind at

471
00:32:10.799 --> 00:32:11.200
<v Speaker 3>the time.

472
00:32:12.200 --> 00:32:14.440
<v Speaker 6>Now, now the thing is what you did. You did

473
00:32:14.559 --> 00:32:19.200
<v Speaker 6>overcome incredible obstacles here because despite the fact that the

474
00:32:19.279 --> 00:32:23.119
<v Speaker 6>public was behind you and you had an unsympathetic child

475
00:32:23.240 --> 00:32:26.599
<v Speaker 6>molester who's sneering and a six year old you you

476
00:32:26.720 --> 00:32:30.640
<v Speaker 6>got everybody is sympathizing with the mother and the victim

477
00:32:31.119 --> 00:32:34.160
<v Speaker 6>and certainly not with the killer, the molester that was killed.

478
00:32:34.599 --> 00:32:36.480
<v Speaker 6>But at the same time, you have to overcome that

479
00:32:36.599 --> 00:32:38.440
<v Speaker 6>she went out and got the gun. And so in

480
00:32:38.519 --> 00:32:42.279
<v Speaker 6>many states, with many most lawyers, you've got to admit

481
00:32:42.359 --> 00:32:45.240
<v Speaker 6>that this person, this woman would have been convicted of

482
00:32:45.319 --> 00:32:48.160
<v Speaker 6>a first degree or a second degree murder. So you

483
00:32:48.359 --> 00:32:51.519
<v Speaker 6>got her a really you had a victory with this.

484
00:32:52.000 --> 00:32:54.960
<v Speaker 6>Tell us how you tell us a little bit more

485
00:32:55.000 --> 00:32:58.359
<v Speaker 6>about how you approach the case knowing that this is

486
00:32:58.440 --> 00:33:01.119
<v Speaker 6>the likelihood and how that jury.

487
00:33:01.599 --> 00:33:04.920
<v Speaker 3>See, a lot of people don't understand the concept of

488
00:33:05.279 --> 00:33:10.680
<v Speaker 3>legal insanity. Within the concept of the legal insanity, there

489
00:33:10.759 --> 00:33:18.000
<v Speaker 3>can be premeditation, deliberation, there can be you know, a

490
00:33:18.160 --> 00:33:22.880
<v Speaker 3>first degree scenario. But if you're in vain, the law

491
00:33:22.920 --> 00:33:28.920
<v Speaker 3>doesn't hold you responsible. Right. Remember here's the article type

492
00:33:29.640 --> 00:33:34.480
<v Speaker 3>imagery and it's a po Edgar Allan Poe. And remember

493
00:33:34.920 --> 00:33:39.680
<v Speaker 3>you know the tell tale heart. I remember he goes

494
00:33:39.799 --> 00:33:43.279
<v Speaker 3>up every night and he opens the door and he

495
00:33:43.400 --> 00:33:45.960
<v Speaker 3>lets the lantern the light go on the eye like

496
00:33:46.079 --> 00:33:49.000
<v Speaker 3>his uncle, but it was the eye, and he does

497
00:33:49.039 --> 00:33:51.200
<v Speaker 3>it night after night, and then he finally goes in

498
00:33:51.319 --> 00:33:54.440
<v Speaker 3>and kills the uncle. And then he buries the body

499
00:33:54.640 --> 00:33:58.119
<v Speaker 3>behind the wall, under the floor. And you know, detectives

500
00:33:58.200 --> 00:34:02.680
<v Speaker 3>come in years. And that's Larial Hardy. He's completely crazy.

501
00:34:03.000 --> 00:34:07.640
<v Speaker 3>He's mad under any index of madness that the crime

502
00:34:08.000 --> 00:34:13.000
<v Speaker 3>was completely premeditated, deliberated. You know, it went over a

503
00:34:13.119 --> 00:34:18.079
<v Speaker 3>number of days. There was perhaps the intervals of sanity,

504
00:34:18.719 --> 00:34:22.320
<v Speaker 3>but nonetheless no one would you know, disagree that that

505
00:34:22.519 --> 00:34:26.119
<v Speaker 3>man was insane. But there was premeditation and deliberation in

506
00:34:26.199 --> 00:34:30.760
<v Speaker 3>his actions. So if you can convince that Jerry to

507
00:34:30.840 --> 00:34:34.800
<v Speaker 3>follow the law. In this area, there can be premeditation

508
00:34:35.000 --> 00:34:39.880
<v Speaker 3>deliberation in a psychotic state, in a complete psychotic break.

509
00:34:40.719 --> 00:34:44.079
<v Speaker 3>You know, the criterion on the McNaughton is one, you

510
00:34:44.159 --> 00:34:47.599
<v Speaker 3>don't know the nature and quality of your behavior. Well,

511
00:34:47.639 --> 00:34:49.639
<v Speaker 3>that wasn't her You know what the hell she was doing,

512
00:34:49.840 --> 00:34:54.320
<v Speaker 3>We might infer. But the second leg is that you

513
00:34:54.480 --> 00:34:59.519
<v Speaker 3>can't distinguish between right and wrong. And that's where she

514
00:34:59.719 --> 00:35:03.519
<v Speaker 3>was really insane. God told her to do it. It

515
00:35:03.639 --> 00:35:07.719
<v Speaker 3>wasn't her will, it wasn't her volition. He intervened, and

516
00:35:07.880 --> 00:35:12.400
<v Speaker 3>that means that she thought she was doing God's will.

517
00:35:12.519 --> 00:35:15.519
<v Speaker 3>She thought she was doing the right thing, the good thing,

518
00:35:15.719 --> 00:35:20.880
<v Speaker 3>the moral thing, and therefore she could not distinguish between

519
00:35:21.000 --> 00:35:27.719
<v Speaker 3>right and wrong. Therefore she's insane. The premeditation deliberation don't

520
00:35:27.840 --> 00:35:32.480
<v Speaker 3>count one bit. What really counts in those cases is

521
00:35:32.519 --> 00:35:36.559
<v Speaker 3>what the shrinks say. It's our best index to legal insanity.

522
00:35:37.159 --> 00:35:40.280
<v Speaker 3>You know, we don't throw them in the river any longer.

523
00:35:40.679 --> 00:35:44.039
<v Speaker 3>And if they float there, you know, sane, And if

524
00:35:44.119 --> 00:35:49.000
<v Speaker 3>they you know whatever, if they go under and drown,

525
00:35:49.559 --> 00:35:54.000
<v Speaker 3>their insane or cursed by God, or guilty of the offense,

526
00:35:54.079 --> 00:35:58.199
<v Speaker 3>we don't do it any longer. We use psychiatry, and

527
00:35:58.400 --> 00:36:02.000
<v Speaker 3>psychiatry is imperfect, but psychiatry is the best tool for

528
00:36:02.119 --> 00:36:06.719
<v Speaker 3>proby mentality that we have right now.

529
00:36:06.800 --> 00:36:10.760
<v Speaker 6>Paul Ittte, tell us about another case that do you

530
00:36:10.880 --> 00:36:14.679
<v Speaker 6>cover in the book that you personally witnessed, and just

531
00:36:14.760 --> 00:36:17.760
<v Speaker 6>tell us about that case and what you experienced watching

532
00:36:17.840 --> 00:36:20.920
<v Speaker 6>Tony Sarah, Well, the Bear.

533
00:36:20.880 --> 00:36:25.719
<v Speaker 7>Lincoln case is one of my favorites. This was a

534
00:36:25.960 --> 00:36:29.360
<v Speaker 7>Native American case, and I have a soft spot for

535
00:36:29.559 --> 00:36:34.519
<v Speaker 7>the plight of a Native American. I think it's absolutely

536
00:36:36.920 --> 00:36:42.719
<v Speaker 7>unconscionable what we, the so called white civilized society, has

537
00:36:42.840 --> 00:36:48.199
<v Speaker 7>done to them. And this case, Tony turned around a

538
00:36:49.400 --> 00:36:53.800
<v Speaker 7>nearly impossible situation, or what would have been an impossible situation,

539
00:36:54.159 --> 00:36:57.920
<v Speaker 7>and Bear Lincoln went free. And the thing that I

540
00:36:58.039 --> 00:37:03.079
<v Speaker 7>found beautiful about this case was all the sort of

541
00:37:05.119 --> 00:37:10.679
<v Speaker 7>side issues that went on with ceremony and drumming and

542
00:37:12.639 --> 00:37:17.599
<v Speaker 7>the buckskin vest that was sown by aunties and put

543
00:37:17.639 --> 00:37:20.239
<v Speaker 7>on every day in court and aired out every night

544
00:37:20.360 --> 00:37:26.880
<v Speaker 7>to get rid of the vibrate, the bad vibrations of

545
00:37:26.960 --> 00:37:29.920
<v Speaker 7>the court. And so there was just a tremendous amount

546
00:37:30.079 --> 00:37:35.679
<v Speaker 7>of deep ceremony that attended this case and I found

547
00:37:35.760 --> 00:37:40.559
<v Speaker 7>it extremely moving. It was a death penalty case. Bear

548
00:37:40.679 --> 00:37:50.400
<v Speaker 7>Lincoln shot and killed in self defense a sheriff, and

549
00:37:50.800 --> 00:37:53.519
<v Speaker 7>there actually were two sheriffs, and it turned out that

550
00:37:54.360 --> 00:37:57.920
<v Speaker 7>the sheriff that was shot and killed it turned out

551
00:37:57.960 --> 00:38:01.400
<v Speaker 7>that it was friendly fire by his by we have

552
00:38:01.519 --> 00:38:05.039
<v Speaker 7>his head off, and not Bear Lincoln at all. But

553
00:38:05.280 --> 00:38:09.679
<v Speaker 7>just the fact that bar Lincoln was native was tantamount

554
00:38:09.760 --> 00:38:14.599
<v Speaker 7>to guilt. So he was automatically considered a murderer and

555
00:38:15.039 --> 00:38:16.440
<v Speaker 7>was facing the death penalty.

556
00:38:18.360 --> 00:38:20.159
<v Speaker 6>And there's a little more to the story too that

557
00:38:20.519 --> 00:38:25.639
<v Speaker 6>that part of the defense was is that is again

558
00:38:25.880 --> 00:38:29.719
<v Speaker 6>because these are side issues, is the social aspect of it,

559
00:38:30.039 --> 00:38:33.400
<v Speaker 6>how he was raised, and the mistrust of the police,

560
00:38:34.079 --> 00:38:38.679
<v Speaker 6>primarily white and in some of the other the things

561
00:38:38.679 --> 00:38:43.039
<v Speaker 6>that happened that evening that created this this fear that

562
00:38:43.280 --> 00:38:46.119
<v Speaker 6>was tangible for him. And he shot in self defense,

563
00:38:46.239 --> 00:38:49.880
<v Speaker 6>not shooting at anyone personally, just shooting in defense after

564
00:38:50.039 --> 00:38:53.840
<v Speaker 6>being what he claimed to have been shots fired on

565
00:38:53.960 --> 00:38:58.039
<v Speaker 6>him for no reason. And that he also looted police

566
00:38:58.159 --> 00:39:00.320
<v Speaker 6>and feared for his life. So tell us a little

567
00:39:00.320 --> 00:39:04.360
<v Speaker 6>bit more about that, because that's a fascinating, fascinating drama.

568
00:39:04.480 --> 00:39:06.599
<v Speaker 6>And this opens up the book two in chapter one.

569
00:39:06.719 --> 00:39:11.360
<v Speaker 7>So well, I mean, I think I'll pass to Tony

570
00:39:11.440 --> 00:39:16.159
<v Speaker 7>since he's a master on this. But basically, I would

571
00:39:16.239 --> 00:39:18.559
<v Speaker 7>like to say that of the Native Americans that I know,

572
00:39:18.719 --> 00:39:21.280
<v Speaker 7>and I now know quite a few, I live in

573
00:39:21.400 --> 00:39:25.480
<v Speaker 7>Santa Fe and you know, there's a high percentage of

574
00:39:25.599 --> 00:39:28.960
<v Speaker 7>Native Americans here, and I can attest to the fact

575
00:39:29.119 --> 00:39:34.880
<v Speaker 7>that all Native Americans have issue with the white man

576
00:39:35.039 --> 00:39:38.559
<v Speaker 7>and his law, and I don't blame them, and they

577
00:39:38.760 --> 00:39:43.800
<v Speaker 7>will They will protect themselves in any way they can,

578
00:39:45.000 --> 00:39:48.159
<v Speaker 7>and mostly, you know, if they have to run, they run,

579
00:39:48.280 --> 00:39:51.519
<v Speaker 7>and it's not the same as running out of guilt,

580
00:39:51.760 --> 00:39:53.719
<v Speaker 7>it's just wanting to get the hell out of there

581
00:39:54.480 --> 00:39:57.079
<v Speaker 7>because the white man's law has never done them any

582
00:39:57.119 --> 00:40:02.400
<v Speaker 7>good and has been in act the source of all

583
00:40:02.639 --> 00:40:09.920
<v Speaker 7>their problems and terrible history and the background. So anyway,

584
00:40:10.280 --> 00:40:12.880
<v Speaker 7>I will pass this on to Tony to do the

585
00:40:12.960 --> 00:40:13.880
<v Speaker 7>legal well.

586
00:40:14.159 --> 00:40:18.400
<v Speaker 3>I think one of the connotation one of your questions

587
00:40:18.719 --> 00:40:24.960
<v Speaker 3>was the history of the genocide of the Pacific Northwest

588
00:40:25.039 --> 00:40:33.079
<v Speaker 3>Indians at the hands of the white settlers and white vigilantes, etc.

589
00:40:33.800 --> 00:40:37.639
<v Speaker 3>And so it was the second time that I participated

590
00:40:37.719 --> 00:40:42.840
<v Speaker 3>in defense of Native American for allegedly killing a police officer.

591
00:40:43.480 --> 00:40:46.239
<v Speaker 3>And in each time we utilized as part of our

592
00:40:46.320 --> 00:40:50.559
<v Speaker 3>defense what's now known as the cultural defense, and the

593
00:40:50.639 --> 00:40:56.760
<v Speaker 3>cultural defense explores the state of mind of the defendant

594
00:40:56.880 --> 00:41:01.760
<v Speaker 3>at the time of the offense. So we hadn't here

595
00:41:02.239 --> 00:41:09.079
<v Speaker 3>a duration where our client had fled, he had absconded,

596
00:41:09.880 --> 00:41:14.800
<v Speaker 3>he ran from the scene. And there is a law

597
00:41:14.960 --> 00:41:23.599
<v Speaker 3>that's well placed in California particularly, is utilized by prosecutors

598
00:41:23.639 --> 00:41:27.400
<v Speaker 3>whenever they can. And it boils down to flight is

599
00:41:27.639 --> 00:41:31.280
<v Speaker 3>an indicator, or they call it indisha. Flight's an indisha

600
00:41:31.519 --> 00:41:35.039
<v Speaker 3>of guilty runaway, you must have a guilty mind. So

601
00:41:35.840 --> 00:41:40.360
<v Speaker 3>using that as a focal point, very small microcosm within

602
00:41:40.480 --> 00:41:44.400
<v Speaker 3>the case, we blew it up and we put on experts,

603
00:41:44.719 --> 00:41:49.400
<v Speaker 3>you know, from all walks of life. Harvard professors. State

604
00:41:49.639 --> 00:41:54.960
<v Speaker 3>your name, you know, states his name, state their profession,

605
00:41:55.280 --> 00:42:00.239
<v Speaker 3>state your specialty, you know, state what publications you have

606
00:42:00.599 --> 00:42:03.480
<v Speaker 3>created in this specialty. And then at the end stay

607
00:42:03.519 --> 00:42:07.679
<v Speaker 3>of crime. I can remember when say Papachi, and then

608
00:42:07.760 --> 00:42:10.239
<v Speaker 3>you go into the history of the genocide and why

609
00:42:10.320 --> 00:42:13.239
<v Speaker 3>they distrust white and why they always run for white.

610
00:42:13.639 --> 00:42:17.880
<v Speaker 3>And he you know, at an early age when the

611
00:42:17.920 --> 00:42:25.000
<v Speaker 3>fleece reigned in the Indian compounds and the reservations. The

612
00:42:25.159 --> 00:42:27.679
<v Speaker 3>children all run in the in the in the middle

613
00:42:27.719 --> 00:42:31.360
<v Speaker 3>of the winter, you know, when the ground is snow

614
00:42:32.320 --> 00:42:36.480
<v Speaker 3>and the river is partly frozen over. You have the

615
00:42:36.639 --> 00:42:39.000
<v Speaker 3>children hiding from the police when they come there to

616
00:42:39.280 --> 00:42:43.320
<v Speaker 3>you know, rest the father for for something you know,

617
00:42:43.519 --> 00:42:46.960
<v Speaker 3>real or spurious. So there is great fear. So we

618
00:42:47.119 --> 00:42:49.960
<v Speaker 3>had the Jerry Kayen. We put on weeks and weeks

619
00:42:50.079 --> 00:42:52.320
<v Speaker 3>of the history of the genocide. They you know, they

620
00:42:52.400 --> 00:42:55.920
<v Speaker 3>killed ninety five percent of all of the Indians. They

621
00:42:55.960 --> 00:42:59.280
<v Speaker 3>would bring in the scalps they were paying for Indian scalps.

622
00:42:59.559 --> 00:43:01.920
<v Speaker 3>They ran out of money. They were given twenty five dollars,

623
00:43:02.000 --> 00:43:04.840
<v Speaker 3>you know for every Indian you're killed, and they ran

624
00:43:04.920 --> 00:43:07.360
<v Speaker 3>out of money. And the ones who used to kill

625
00:43:07.880 --> 00:43:09.880
<v Speaker 3>Indians for scalps and for money would have to go

626
00:43:09.960 --> 00:43:12.719
<v Speaker 3>in the Nevada to get their money. That's how we

627
00:43:13.079 --> 00:43:17.159
<v Speaker 3>got on stories where the vigilante you know, whites, would

628
00:43:17.199 --> 00:43:19.480
<v Speaker 3>go into an Indian camp. They'd kill all the men.

629
00:43:20.119 --> 00:43:23.559
<v Speaker 3>Then you know, they'd rape the woman and then they

630
00:43:23.599 --> 00:43:26.559
<v Speaker 3>would take the babies and they would swing them around

631
00:43:27.039 --> 00:43:30.000
<v Speaker 3>and smash them against the trees, and so you know,

632
00:43:30.159 --> 00:43:32.199
<v Speaker 3>those are the kind of things that that we put

633
00:43:32.280 --> 00:43:35.199
<v Speaker 3>in the jury's mind a mind you well, at the

634
00:43:35.280 --> 00:43:38.440
<v Speaker 3>same time they're hearing these horrific tales and they're really

635
00:43:38.840 --> 00:43:44.840
<v Speaker 3>openly weeping. The whole court is surrounded by Native Americans,

636
00:43:44.920 --> 00:43:48.719
<v Speaker 3>a small court in near Caya, California, whole fashion court,

637
00:43:49.360 --> 00:43:54.719
<v Speaker 3>and they're drumming and they're chanting and they're singing, and there,

638
00:43:55.039 --> 00:44:01.280
<v Speaker 3>you know, utilizing every effort to infect, don't trade the

639
00:44:01.519 --> 00:44:05.239
<v Speaker 3>court room, to impregnate the jury with their passion and

640
00:44:05.360 --> 00:44:08.719
<v Speaker 3>their fury. Because he was truly innocent. It turns out,

641
00:44:09.199 --> 00:44:12.559
<v Speaker 3>just as Paul Hat said, turns out that it was

642
00:44:12.760 --> 00:44:17.880
<v Speaker 3>the gun fire of his fellow officer who killed him,

643
00:44:17.920 --> 00:44:21.400
<v Speaker 3>that it wasn't my client at all, and therefore he

644
00:44:21.599 --> 00:44:25.320
<v Speaker 3>was truly factually innocent. So it was, you know, a

645
00:44:25.480 --> 00:44:29.440
<v Speaker 3>fabulous case. We were smoked. And that means that before

646
00:44:30.159 --> 00:44:34.920
<v Speaker 3>you go into court, the court room, we were allowed

647
00:44:35.000 --> 00:44:39.079
<v Speaker 3>because it's an Indian religious ceremonial act that's allowed, like

648
00:44:39.199 --> 00:44:44.079
<v Speaker 3>you can being you know, a Bible or a religious

649
00:44:44.119 --> 00:44:47.440
<v Speaker 3>book into court, and so he was allowing that. So

650
00:44:47.920 --> 00:44:51.639
<v Speaker 3>the lawyers would go into the holding cell, the holy

651
00:44:51.760 --> 00:44:54.599
<v Speaker 3>person would come in and we would be smoked, and

652
00:44:54.679 --> 00:44:57.559
<v Speaker 3>we would be tunted upon and we would be prayed for,

653
00:44:58.119 --> 00:44:59.800
<v Speaker 3>and then we walked out and there would be the jury.

654
00:45:00.079 --> 00:45:02.800
<v Speaker 3>We were still the smoke is coming off of our clothes.

655
00:45:03.360 --> 00:45:06.519
<v Speaker 3>You know, they could feel the strength of the religious

656
00:45:06.599 --> 00:45:09.920
<v Speaker 3>ceremony at that point. I don't think that's ever happened,

657
00:45:10.599 --> 00:45:14.559
<v Speaker 3>you know, ever, to be smoked in court prior to

658
00:45:14.719 --> 00:45:17.840
<v Speaker 3>court commencing, and you know where they can see him,

659
00:45:17.880 --> 00:45:20.440
<v Speaker 3>smell it and feel it the jury and then outside

660
00:45:20.559 --> 00:45:23.719
<v Speaker 3>the chanting and the drums beating and seeming like the

661
00:45:24.079 --> 00:45:28.440
<v Speaker 3>whole court, you know, it was vibrating. We knew early

662
00:45:28.639 --> 00:45:31.360
<v Speaker 3>that we would never ever lose. You can always hang anything,

663
00:45:31.559 --> 00:45:34.320
<v Speaker 3>you know, I can hang it for you or against you,

664
00:45:34.440 --> 00:45:38.519
<v Speaker 3>But we would never lose because one is, I think

665
00:45:38.639 --> 00:45:42.719
<v Speaker 3>we showed overwhelmingly that he was actually innocent. And two

666
00:45:43.119 --> 00:45:48.840
<v Speaker 3>is the cultural defense so sensitizes you, so you know,

667
00:45:49.159 --> 00:45:56.639
<v Speaker 3>it creates ultimately this this profound empathy, this complete you know,

668
00:45:56.840 --> 00:46:01.000
<v Speaker 3>guilt feeling about the fact that the Indians were genocided

669
00:46:01.559 --> 00:46:06.480
<v Speaker 3>that when it's relevant, it's overwhelming. And you know, I've

670
00:46:06.559 --> 00:46:09.599
<v Speaker 3>put the three things together, the presence of the Indians,

671
00:46:09.719 --> 00:46:12.679
<v Speaker 3>the drummings, and their ceremony and their presence in court

672
00:46:12.800 --> 00:46:15.159
<v Speaker 3>and the presence of the Holy people and the presence

673
00:46:15.239 --> 00:46:18.280
<v Speaker 3>of their prayers. One. Two, the fact that he was

674
00:46:18.400 --> 00:46:25.679
<v Speaker 3>actually innocent. Three the cultural defense. And it was very triumphant.

675
00:46:25.920 --> 00:46:29.519
<v Speaker 3>It was a great case, and it was very significant

676
00:46:29.760 --> 00:46:36.159
<v Speaker 3>to the Native Americans because once again they had extended,

677
00:46:37.000 --> 00:46:41.039
<v Speaker 3>they had extended to white man's law. White man's law.

678
00:46:41.679 --> 00:46:44.800
<v Speaker 3>You know, for them, justice means just us, that is

679
00:46:44.920 --> 00:46:48.199
<v Speaker 3>white and they've never been treated equally, and they've never

680
00:46:48.360 --> 00:46:51.719
<v Speaker 3>been given a break, and they've never really been understood,

681
00:46:52.119 --> 00:46:54.000
<v Speaker 3>and they don't want to be part of it. And

682
00:46:54.440 --> 00:46:59.320
<v Speaker 3>once again they you know, put their heart in their

683
00:46:59.440 --> 00:47:04.440
<v Speaker 3>mind into the process and once you know, symbolically they

684
00:47:04.519 --> 00:47:09.280
<v Speaker 3>were rewarded this particular case. It stands ultimately for you know,

685
00:47:09.400 --> 00:47:14.719
<v Speaker 3>white man justice on one occasion, jury justice on one

686
00:47:14.760 --> 00:47:19.000
<v Speaker 3>occasion for wrongfully charged Native American. And there's so many

687
00:47:19.159 --> 00:47:23.920
<v Speaker 3>Native Americans and other minorities who I can't ultimately get

688
00:47:24.000 --> 00:47:27.800
<v Speaker 3>railroaded because they don't have good lawyers, because no one

689
00:47:27.840 --> 00:47:31.920
<v Speaker 3>will fight for them, because they're stereotyped, because they're ultimately

690
00:47:32.039 --> 00:47:36.159
<v Speaker 3>outcast in our culture. So it was you know, a

691
00:47:36.400 --> 00:47:39.079
<v Speaker 3>very strong symbolic political case.

692
00:47:40.360 --> 00:47:42.400
<v Speaker 6>Well, you know, for the audience that doesn't know this,

693
00:47:42.679 --> 00:47:45.800
<v Speaker 6>but maybe this is a point you could you either

694
00:47:45.800 --> 00:47:48.440
<v Speaker 6>agree or disagree. But I think that it really comes

695
00:47:48.480 --> 00:47:52.880
<v Speaker 6>down to the often there's not that many robin hoods

696
00:47:52.920 --> 00:47:54.760
<v Speaker 6>of law like yourself that are going to go and

697
00:47:55.199 --> 00:47:59.239
<v Speaker 6>do stuff pro bono and spend the necessary funds and

698
00:47:59.320 --> 00:48:01.840
<v Speaker 6>then have the skin that you have acquired over your

699
00:48:02.000 --> 00:48:05.599
<v Speaker 6>almost fifty years or fifty years of practice. Really comes

700
00:48:05.639 --> 00:48:10.119
<v Speaker 6>down to who can afford certain lawyers, isn't it We've

701
00:48:10.199 --> 00:48:10.559
<v Speaker 6>seen that.

702
00:48:12.239 --> 00:48:17.000
<v Speaker 3>What you're saying is absolutely true, and isn't it a

703
00:48:17.199 --> 00:48:26.719
<v Speaker 3>tragedy that now we more concretely understand the manipulation of

704
00:48:26.880 --> 00:48:31.400
<v Speaker 3>the one percent over the ninety nine percent. But it's

705
00:48:31.440 --> 00:48:36.039
<v Speaker 3>always been true in law that the rich walk in

706
00:48:36.320 --> 00:48:40.519
<v Speaker 3>while the four go to prison. It's present and death penalty,

707
00:48:40.880 --> 00:48:46.360
<v Speaker 3>it's present in percent the prosecution, it's present in statistics

708
00:48:46.920 --> 00:48:52.840
<v Speaker 3>regarding resolution of cases. And that is another aspect of

709
00:48:53.039 --> 00:48:57.400
<v Speaker 3>this country. Yet you know purports to be egitarian. The

710
00:48:58.039 --> 00:49:03.639
<v Speaker 3>democratic process for everyone that has utterly failed because just

711
00:49:03.760 --> 00:49:07.079
<v Speaker 3>what you said, if you have a good lawyer, your

712
00:49:07.239 --> 00:49:12.960
<v Speaker 3>chances are extremely better than if you have mediocre lawyer.

713
00:49:13.119 --> 00:49:16.199
<v Speaker 3>If you have the resources to get the experts and

714
00:49:16.280 --> 00:49:20.239
<v Speaker 3>the resources to get the investigation, and the resources to

715
00:49:20.400 --> 00:49:25.400
<v Speaker 3>get the witnesses. Your chances are enhanced, and poor people

716
00:49:25.559 --> 00:49:29.599
<v Speaker 3>don't have those resources. Public defenders' offices, you know, as

717
00:49:29.679 --> 00:49:33.320
<v Speaker 3>good as they are and as idealistic as most of

718
00:49:33.480 --> 00:49:36.639
<v Speaker 3>them are, do not have the resources. They're over work,

719
00:49:36.760 --> 00:49:39.320
<v Speaker 3>they don't have enough money. They can't really do a

720
00:49:39.440 --> 00:49:43.800
<v Speaker 3>case like a private lawyer with resources. So you know

721
00:49:43.960 --> 00:49:48.239
<v Speaker 3>in a sense that we need more pro bono lawyers.

722
00:49:48.519 --> 00:49:52.840
<v Speaker 3>And you know there's constant movement to create in the

723
00:49:52.960 --> 00:49:56.920
<v Speaker 3>large office section that would do pro bonal work. But

724
00:49:57.079 --> 00:49:59.440
<v Speaker 3>it isn't enough to be pro bono just what you said.

725
00:49:59.480 --> 00:50:02.480
<v Speaker 3>You've got to have the experience. And the experience comes,

726
00:50:02.639 --> 00:50:06.079
<v Speaker 3>you know, from throwing yourself into one case after the next.

727
00:50:06.639 --> 00:50:08.840
<v Speaker 3>And I always don't like that. I can remember when

728
00:50:08.840 --> 00:50:10.880
<v Speaker 3>I first started, you know, I'm like a public center.

729
00:50:10.920 --> 00:50:13.719
<v Speaker 3>I go to law it's starting to trial every week

730
00:50:13.880 --> 00:50:18.199
<v Speaker 3>in the old days. Now they take longer. But would

731
00:50:18.239 --> 00:50:18.679
<v Speaker 3>come up.

732
00:50:18.599 --> 00:50:21.960
<v Speaker 1>To Lucky Land Casino asking people, what's the weirdest place

733
00:50:22.039 --> 00:50:23.239
<v Speaker 1>you've gotten Lucky.

734
00:50:23.320 --> 00:50:26.039
<v Speaker 2>Lucky in line at the Delhi I guess ah in

735
00:50:26.119 --> 00:50:29.280
<v Speaker 2>my dentist's office more than once. Actually do I have

736
00:50:29.440 --> 00:50:29.760
<v Speaker 2>to say?

737
00:50:30.000 --> 00:50:30.159
<v Speaker 3>Yes?

738
00:50:30.239 --> 00:50:33.159
<v Speaker 2>You do in the car before my kid's PTA meeting?

739
00:50:33.400 --> 00:50:34.119
<v Speaker 3>Really? Yes?

740
00:50:34.519 --> 00:50:37.039
<v Speaker 2>Excuse me? What's the weirdest place you've gotten lucky? I

741
00:50:37.559 --> 00:50:39.559
<v Speaker 2>never win? And tell well, there you have it.

742
00:50:39.599 --> 00:50:42.360
<v Speaker 4>You could get lucky anywhere playing at lucky landslots dot

743
00:50:42.480 --> 00:50:43.960
<v Speaker 4>com play for free right now?

744
00:50:44.280 --> 00:50:45.199
<v Speaker 2>Are you feeling lucky?

745
00:50:45.320 --> 00:50:47.480
<v Speaker 1>No, we're not necessarily gonna be my law eighteen plus turns,

746
00:50:47.480 --> 00:50:48.800
<v Speaker 1>the conditions plus what's every dains?

747
00:50:49.119 --> 00:50:51.440
<v Speaker 3>They would say, Oh, Tony, you're never gonna make any

748
00:50:51.480 --> 00:50:55.960
<v Speaker 3>money like that. I settled you know, ten cases. You

749
00:50:56.199 --> 00:51:00.519
<v Speaker 3>know during the time that you tried one. That means

750
00:51:00.880 --> 00:51:04.119
<v Speaker 3>at least I may ten times more than you. You

751
00:51:04.199 --> 00:51:06.679
<v Speaker 3>can't go on trying the cases. It's going to be banned,

752
00:51:06.840 --> 00:51:11.519
<v Speaker 3>you know, for your career or whatever way they were

753
00:51:11.599 --> 00:51:16.840
<v Speaker 3>expressing it. But out keep you know, that wasn't my motive.

754
00:51:17.159 --> 00:51:19.760
<v Speaker 3>I took what they call it the facto, a vow

755
00:51:19.880 --> 00:51:24.039
<v Speaker 3>of poverty. I don't believe in owning private property. I

756
00:51:24.119 --> 00:51:27.760
<v Speaker 3>don't believe in, you know, the probate system where you

757
00:51:27.840 --> 00:51:31.760
<v Speaker 3>can pass it on. I don't believe incorporations for all

758
00:51:31.840 --> 00:51:38.199
<v Speaker 3>of the obvious reasons. I don't believe in income tax.

759
00:51:38.360 --> 00:51:41.880
<v Speaker 3>As you know, I'm the lifelong time protester, having been

760
00:51:42.000 --> 00:51:46.119
<v Speaker 3>convicted three times of non you know, payment or late

761
00:51:46.239 --> 00:51:51.440
<v Speaker 3>payment or failure to pay, and not moralterpitude, not felonious,

762
00:51:51.639 --> 00:51:55.800
<v Speaker 3>you know. So my bar license remains with me. But

763
00:51:57.920 --> 00:52:02.559
<v Speaker 3>I early decided if if if something's valuable and it's

764
00:52:02.599 --> 00:52:09.199
<v Speaker 3>ideological to you, to you, it's relativistic, then materialism interfused

765
00:52:09.280 --> 00:52:16.360
<v Speaker 3>with that, I'm free to be compulsive, obsessive about the cases,

766
00:52:16.800 --> 00:52:20.599
<v Speaker 3>about whom I represent, about the ideology of the person

767
00:52:21.000 --> 00:52:25.760
<v Speaker 3>I represent. You know, that's my world, that's my microcosm.

768
00:52:26.360 --> 00:52:29.360
<v Speaker 3>And I don't have to worry about stocks and bonds

769
00:52:29.480 --> 00:52:32.559
<v Speaker 3>and what the percent of interest is and you know

770
00:52:32.679 --> 00:52:36.199
<v Speaker 3>whether the stock market is doing well, and you know

771
00:52:36.320 --> 00:52:42.320
<v Speaker 3>what the housing market, you know what it's status is

772
00:52:42.920 --> 00:52:45.760
<v Speaker 3>or what that is completely eliminated. I don't sit on

773
00:52:45.920 --> 00:52:49.400
<v Speaker 3>the weekend on some fancy you know boat. I don't

774
00:52:49.480 --> 00:52:58.360
<v Speaker 3>take you know, expensive meals, very frugal. Maybe I distinguish myself,

775
00:52:58.559 --> 00:53:02.599
<v Speaker 3>you know, with oldoes and used clothes and clothes that

776
00:53:02.719 --> 00:53:05.880
<v Speaker 3>don't fit me and things like that. And part of

777
00:53:05.960 --> 00:53:08.800
<v Speaker 3>that maybe was calculated, but it's them from the fact

778
00:53:08.840 --> 00:53:11.159
<v Speaker 3>I took a vowel, and I don't buy anything new.

779
00:53:11.199 --> 00:53:14.880
<v Speaker 3>I haven't bought anything new in fifty years. I guess,

780
00:53:15.440 --> 00:53:18.360
<v Speaker 3>you know, normally their ties, and I have a zillion ties.

781
00:53:18.440 --> 00:53:20.920
<v Speaker 3>I put them all over the wall, them off eat

782
00:53:21.039 --> 00:53:25.480
<v Speaker 3>the ones that are ediblew but beyond ties, I don't

783
00:53:25.480 --> 00:53:29.039
<v Speaker 3>know if I have any any things. You know, I've

784
00:53:29.119 --> 00:53:33.280
<v Speaker 3>never valued things, and so I don't collect, you know,

785
00:53:33.639 --> 00:53:38.599
<v Speaker 3>anything of value. I collect the matchboxes, I collect eyes.

786
00:53:38.719 --> 00:53:41.519
<v Speaker 3>I guess I don't know if I collect anything else.

787
00:53:41.599 --> 00:53:48.239
<v Speaker 3>I collect victories. You know. That's that's my passion, you

788
00:53:48.360 --> 00:53:52.079
<v Speaker 3>know is I always say not guilty or the two

789
00:53:52.400 --> 00:54:00.280
<v Speaker 3>holiest words in jurisprudence. So it's it's not guilty, is

790
00:54:00.400 --> 00:54:04.360
<v Speaker 3>what you know? I pursue that. That's my banner.

791
00:54:05.480 --> 00:54:11.280
<v Speaker 7>Dan, I would just like to interject something here, back

792
00:54:11.360 --> 00:54:16.280
<v Speaker 7>to the underdog not being able to afford good a

793
00:54:16.360 --> 00:54:20.840
<v Speaker 7>good lawyer good representation. I think the thing that is

794
00:54:21.320 --> 00:54:27.480
<v Speaker 7>that most distinguishes a great lawyer from I guess the

795
00:54:27.559 --> 00:54:30.199
<v Speaker 7>rest of the pack, for lack of a better word,

796
00:54:31.039 --> 00:54:35.480
<v Speaker 7>is creativity and vision. And one of the things that

797
00:54:35.639 --> 00:54:39.320
<v Speaker 7>Tony brings to court that I find absolutely hair raising

798
00:54:40.440 --> 00:54:47.119
<v Speaker 7>is his way of pulling out of a gruesome situation

799
00:54:47.400 --> 00:54:53.159
<v Speaker 7>of the trial of the case, a particular detail or

800
00:54:53.559 --> 00:54:57.920
<v Speaker 7>or set of details that sets it apart and makes

801
00:54:58.039 --> 00:55:03.800
<v Speaker 7>is it becomes an argument an unto itself, and then

802
00:55:03.920 --> 00:55:07.920
<v Speaker 7>the prosecution has to deal with that. And you know,

803
00:55:08.440 --> 00:55:12.760
<v Speaker 7>many lawyers just plod on the information. They're basically muskoxes

804
00:55:13.440 --> 00:55:18.400
<v Speaker 7>on a poll going in circles. And a person of

805
00:55:18.519 --> 00:55:23.280
<v Speaker 7>Tony's caliber, of which unfortunately there are very few, if any,

806
00:55:25.199 --> 00:55:28.800
<v Speaker 7>he has a vision and he's able to He's able

807
00:55:28.920 --> 00:55:33.760
<v Speaker 7>to pull out the details to create a case around

808
00:55:34.039 --> 00:55:37.719
<v Speaker 7>certain elements that somebody else wouldn't think about. And this

809
00:55:37.920 --> 00:55:39.760
<v Speaker 7>is what this is one of the things that gives

810
00:55:39.840 --> 00:55:40.480
<v Speaker 7>him his power.

811
00:55:42.800 --> 00:55:45.360
<v Speaker 6>Now, what I wanted to ask too, is that Tony, Well,

812
00:55:46.239 --> 00:55:49.639
<v Speaker 6>you know, I've interviewed lawyers that became judges and I

813
00:55:50.320 --> 00:55:52.559
<v Speaker 6>and so they've gave me their philosophy. They said, you know,

814
00:55:52.639 --> 00:55:53.280
<v Speaker 6>this is this is.

815
00:55:53.280 --> 00:55:54.039
<v Speaker 3>What I've fought for.

816
00:55:54.519 --> 00:55:56.679
<v Speaker 6>I've gone in the military to fight for this right

817
00:55:57.079 --> 00:56:01.320
<v Speaker 6>that everybody deserves the best lawyer that they possibly can get. Now,

818
00:56:01.519 --> 00:56:03.880
<v Speaker 6>there are a myriad of differences between you and a

819
00:56:03.960 --> 00:56:08.639
<v Speaker 6>typical lawyer, and not only in technique, but also in philosophy. Now,

820
00:56:09.760 --> 00:56:14.679
<v Speaker 6>I found it interesting that very much like other attorneys,

821
00:56:14.840 --> 00:56:19.880
<v Speaker 6>they say it's not as important whether the client. You

822
00:56:19.960 --> 00:56:22.719
<v Speaker 6>may not even ask the client if they're guilty. I

823
00:56:22.760 --> 00:56:25.800
<v Speaker 6>don't know if I read this in this book. But again,

824
00:56:25.840 --> 00:56:29.119
<v Speaker 6>don't let me quote you. But how do you other

825
00:56:29.239 --> 00:56:31.239
<v Speaker 6>than okay, this is a cause that I believe in.

826
00:56:31.840 --> 00:56:35.519
<v Speaker 6>How do you approach every single client in terms of

827
00:56:35.679 --> 00:56:36.280
<v Speaker 6>their guilt?

828
00:56:37.719 --> 00:56:38.039
<v Speaker 3>Tell you?

829
00:56:38.199 --> 00:56:40.239
<v Speaker 6>How do you read it? Again, that's the question that

830
00:56:40.440 --> 00:56:42.440
<v Speaker 6>a lot of people that are very that don't know

831
00:56:42.599 --> 00:56:45.000
<v Speaker 6>enough about the law. How do you wrestle with that?

832
00:56:45.280 --> 00:56:47.960
<v Speaker 6>What is your criteria? How do you reason this?

833
00:56:49.000 --> 00:56:54.039
<v Speaker 3>I if I started debriefing clients, I would have none.

834
00:56:54.639 --> 00:56:58.559
<v Speaker 3>That's what police do. I don't debrief them. I go

835
00:56:58.719 --> 00:57:02.360
<v Speaker 3>on a need to know basis. Hypothetically, I get a

836
00:57:02.360 --> 00:57:05.320
<v Speaker 3>police report to get away car? You know is a

837
00:57:05.360 --> 00:57:10.000
<v Speaker 3>blue Chevy? I asked the client. And this is oversimplified,

838
00:57:10.159 --> 00:57:11.800
<v Speaker 3>but this is the way you do it.

839
00:57:12.719 --> 00:57:12.920
<v Speaker 1>Do it?

840
00:57:14.920 --> 00:57:19.440
<v Speaker 3>Do you have a blue Chevy? M does it to

841
00:57:19.519 --> 00:57:23.360
<v Speaker 3>be friends of a blue Chevy? You know? Is anyone

842
00:57:23.559 --> 00:57:25.760
<v Speaker 3>going to testify that they have seen you in the

843
00:57:25.800 --> 00:57:30.000
<v Speaker 3>blue Chevy? You know? On a premise that he hasn't

844
00:57:30.039 --> 00:57:33.960
<v Speaker 3>been identified? And the car hasn't identified in their circumstantial

845
00:57:34.119 --> 00:57:37.159
<v Speaker 3>evidence that links them to the car, maybe even someone's statement.

846
00:57:37.719 --> 00:57:42.519
<v Speaker 3>But it's called I need to know. You don't encourage

847
00:57:42.559 --> 00:57:44.719
<v Speaker 3>a whole narrative. In fact, you come, shut up, I

848
00:57:44.760 --> 00:57:50.760
<v Speaker 3>don't even want to hear it. You ask specificate issues.

849
00:57:51.679 --> 00:57:55.840
<v Speaker 3>Now there comes a time, and it can be very

850
00:57:55.880 --> 00:57:59.079
<v Speaker 3>early or very late on that decision and whether put

851
00:57:59.079 --> 00:58:04.199
<v Speaker 3>the client on or not right, And obviously then you

852
00:58:04.480 --> 00:58:10.119
<v Speaker 3>have to go into the matters deeper. Why previously it

853
00:58:10.199 --> 00:58:13.519
<v Speaker 3>was only for purpose across examination and to obtain witnesses

854
00:58:13.599 --> 00:58:17.639
<v Speaker 3>on your behalf and you know, subpoena evidence, investigate aspects

855
00:58:17.679 --> 00:58:20.159
<v Speaker 3>of the case. But see are you know he's going

856
00:58:20.239 --> 00:58:23.360
<v Speaker 3>to be examined on every issue. So I kind of

857
00:58:23.440 --> 00:58:25.559
<v Speaker 3>do it like a prosecutor does it. I say, these

858
00:58:25.559 --> 00:58:27.039
<v Speaker 3>are going to be the kind of question he's going

859
00:58:27.119 --> 00:58:30.880
<v Speaker 3>to be asked, and I'll go at them like I'm

860
00:58:30.920 --> 00:58:35.800
<v Speaker 3>a prosecutor. And the first time, I don't even ask

861
00:58:35.880 --> 00:58:39.320
<v Speaker 3>him to answer. I want them to know what they're

862
00:58:39.320 --> 00:58:44.719
<v Speaker 3>going to be subjected to, and then you know, later

863
00:58:45.079 --> 00:58:51.239
<v Speaker 3>i'll see their answers. It's not my progative to grade

864
00:58:51.320 --> 00:58:56.559
<v Speaker 3>them and you know, change them or anything. But you know,

865
00:58:58.199 --> 00:59:02.239
<v Speaker 3>I won't take a case, at least nowadays, where I

866
00:59:02.440 --> 00:59:09.480
<v Speaker 3>don't have a strong belief in some factors that will

867
00:59:09.519 --> 00:59:12.079
<v Speaker 3>allow for acquittal. I'm not going to take, you know,

868
00:59:12.199 --> 00:59:13.920
<v Speaker 3>but I do. I say that, and then I do.

869
00:59:14.119 --> 00:59:17.400
<v Speaker 3>I'm not taking these dogs or these dead on arrivals.

870
00:59:17.480 --> 00:59:19.840
<v Speaker 3>And you know how you put so much emotion and

871
00:59:20.280 --> 00:59:23.440
<v Speaker 3>so much of your psyche into it, and how crushing

872
00:59:23.559 --> 00:59:27.599
<v Speaker 3>it is to lose when every day of trial merely

873
00:59:27.960 --> 00:59:32.119
<v Speaker 3>is another nail in your client's coffin, and you never,

874
00:59:32.320 --> 00:59:35.639
<v Speaker 3>the lawyer, never recover. So there's always something I strongly

875
00:59:35.760 --> 00:59:38.280
<v Speaker 3>believe in, and that's what I want to, you know,

876
00:59:38.480 --> 00:59:41.920
<v Speaker 3>bring out. It can be moral, it can be legal,

877
00:59:42.159 --> 00:59:46.119
<v Speaker 3>it can be factual, it can be mitigating, it can

878
00:59:46.280 --> 00:59:50.440
<v Speaker 3>be psychiatric. And as Filette says, you got to get

879
00:59:50.440 --> 00:59:52.800
<v Speaker 3>passionate about that. You have to emote about that, You

880
00:59:52.880 --> 00:59:56.119
<v Speaker 3>have to convey that. That has to obliterate everything else

881
00:59:56.400 --> 00:59:59.599
<v Speaker 3>that has to overcome reason and logic. You know, we

882
01:00:00.360 --> 01:00:06.840
<v Speaker 3>the defense bar we are in you know, the sub cerebral.

883
01:00:07.400 --> 01:00:12.039
<v Speaker 3>We're not in the cerebral. We would lose all, you know,

884
01:00:12.320 --> 01:00:16.440
<v Speaker 3>many many more cases if we operated in the so

885
01:00:16.719 --> 01:00:22.760
<v Speaker 3>called rational cerebral order, the logical you know, sequence, et cetera.

886
01:00:23.000 --> 01:00:27.039
<v Speaker 3>The reasonable inference. So we have to we have to

887
01:00:27.159 --> 01:00:29.920
<v Speaker 3>mote and we have to remote around an issue that

888
01:00:30.159 --> 01:00:34.079
<v Speaker 3>can be reasonable doubt. And in terms of what the

889
01:00:34.159 --> 01:00:39.239
<v Speaker 3>client did and did not you have to emphasize obviously

890
01:00:39.679 --> 01:00:44.199
<v Speaker 3>you know the issue that one has emotional content, second

891
01:00:44.360 --> 01:00:48.960
<v Speaker 3>moral content, and third you know is true and four

892
01:00:49.360 --> 01:00:54.599
<v Speaker 3>is enough to influence the jury. Understand that most cases

893
01:00:54.800 --> 01:00:59.199
<v Speaker 3>have a large, large aspect of during nullification. So those

894
01:00:59.280 --> 01:01:02.440
<v Speaker 3>are the kind of issues, the moral issues, you know,

895
01:01:02.559 --> 01:01:07.880
<v Speaker 3>the issues that may not relate directly to guilt or innocence,

896
01:01:08.000 --> 01:01:11.519
<v Speaker 3>but the moral kind of background or the you know,

897
01:01:11.719 --> 01:01:19.400
<v Speaker 3>the high calling of some of the behavior. Those are

898
01:01:19.480 --> 01:01:23.920
<v Speaker 3>where the jury starts to be vulnerable. And that is

899
01:01:24.159 --> 01:01:28.920
<v Speaker 3>the defense in the territory. So I know, going back

900
01:01:29.000 --> 01:01:32.079
<v Speaker 3>to just answering it blank. If I walked in and

901
01:01:32.119 --> 01:01:33.840
<v Speaker 3>say did you do it? Or did you you know,

902
01:01:34.039 --> 01:01:36.320
<v Speaker 3>not do it? Most cases aren't did you do it

903
01:01:36.519 --> 01:01:40.800
<v Speaker 3>or did you not do it? Most cases are self defense,

904
01:01:40.920 --> 01:01:48.039
<v Speaker 3>psychiatric defense, you know, no identification. They're not like mysteries,

905
01:01:48.519 --> 01:01:52.960
<v Speaker 3>They're not like you know, there's going to be during

906
01:01:53.079 --> 01:01:56.840
<v Speaker 3>the trial, the uncovering of some evidence that points to

907
01:01:56.920 --> 01:02:00.679
<v Speaker 3>the real culprit, which you know is the pop kind

908
01:02:00.760 --> 01:02:08.360
<v Speaker 3>of scenario I believe in this television wise, so you know,

909
01:02:08.679 --> 01:02:13.159
<v Speaker 3>it's a different methodology than people would expect.

910
01:02:14.400 --> 01:02:18.280
<v Speaker 6>All right, now we're read at the hour, but we

911
01:02:18.360 --> 01:02:20.559
<v Speaker 6>can go longer if i'd like to go a little

912
01:02:20.559 --> 01:02:23.239
<v Speaker 6>bit longer and ask Paul had some questions and just

913
01:02:23.360 --> 01:02:25.800
<v Speaker 6>to let you know, and if you can hang around

914
01:02:25.880 --> 01:02:27.239
<v Speaker 6>for a little bit as well, Tony.

915
01:02:27.320 --> 01:02:31.440
<v Speaker 3>But if I can, I'm supposed to be my time

916
01:02:31.559 --> 01:02:34.679
<v Speaker 3>somewhere at six thirty, so I'm okay for a bit.

917
01:02:35.440 --> 01:02:39.519
<v Speaker 6>Okay, Great, Now, Paul Att just can't give you something

918
01:02:40.920 --> 01:02:45.320
<v Speaker 6>because you're basically sitting here listening to this fascinating conversation. Paul,

919
01:02:45.679 --> 01:02:50.079
<v Speaker 6>tell us about the putting together of this book itself

920
01:02:50.960 --> 01:02:53.679
<v Speaker 6>and the inclusion of some of these cases and what

921
01:02:53.960 --> 01:02:57.079
<v Speaker 6>you Again, we know why you put this book together,

922
01:02:57.199 --> 01:02:59.639
<v Speaker 6>but tell us a little bit more about how long

923
01:02:59.719 --> 01:03:02.719
<v Speaker 6>this took to put this all together, and why you

924
01:03:02.880 --> 01:03:07.239
<v Speaker 6>included some of these cases and just the whole adventure.

925
01:03:07.360 --> 01:03:10.920
<v Speaker 6>How many times did you work with Tony for this?

926
01:03:11.440 --> 01:03:14.039
<v Speaker 6>Tell us a little bit more about the putting together

927
01:03:14.159 --> 01:03:15.159
<v Speaker 6>of this book.

928
01:03:17.639 --> 01:03:20.480
<v Speaker 7>I have to laugh because I mean, this has been

929
01:03:20.519 --> 01:03:22.000
<v Speaker 7>a seventeen year project.

930
01:03:22.119 --> 01:03:23.079
<v Speaker 3>And wow.

931
01:03:23.599 --> 01:03:27.599
<v Speaker 7>I had had I known, I would have said, you

932
01:03:27.719 --> 01:03:32.199
<v Speaker 7>out of your mind. But you know, I was just

933
01:03:32.360 --> 01:03:35.360
<v Speaker 7>so taken by Tony, and I was so fascinated by him.

934
01:03:35.880 --> 01:03:39.519
<v Speaker 7>I wanted to know more about him in depth. I

935
01:03:39.760 --> 01:03:44.599
<v Speaker 7>personally am much more interested in the person than the law.

936
01:03:45.400 --> 01:03:47.840
<v Speaker 7>But of course, you in Tony's case, you can't separate

937
01:03:47.960 --> 01:03:54.440
<v Speaker 7>the two. And in fact, I mean, he is the law,

938
01:03:54.559 --> 01:03:58.719
<v Speaker 7>this is his this is his marriage. And so I

939
01:03:58.840 --> 01:04:02.039
<v Speaker 7>had to learn something about the law. And I was

940
01:04:02.880 --> 01:04:05.519
<v Speaker 7>I followed him around, I was, I guess. I mean,

941
01:04:05.559 --> 01:04:07.519
<v Speaker 7>it wasn't really a groupie because there weren't too many

942
01:04:07.599 --> 01:04:12.360
<v Speaker 7>other people doing it. But I just I wanted to

943
01:04:12.480 --> 01:04:15.800
<v Speaker 7>get deeper and deeper and deeper into what makes this

944
01:04:16.000 --> 01:04:19.559
<v Speaker 7>man tick and why and how is it that someone

945
01:04:19.639 --> 01:04:22.679
<v Speaker 7>who is so dynamic in court, how does he get

946
01:04:22.719 --> 01:04:25.679
<v Speaker 7>through life? Does he send Christmas cards? Does he you know?

947
01:04:26.079 --> 01:04:28.840
<v Speaker 7>Is he a good driver? Does he wears heatbelts? I mean,

948
01:04:29.400 --> 01:04:32.159
<v Speaker 7>how does he deal with the normalcies of life? Because

949
01:04:32.280 --> 01:04:36.599
<v Speaker 7>his energy was just so bigger than life in court,

950
01:04:36.719 --> 01:04:43.159
<v Speaker 7>and is I don't see any diminishment of that even now.

951
01:04:44.119 --> 01:04:49.239
<v Speaker 7>And so I became deeper involved. And as I said,

952
01:04:49.480 --> 01:04:52.239
<v Speaker 7>I never intended to be writing the book, but since

953
01:04:52.320 --> 01:04:57.119
<v Speaker 7>it got thrown at me, I sort of embraced it,

954
01:04:57.440 --> 01:04:59.719
<v Speaker 7>even though I didn't know what on earth I was doing.

955
01:05:00.159 --> 01:05:03.440
<v Speaker 7>Written a book before. And I have to do a

956
01:05:03.480 --> 01:05:06.480
<v Speaker 7>little bragging here. It's been on Amazon's bestseller list for

957
01:05:06.599 --> 01:05:11.519
<v Speaker 7>a year now in the digital version, which I'm quite

958
01:05:11.599 --> 01:05:17.039
<v Speaker 7>proud of. But anyway, it was a bear. It was

959
01:05:17.119 --> 01:05:20.960
<v Speaker 7>a bitch. It was difficult every inch and every step

960
01:05:21.039 --> 01:05:25.679
<v Speaker 7>of the way, and Sony, understandably so became, I guess,

961
01:05:25.880 --> 01:05:27.840
<v Speaker 7>set up with the fact that it was taking forever.

962
01:05:28.800 --> 01:05:31.239
<v Speaker 7>And you know, there comes a time where you no

963
01:05:31.360 --> 01:05:34.199
<v Speaker 7>longer believe in the project and you think, well, she's

964
01:05:34.280 --> 01:05:37.480
<v Speaker 7>just messing around. This is never going to happen. But

965
01:05:37.920 --> 01:05:41.599
<v Speaker 7>I was ruminating. My river kind of went underground. I

966
01:05:41.719 --> 01:05:44.960
<v Speaker 7>was trying to figure out how to put together his life,

967
01:05:45.159 --> 01:05:49.840
<v Speaker 7>his law, who I perceived him to be as a person,

968
01:05:50.840 --> 01:05:55.599
<v Speaker 7>and bring it all into some sort of manageable form.

969
01:05:55.840 --> 01:05:59.679
<v Speaker 7>And I must say I was sailing rather miserably until

970
01:05:59.760 --> 01:06:04.760
<v Speaker 7>I came across this wonderful editor, Dick Castleman, who was

971
01:06:04.840 --> 01:06:07.920
<v Speaker 7>able to see the forest for the trees or the

972
01:06:08.000 --> 01:06:10.559
<v Speaker 7>trees for the forest. I'm not sure which way his works.

973
01:06:10.599 --> 01:06:10.679
<v Speaker 1>And.

974
01:06:12.280 --> 01:06:16.280
<v Speaker 7>He had a vision that I was just snowblind on

975
01:06:17.199 --> 01:06:21.079
<v Speaker 7>and he managed to help me shape it in a

976
01:06:21.159 --> 01:06:25.840
<v Speaker 7>way that did make sense and had a flow to

977
01:06:26.000 --> 01:06:32.159
<v Speaker 7>it and brought out both Tony's person persona as well

978
01:06:32.199 --> 01:06:35.360
<v Speaker 7>as his law. And I think I just reread the

979
01:06:35.400 --> 01:06:40.760
<v Speaker 7>book for this interview, and I was actually surprised at

980
01:06:41.480 --> 01:06:44.280
<v Speaker 7>what a good read it is and how its soul

981
01:06:44.480 --> 01:06:48.679
<v Speaker 7>continues to glow. And it's more than about just the law.

982
01:06:48.800 --> 01:06:53.079
<v Speaker 7>It's about life and perception and how one deals with things.

983
01:06:53.159 --> 01:06:58.760
<v Speaker 7>And I find it personally very empowering because Tony is

984
01:06:59.119 --> 01:07:02.880
<v Speaker 7>a person who had I've never experienced him to have fear.

985
01:07:03.679 --> 01:07:07.039
<v Speaker 7>He has concerns for his clients, but he doesn't he

986
01:07:07.159 --> 01:07:11.639
<v Speaker 7>goes rangels fear to tread, and you know most of

987
01:07:11.719 --> 01:07:13.360
<v Speaker 7>us don't, don't dare.

988
01:07:13.239 --> 01:07:13.639
<v Speaker 1>To do that.

989
01:07:13.840 --> 01:07:17.599
<v Speaker 7>I personally had an upbringing that was based on fear.

990
01:07:17.800 --> 01:07:21.760
<v Speaker 7>So Tony was, I don't know, a breath of kind

991
01:07:21.800 --> 01:07:25.760
<v Speaker 7>of crazy fresh air for me. And I've been infinitely

992
01:07:25.840 --> 01:07:32.440
<v Speaker 7>emboldened by my interaction with Tony, and constantly am I

993
01:07:32.559 --> 01:07:33.719
<v Speaker 7>hope I answer your question.

994
01:07:34.039 --> 01:07:37.719
<v Speaker 3>Let me give you a few headed posts. The way

995
01:07:37.800 --> 01:07:42.800
<v Speaker 3>I remember things. One is that will that would give

996
01:07:42.840 --> 01:07:48.320
<v Speaker 3>me assignments like, for instance, you know, talk about closing argument,

997
01:07:48.440 --> 01:07:54.400
<v Speaker 3>talk about informants, talk about your own weaknesses, talk about

998
01:07:54.480 --> 01:07:59.239
<v Speaker 3>during nullification. And I would get a recorder in the

999
01:07:59.320 --> 01:08:03.280
<v Speaker 3>old fashion and the tape, smoke a joint and just

1000
01:08:04.199 --> 01:08:07.920
<v Speaker 3>you know, glither blather away, kind of what I call

1001
01:08:08.280 --> 01:08:13.440
<v Speaker 3>semantic dribble, and then give her the tape and never,

1002
01:08:13.960 --> 01:08:16.920
<v Speaker 3>you know, for seventeen years, I don't know what she's

1003
01:08:17.000 --> 01:08:20.520
<v Speaker 3>doing with it. Then on other occasions, I you know,

1004
01:08:20.800 --> 01:08:23.520
<v Speaker 3>doing you know, I've been doing the fifties. She followed

1005
01:08:23.560 --> 01:08:26.159
<v Speaker 3>me around for ten and took another seven to finish it.

1006
01:08:26.239 --> 01:08:29.640
<v Speaker 3>But in that ten I was making speeches all over

1007
01:08:29.760 --> 01:08:31.800
<v Speaker 3>and so I'd be up on some podium ready to

1008
01:08:31.920 --> 01:08:35.680
<v Speaker 3>give a talk to lawyers about you know, some subject matter,

1009
01:08:36.000 --> 01:08:38.119
<v Speaker 3>and there she coming. She put the recorder right in

1010
01:08:38.159 --> 01:08:40.840
<v Speaker 3>front of me. Oh, I'd give her kind of like, well,

1011
01:08:41.039 --> 01:08:45.680
<v Speaker 3>you know, a bad stare, because when you have a

1012
01:08:45.800 --> 01:08:48.000
<v Speaker 3>recorder right in front of it, you start to be

1013
01:08:48.199 --> 01:08:53.239
<v Speaker 3>more particular, more watchful in your language, and maybe not

1014
01:08:53.399 --> 01:08:59.000
<v Speaker 3>as spontaneous, but you know, I could overcome it. And

1015
01:08:59.079 --> 01:09:02.439
<v Speaker 3>then closing our And she was always there and in

1016
01:09:02.960 --> 01:09:06.159
<v Speaker 3>case after case, she was the courtroom artist, and she

1017
01:09:06.760 --> 01:09:08.760
<v Speaker 3>is the one talk about a breath of fresh air.

1018
01:09:09.520 --> 01:09:13.119
<v Speaker 3>You know, most of the court room artists' work is

1019
01:09:13.279 --> 01:09:18.479
<v Speaker 3>what we'll call representational. She was what I call this

1020
01:09:18.720 --> 01:09:23.760
<v Speaker 3>is naively stated impressionistic for instant. If I pointed at someone,

1021
01:09:23.880 --> 01:09:26.800
<v Speaker 3>she would make five arms pointing. You know, if I

1022
01:09:27.880 --> 01:09:30.800
<v Speaker 3>made a gesture, she would exaggerate the gesture, or she

1023
01:09:30.840 --> 01:09:34.920
<v Speaker 3>would exaggerate, you know, the flinging of my hair or

1024
01:09:35.000 --> 01:09:39.680
<v Speaker 3>a scowl, or a manifestation of anger in the like

1025
01:09:41.079 --> 01:09:46.720
<v Speaker 3>she would give me in their drawings, like more power

1026
01:09:47.359 --> 01:09:52.760
<v Speaker 3>by the way she would repeat the themes. She was

1027
01:09:53.000 --> 01:10:00.279
<v Speaker 3>cherished by the judicial system, the lawyers a of her

1028
01:10:00.359 --> 01:10:06.039
<v Speaker 3>works on my cases, on cases you know that had

1029
01:10:06.199 --> 01:10:12.119
<v Speaker 3>no real publicity. They would buy her work, they would

1030
01:10:12.159 --> 01:10:15.720
<v Speaker 3>put it on television. And you know, when she left

1031
01:10:15.800 --> 01:10:18.600
<v Speaker 3>after ten years, she was missed in the courts. And

1032
01:10:18.720 --> 01:10:22.000
<v Speaker 3>I kept telling her, don't keep following me around. Go

1033
01:10:22.520 --> 01:10:25.600
<v Speaker 3>get in the Jerry Spence, Go get a lawyer from

1034
01:10:25.640 --> 01:10:29.279
<v Speaker 3>the east, from the South, Go get you know, Philadelphia lawyer,

1035
01:10:29.359 --> 01:10:32.119
<v Speaker 3>getting New York lawyer, and do a big book on

1036
01:10:32.239 --> 01:10:36.159
<v Speaker 3>all of us. And you know it should be your work.

1037
01:10:36.279 --> 01:10:40.720
<v Speaker 3>Her work is so compelling, and she, you know, is

1038
01:10:40.960 --> 01:10:49.439
<v Speaker 3>a great artist, you know, in rather Ela quint a writer,

1039
01:10:49.960 --> 01:10:54.199
<v Speaker 3>and it's her gift and has made from my perspective me,

1040
01:10:56.000 --> 01:11:00.600
<v Speaker 3>Sal's ear at best into a silk person. I'm very

1041
01:11:01.600 --> 01:11:03.279
<v Speaker 3>you know, respectful of her.

1042
01:11:05.600 --> 01:11:10.199
<v Speaker 7>If you can see Tony, he's always understating things. Actually

1043
01:11:10.239 --> 01:11:13.640
<v Speaker 7>he doesn't see what he looks like. And quite frankly,

1044
01:11:14.279 --> 01:11:16.600
<v Speaker 7>you know, I guess my art is in the eyes

1045
01:11:16.640 --> 01:11:19.840
<v Speaker 7>of the beholder, but it's definitely him.

1046
01:11:21.760 --> 01:11:24.079
<v Speaker 6>Tell us a little bit more about I was surprised

1047
01:11:24.119 --> 01:11:27.800
<v Speaker 6>that I've only met one court reporter, and that's in

1048
01:11:28.079 --> 01:11:31.079
<v Speaker 6>the city that I'm in, Winnipeg and Canada. But and

1049
01:11:31.800 --> 01:11:35.920
<v Speaker 6>the trials are never televised, so the only thing that

1050
01:11:35.960 --> 01:11:38.520
<v Speaker 6>they have is the court reporter, as opposed in the

1051
01:11:38.640 --> 01:11:42.399
<v Speaker 6>US there's often television cameras in there, they are televised.

1052
01:11:42.439 --> 01:11:45.039
<v Speaker 6>So tell us what tell us a little bit about

1053
01:11:45.039 --> 01:11:48.920
<v Speaker 6>your job. And I was fascinated. If I'm not correct

1054
01:11:49.039 --> 01:11:52.920
<v Speaker 6>or incorrect, you actually paint, yes, while you're in the

1055
01:11:52.960 --> 01:11:53.800
<v Speaker 6>courtroom itself.

1056
01:11:54.000 --> 01:11:58.560
<v Speaker 7>I thought it was It means that for television they

1057
01:11:58.640 --> 01:12:02.119
<v Speaker 7>want the pieces to be in co so you know,

1058
01:12:02.319 --> 01:12:05.520
<v Speaker 7>one has to set up shop on one's knees. It's

1059
01:12:05.600 --> 01:12:09.800
<v Speaker 7>a very small little artist studio involving two knees and

1060
01:12:10.000 --> 01:12:14.319
<v Speaker 7>not too many elbows. And usually court room artists different

1061
01:12:14.359 --> 01:12:17.720
<v Speaker 7>which are different than court reporters. Artists just do art,

1062
01:12:17.800 --> 01:12:21.880
<v Speaker 7>although on the backside of much of my art I do.

1063
01:12:22.239 --> 01:12:25.760
<v Speaker 7>I have written down some of Tony's quotes that that

1064
01:12:26.359 --> 01:12:29.520
<v Speaker 7>he used in the trials, which I think makes it

1065
01:12:29.640 --> 01:12:35.279
<v Speaker 7>quite interesting. But the difficult the difference between being a

1066
01:12:35.359 --> 01:12:37.560
<v Speaker 7>court room artist and I don't know, another kind of

1067
01:12:37.720 --> 01:12:40.880
<v Speaker 7>artist is that you don't have time to consider anything.

1068
01:12:41.000 --> 01:12:45.399
<v Speaker 7>You just for me anyway. I have to be slammed

1069
01:12:45.600 --> 01:12:49.479
<v Speaker 7>by the impact of what I'm seeing and then I

1070
01:12:49.560 --> 01:12:51.800
<v Speaker 7>have to hold that vision. And this is very much

1071
01:12:51.920 --> 01:12:58.000
<v Speaker 7>like Tony's photographic memory and how he how he as

1072
01:12:58.039 --> 01:13:01.000
<v Speaker 7>he calls it. I think rams are jams through his

1073
01:13:01.720 --> 01:13:05.479
<v Speaker 7>mind the night before the trial, vast amounts of details.

1074
01:13:05.640 --> 01:13:08.279
<v Speaker 7>And as an artist, I have to do the same

1075
01:13:08.359 --> 01:13:12.039
<v Speaker 7>thing because to me, the art has to tell a

1076
01:13:12.199 --> 01:13:16.399
<v Speaker 7>story and it has to it has to. I have

1077
01:13:16.560 --> 01:13:19.159
<v Speaker 7>to speak from my gut, just as I received it

1078
01:13:19.279 --> 01:13:21.920
<v Speaker 7>from his gut. So it's kind of I don't know,

1079
01:13:22.000 --> 01:13:26.720
<v Speaker 7>a boomerang thing or something, and I have to hold

1080
01:13:26.800 --> 01:13:30.159
<v Speaker 7>that image long enough to draw it, and on one

1081
01:13:30.199 --> 01:13:34.720
<v Speaker 7>occasion I even held it five hours when he suffered

1082
01:13:35.960 --> 01:13:39.960
<v Speaker 7>the verdict of the l Ensler's trial a second as

1083
01:13:40.159 --> 01:13:44.920
<v Speaker 7>the second phase of the trial, Tony was absolutely wiped out,

1084
01:13:45.039 --> 01:13:50.359
<v Speaker 7>and this image of him in defeat was just impacted

1085
01:13:50.479 --> 01:13:54.520
<v Speaker 7>me so strongly. He obviously didn't want to have anything

1086
01:13:54.600 --> 01:13:56.840
<v Speaker 7>to do with anybody. I had a camera on my shoulder,

1087
01:13:56.880 --> 01:13:59.359
<v Speaker 7>but I thought he'd rear up and I don't know,

1088
01:13:59.479 --> 01:14:02.840
<v Speaker 7>punch me. I dared to in some way disturb his

1089
01:14:03.000 --> 01:14:06.840
<v Speaker 7>depression at that moment, So I held that vision in

1090
01:14:06.960 --> 01:14:09.840
<v Speaker 7>my mind for five hours until I got home and

1091
01:14:10.039 --> 01:14:13.520
<v Speaker 7>was able to draw it. It's, you know, it's a

1092
01:14:13.680 --> 01:14:17.439
<v Speaker 7>special knack, and I don't know that I still have

1093
01:14:17.560 --> 01:14:22.560
<v Speaker 7>it because I haven't done court room art since. Actually

1094
01:14:23.000 --> 01:14:24.920
<v Speaker 7>I did it for a while in Las Vegas, but

1095
01:14:25.600 --> 01:14:29.520
<v Speaker 7>most court room art really bores me. And I thought

1096
01:14:29.560 --> 01:14:31.920
<v Speaker 7>I would love to get commissions from other people, but

1097
01:14:32.119 --> 01:14:35.600
<v Speaker 7>never did. And the fact of the matter is Tony

1098
01:14:35.760 --> 01:14:39.960
<v Speaker 7>is the lawyer who has caught my eye and held

1099
01:14:40.079 --> 01:14:45.079
<v Speaker 7>my interest, and I would do it again. But it's

1100
01:14:45.159 --> 01:14:47.479
<v Speaker 7>not every lawyer that I that I have that kind

1101
01:14:47.520 --> 01:14:48.159
<v Speaker 7>of connection with.

1102
01:14:49.960 --> 01:14:54.239
<v Speaker 6>Yeah, well, it's definitely it's a unique story. And definitely

1103
01:14:55.119 --> 01:14:58.319
<v Speaker 6>I've read about a lot of defense lawyers, and Tony

1104
01:14:58.399 --> 01:15:04.319
<v Speaker 6>definitely is just from the you know, a different, different breed.

1105
01:15:04.479 --> 01:15:07.600
<v Speaker 6>That's all I can say, and no doubt about that. Now,

1106
01:15:07.680 --> 01:15:10.039
<v Speaker 6>let's talk about one thing that you know. You talk

1107
01:15:10.039 --> 01:15:13.039
<v Speaker 6>about Tony's passion, and then the other thing I found

1108
01:15:13.159 --> 01:15:15.560
<v Speaker 6>very interesting too. You you alluded to it about smoking

1109
01:15:15.600 --> 01:15:17.880
<v Speaker 6>marijuana since you were twelve, and it's a daily thing

1110
01:15:18.000 --> 01:15:20.199
<v Speaker 6>that you So it's one of your beliefs as well.

1111
01:15:20.319 --> 01:15:23.760
<v Speaker 6>It's not everything to you, but it's certainly a belief. Now,

1112
01:15:24.039 --> 01:15:26.279
<v Speaker 6>what's very another thing that's very close to your heart

1113
01:15:26.319 --> 01:15:28.520
<v Speaker 6>and very strong you have a very very strong opinion,

1114
01:15:29.039 --> 01:15:32.039
<v Speaker 6>is about lawyers who would defend snitches as you call

1115
01:15:32.079 --> 01:15:37.399
<v Speaker 6>them rats informants and your decimation of an informant and

1116
01:15:37.520 --> 01:15:42.359
<v Speaker 6>your technique used in decimating the informant at trial against

1117
01:15:42.399 --> 01:15:45.399
<v Speaker 6>your clients. So, first tell us what your personal philosophy

1118
01:15:45.520 --> 01:15:48.279
<v Speaker 6>is towards this and the lawyers that may represent them,

1119
01:15:48.720 --> 01:15:52.840
<v Speaker 6>and then tell us how you and why you use

1120
01:15:53.039 --> 01:15:58.039
<v Speaker 6>the techniques to basically deal with these clients and they're

1121
01:15:58.119 --> 01:16:00.520
<v Speaker 6>and informants and the kind of cases that we're normally

1122
01:16:00.560 --> 01:16:02.479
<v Speaker 6>would have informants typically.

1123
01:16:04.000 --> 01:16:09.439
<v Speaker 3>All right, there, that's a long assignment, but let me

1124
01:16:09.520 --> 01:16:11.800
<v Speaker 3>do it as quickly as I can.

1125
01:16:12.479 --> 01:16:12.640
<v Speaker 7>One.

1126
01:16:13.640 --> 01:16:18.359
<v Speaker 3>The use of informants is ever increasing. It started mainly

1127
01:16:18.800 --> 01:16:23.319
<v Speaker 3>in drug cases, but is now like a disease, and

1128
01:16:23.439 --> 01:16:29.119
<v Speaker 3>it's infiltrated every level of federal and state prosecution. And

1129
01:16:29.680 --> 01:16:34.319
<v Speaker 3>you see it visited upon ultimately the one percenter's you know,

1130
01:16:34.479 --> 01:16:39.239
<v Speaker 3>the corporation types, the banker types, those very few people

1131
01:16:39.359 --> 01:16:43.079
<v Speaker 3>who are being prosecuted for the debacle that has occurred

1132
01:16:43.159 --> 01:16:47.520
<v Speaker 3>in their arena. So it's ever on the increase. Our

1133
01:16:47.600 --> 01:16:56.000
<v Speaker 3>country has more verbiage, more designation of informants, more law

1134
01:16:56.159 --> 01:16:58.960
<v Speaker 3>pertaining to informants than any other nation in the world.

1135
01:16:59.600 --> 01:17:05.720
<v Speaker 3>We have material informants, precipitent informance, participatory informants. We have

1136
01:17:06.359 --> 01:17:10.159
<v Speaker 3>a reliable informants, we have sources of information. We have

1137
01:17:10.880 --> 01:17:15.359
<v Speaker 3>informants who are citizen informants. We have paid informants. We

1138
01:17:15.439 --> 01:17:19.079
<v Speaker 3>have informants who work for leniency on their own case.

1139
01:17:19.880 --> 01:17:26.119
<v Speaker 3>So there's a great variability in the ter in informance.

1140
01:17:26.239 --> 01:17:31.840
<v Speaker 3>Informant lawyers have cropped up because the government has coerced

1141
01:17:31.880 --> 01:17:40.159
<v Speaker 3>from my perspective so much from the criminal process which

1142
01:17:40.399 --> 01:17:44.359
<v Speaker 3>allows them to create these informants. So I have very

1143
01:17:44.520 --> 01:17:48.880
<v Speaker 3>very hard view. So it's at several letter levels. One,

1144
01:17:50.319 --> 01:17:56.520
<v Speaker 3>the individual receives the leniency, it doesn't ultimately benefit him.

1145
01:17:56.960 --> 01:18:02.800
<v Speaker 3>That person becomes a stranger in his own milieu. His

1146
01:18:03.000 --> 01:18:09.159
<v Speaker 3>friend's forsaken, his family frequently believed that he was cowardly

1147
01:18:09.399 --> 01:18:14.720
<v Speaker 3>and not idealistic. He's constantly watching his back for repercussions.

1148
01:18:14.880 --> 01:18:19.199
<v Speaker 3>Many times he's relocated, so his life, you know, really

1149
01:18:19.680 --> 01:18:25.279
<v Speaker 3>ends and he never really starts again, and psychologically he's

1150
01:18:25.399 --> 01:18:31.199
<v Speaker 3>been destroyed. That's one. Two is that the system that

1151
01:18:31.600 --> 01:18:36.800
<v Speaker 3>reward snitches is flawed because they ultimately give you what

1152
01:18:37.039 --> 01:18:41.479
<v Speaker 3>you want to hear. So if I went out pretend

1153
01:18:41.600 --> 01:18:45.720
<v Speaker 3>as a defense lawyer and I paid ten thousand dollars

1154
01:18:45.920 --> 01:18:48.159
<v Speaker 3>to a witness to say the car was green, and

1155
01:18:48.720 --> 01:18:51.720
<v Speaker 3>another twenty thousand to witness to say that my client

1156
01:18:51.840 --> 01:18:54.880
<v Speaker 3>was an into green car, you know, after the bank

1157
01:18:55.119 --> 01:19:00.479
<v Speaker 3>was robbed, I would be prosecuted, you know, rightfully for

1158
01:19:00.640 --> 01:19:04.920
<v Speaker 3>some morning perjury. It would be a disgrace. But with informants,

1159
01:19:04.960 --> 01:19:08.600
<v Speaker 3>the government does that every day. They give what is

1160
01:19:08.720 --> 01:19:12.279
<v Speaker 3>more precious than money. They give liberty, They give ten

1161
01:19:12.439 --> 01:19:14.680
<v Speaker 3>years to this guy. They give twenty years off on

1162
01:19:14.840 --> 01:19:17.600
<v Speaker 3>this guy. They don't even charge this guy. This is

1163
01:19:17.640 --> 01:19:22.000
<v Speaker 3>a clandestine informant. You know, he's been recording people. We

1164
01:19:22.119 --> 01:19:27.439
<v Speaker 3>don't even charge him. So it tilts the scale. Ultimately,

1165
01:19:27.560 --> 01:19:31.039
<v Speaker 3>it's one sided. You start a trial, Oh, I can

1166
01:19:31.159 --> 01:19:33.880
<v Speaker 3>be one snitch, maybe I can be two snitches. But

1167
01:19:34.039 --> 01:19:37.279
<v Speaker 3>they'll roll the top on you, they'll road the side

1168
01:19:37.359 --> 01:19:40.119
<v Speaker 3>on you, they'll rode you from the bottom. You can't win.

1169
01:19:40.760 --> 01:19:45.239
<v Speaker 3>So it's one step, you know, closer to a totalitarian government,

1170
01:19:45.359 --> 01:19:50.399
<v Speaker 3>a non adversarial system, and you know, ultimately then the

1171
01:19:50.920 --> 01:19:56.479
<v Speaker 3>whole system of justice, the truth seeking foundation for our

1172
01:19:56.560 --> 01:20:01.319
<v Speaker 3>system of justice, is destroyed. You cannot rely on informants

1173
01:20:02.359 --> 01:20:08.000
<v Speaker 3>in order to convict, even where you think you have corroboration.

1174
01:20:08.640 --> 01:20:14.680
<v Speaker 3>So it was the system. Lastly, you see, survival of

1175
01:20:14.840 --> 01:20:18.720
<v Speaker 3>the species is so strong in us. You know, we

1176
01:20:18.960 --> 01:20:24.199
<v Speaker 3>inherit the instinct and it has always been, you know,

1177
01:20:24.520 --> 01:20:31.279
<v Speaker 3>the most greenious form of behaviors. To turn on your family,

1178
01:20:32.079 --> 01:20:36.439
<v Speaker 3>to turn on your tribe, you know, to turn on

1179
01:20:37.000 --> 01:20:44.640
<v Speaker 3>your government, to betray It's called the Judas syndrome. And

1180
01:20:44.800 --> 01:20:48.399
<v Speaker 3>the Judas syndrome is so strong we embedded in all

1181
01:20:48.479 --> 01:20:58.399
<v Speaker 3>of us because we rely on loyalty to evolve, you know,

1182
01:20:58.720 --> 01:21:05.479
<v Speaker 3>to serve, live, to propagate our our in seed, so

1183
01:21:05.680 --> 01:21:10.560
<v Speaker 3>to speak. And that's it. So it's a deep seated instinct.

1184
01:21:10.680 --> 01:21:16.720
<v Speaker 3>In wartime, if the soldier you know, kills whatever another soldier,

1185
01:21:17.760 --> 01:21:21.560
<v Speaker 3>you know, an act of treason, he's subject to the

1186
01:21:21.640 --> 01:21:25.960
<v Speaker 3>death penalty. So it's always been the most genious form

1187
01:21:26.000 --> 01:21:30.960
<v Speaker 3>of conduct. And that's exactly the conduct that these informants

1188
01:21:31.039 --> 01:21:36.399
<v Speaker 3>and the informant system begets. So it ultimately, you know,

1189
01:21:37.439 --> 01:21:44.640
<v Speaker 3>vanquishes the people that the movement or the ideology that

1190
01:21:45.079 --> 01:21:49.720
<v Speaker 3>the informant once embraced. Of course that government likes that,

1191
01:21:50.119 --> 01:21:54.000
<v Speaker 3>but in the marketplace of ideas and in the marketplace

1192
01:21:54.119 --> 01:22:01.000
<v Speaker 3>of you know, different forms of behavior begetting different diferent norms,

1193
01:22:01.159 --> 01:22:05.840
<v Speaker 3>different standards, different mores in society. We need all of that.

1194
01:22:06.000 --> 01:22:11.000
<v Speaker 3>We can't just uniform eyes. So you know, it's a

1195
01:22:11.119 --> 01:22:16.000
<v Speaker 3>multi fascinated attack. The basic bottom line is a performance.

1196
01:22:16.119 --> 01:22:21.600
<v Speaker 3>Do not tell the truth. They are you know, working

1197
01:22:22.039 --> 01:22:27.000
<v Speaker 3>for the objective of leniency or money, you know, cash.

1198
01:22:27.079 --> 01:22:31.000
<v Speaker 3>They give money as well as leniency on occasion, and

1199
01:22:31.359 --> 01:22:36.960
<v Speaker 3>they will twist and deform what they you know, recall

1200
01:22:37.720 --> 01:22:41.680
<v Speaker 3>in order to please the prosecutor in order to get

1201
01:22:41.800 --> 01:22:46.439
<v Speaker 3>their prize, and the lawyers who represent snitches aid in

1202
01:22:46.520 --> 01:22:51.920
<v Speaker 3>the debt in that process, which ultimately destroys the basis

1203
01:22:52.279 --> 01:22:56.640
<v Speaker 3>you know of our criminal jurisprudence in the United States,

1204
01:22:56.720 --> 01:23:01.600
<v Speaker 3>so you know I don't like them at least five

1205
01:23:01.760 --> 01:23:06.159
<v Speaker 3>different levels. And when you cross examine an informant, if

1206
01:23:06.239 --> 01:23:11.359
<v Speaker 3>the jury sees and field the disrespect you have, that

1207
01:23:12.359 --> 01:23:18.279
<v Speaker 3>the passion you know that you bring to bear on

1208
01:23:18.479 --> 01:23:25.960
<v Speaker 3>that disrespect. The use of the vernacular. You know, you're

1209
01:23:26.000 --> 01:23:30.680
<v Speaker 3>a at in the prison, seshm. Aren't you objection over

1210
01:23:30.880 --> 01:23:35.720
<v Speaker 3>rules of the judge? Yes, you're a rat, Yes, And

1211
01:23:35.840 --> 01:23:39.920
<v Speaker 3>you can't go home because no one respects you. You can't,

1212
01:23:40.199 --> 01:23:43.920
<v Speaker 3>you know, use your own name because that would identify

1213
01:23:44.079 --> 01:23:46.920
<v Speaker 3>you as a rat. You walk, you know, and tell

1214
01:23:47.119 --> 01:23:50.399
<v Speaker 3>every day of your life. I yell and scream at

1215
01:23:50.479 --> 01:23:54.359
<v Speaker 3>him and I, you know, as poet says, I use vernacular.

1216
01:23:54.760 --> 01:24:01.760
<v Speaker 3>I don't use legal ease. The idea in court of

1217
01:24:01.960 --> 01:24:06.039
<v Speaker 3>using words is to communicate. And if you you still

1218
01:24:06.119 --> 01:24:09.520
<v Speaker 3>did language, if you're pedantic, if you want to show

1219
01:24:09.600 --> 01:24:14.399
<v Speaker 3>off your education or your special interests, say in psychiatry,

1220
01:24:15.840 --> 01:24:21.079
<v Speaker 3>it might sage for a moment or ego, but the

1221
01:24:21.199 --> 01:24:25.359
<v Speaker 3>juries turned off, and what I have found I exist

1222
01:24:25.399 --> 01:24:28.319
<v Speaker 3>in the realm, you know, the motion. So when I

1223
01:24:28.439 --> 01:24:31.319
<v Speaker 3>go after these snitches, you can feel my hate and

1224
01:24:31.760 --> 01:24:36.199
<v Speaker 3>you can feel, you know, ultimately, my denouncement of them,

1225
01:24:36.840 --> 01:24:40.880
<v Speaker 3>and I think that is more powerful than their words.

1226
01:24:41.159 --> 01:24:42.479
<v Speaker 3>You got to know him, though. You got to know

1227
01:24:42.560 --> 01:24:44.920
<v Speaker 3>the snitch better than he knows himself. You got to

1228
01:24:44.960 --> 01:24:47.920
<v Speaker 3>know every foul that he did. You have to interview

1229
01:24:48.119 --> 01:24:50.800
<v Speaker 3>the you know, the women he left behind, and the

1230
01:24:50.880 --> 01:24:53.960
<v Speaker 3>people that he cheated, and the people that he you know,

1231
01:24:54.159 --> 01:24:57.159
<v Speaker 3>sol drugs to, and the people that he may have robbed.

1232
01:24:57.239 --> 01:25:00.279
<v Speaker 3>And so you go in and you're armed whenever read

1233
01:25:00.399 --> 01:25:05.560
<v Speaker 3>you know, foul deed and whatever falsification he's ever done,

1234
01:25:06.039 --> 01:25:08.439
<v Speaker 3>and then you dwell on it. You know, you don't

1235
01:25:08.439 --> 01:25:11.359
<v Speaker 3>want to have a snitch on the stand for fifteen

1236
01:25:11.439 --> 01:25:13.079
<v Speaker 3>minutes or a half hour, or you want him there

1237
01:25:13.119 --> 01:25:15.600
<v Speaker 3>for two goddamn days. It might be the second day

1238
01:25:15.680 --> 01:25:18.800
<v Speaker 3>that he starts to break or manifact. I had one

1239
01:25:18.880 --> 01:25:21.239
<v Speaker 3>snitch start taking the fifth right in front of the jury.

1240
01:25:21.359 --> 01:25:24.279
<v Speaker 3>That was practically the end of the case. I had

1241
01:25:24.319 --> 01:25:28.840
<v Speaker 3>another snitch, you know, who was molesting some child and

1242
01:25:30.319 --> 01:25:33.359
<v Speaker 3>I bought it had nothing to do with the case.

1243
01:25:33.439 --> 01:25:36.319
<v Speaker 3>But the guy, the person was not incredible human being.

1244
01:25:37.159 --> 01:25:39.760
<v Speaker 3>You know, he was a piece of feces. I'm trying

1245
01:25:39.760 --> 01:25:42.239
<v Speaker 3>to go the jury that, so I have an investigator

1246
01:25:42.359 --> 01:25:45.439
<v Speaker 3>walk in with the child, you know, and say that's

1247
01:25:45.479 --> 01:25:47.640
<v Speaker 3>the one you were sleeping. What they're during this time,

1248
01:25:47.720 --> 01:25:51.000
<v Speaker 3>weren't blah blah blah blah. And you know he started,

1249
01:25:51.079 --> 01:25:53.319
<v Speaker 3>he was ashing and he started shaking on the stand.

1250
01:25:53.640 --> 01:25:55.960
<v Speaker 3>I knew then the jury wasn't going to convict. They

1251
01:25:56.000 --> 01:25:59.159
<v Speaker 3>hated him too much. So you have to make the

1252
01:25:59.399 --> 01:26:04.680
<v Speaker 3>jury ultimately feel the same page, the same passion, the

1253
01:26:04.760 --> 01:26:09.640
<v Speaker 3>same pain, the agony you know that you feel when

1254
01:26:10.119 --> 01:26:14.119
<v Speaker 3>there is a perjurious informant and you just know and

1255
01:26:14.239 --> 01:26:16.520
<v Speaker 3>I call it, you're lying. You lie right now to

1256
01:26:16.600 --> 01:26:18.920
<v Speaker 3>the jury. Aren't you look at the jury? You know

1257
01:26:19.279 --> 01:26:22.560
<v Speaker 3>what's your like that? Are just yell at him or

1258
01:26:22.680 --> 01:26:25.720
<v Speaker 3>I'll go up close to them, and I don't know,

1259
01:26:26.000 --> 01:26:29.960
<v Speaker 3>it's you challenge him at a nonverbal level. It's like

1260
01:26:30.199 --> 01:26:33.920
<v Speaker 3>maybe they feel that you're carrying in your hands some

1261
01:26:34.079 --> 01:26:36.680
<v Speaker 3>kind of carbon. You're just gonna whack them, and they

1262
01:26:36.840 --> 01:26:40.840
<v Speaker 3>start ultimately intimidated by the cross examination, and then some

1263
01:26:41.079 --> 01:26:46.319
<v Speaker 3>truths you know, splits out on occasion. The understand this

1264
01:26:47.000 --> 01:26:54.800
<v Speaker 3>that the nonverbal communication in court is far more significant

1265
01:26:55.119 --> 01:26:57.800
<v Speaker 3>than the verbal. It's how loud you are, and the

1266
01:26:57.880 --> 01:27:00.720
<v Speaker 3>modulation of your voice and the gesture that goes with it,

1267
01:27:01.039 --> 01:27:03.359
<v Speaker 3>and what your eyes look like at the time you're

1268
01:27:03.399 --> 01:27:06.560
<v Speaker 3>cross examining, and your posture and your position in the court,

1269
01:27:06.800 --> 01:27:09.039
<v Speaker 3>and how close you are to the jury, and when

1270
01:27:09.079 --> 01:27:11.239
<v Speaker 3>he answers, you look right at the jury if it's

1271
01:27:11.319 --> 01:27:14.359
<v Speaker 3>an answer that you want to emphasize, And it's the

1272
01:27:14.520 --> 01:27:18.279
<v Speaker 3>distance between two sentences that might be significant, and it's

1273
01:27:18.439 --> 01:27:22.039
<v Speaker 3>the modulation of voice, the informations that you bring to

1274
01:27:23.039 --> 01:27:25.720
<v Speaker 3>your language. All those things are far more important than

1275
01:27:25.760 --> 01:27:32.800
<v Speaker 3>the verbiage itself. The concept of persuasion requires concept of repetition.

1276
01:27:33.439 --> 01:27:35.119
<v Speaker 3>You want to say the same things over and over

1277
01:27:35.159 --> 01:27:37.199
<v Speaker 3>and pretty soon at the end of the case, those

1278
01:27:37.279 --> 01:27:40.159
<v Speaker 3>things are so solid and there might be only your questions,

1279
01:27:40.880 --> 01:27:44.479
<v Speaker 3>you know, and the standard instruction is who the questions

1280
01:27:44.520 --> 01:27:47.079
<v Speaker 3>of counsel are not evidence. But if that's only here

1281
01:27:47.239 --> 01:27:50.800
<v Speaker 3>and I ultimately it rings the bell that can't be

1282
01:27:51.000 --> 01:27:57.239
<v Speaker 3>unwrung in their mind. So one of my substantialities going

1283
01:27:57.279 --> 01:28:01.279
<v Speaker 3>after the goddamn snitch. You know, ultimately I have no

1284
01:28:01.439 --> 01:28:05.920
<v Speaker 3>respect and they have no place in any honor system

1285
01:28:06.000 --> 01:28:06.600
<v Speaker 3>of justice.

1286
01:28:08.239 --> 01:28:11.439
<v Speaker 6>Now, I was gonna ask you, Paulette, and if because

1287
01:28:11.439 --> 01:28:14.359
<v Speaker 6>it's included in your in your fine book, uh, that

1288
01:28:14.840 --> 01:28:19.000
<v Speaker 6>this brand of of of lawyering, of being an attorney,

1289
01:28:19.199 --> 01:28:23.960
<v Speaker 6>this this dramatic style has resulted in some attention from Hollywood.

1290
01:28:24.000 --> 01:28:26.760
<v Speaker 6>And I found it interesting that the movie class Action

1291
01:28:26.880 --> 01:28:30.239
<v Speaker 6>with Gene Hackman, Gene Hackman was actually sitting in the courtroom.

1292
01:28:30.399 --> 01:28:33.520
<v Speaker 6>Tell us a little bit about whatever movie interest or

1293
01:28:33.600 --> 01:28:38.479
<v Speaker 6>adaptations have made have been made from Tony and his

1294
01:28:38.560 --> 01:28:41.920
<v Speaker 6>appearances in court, Paulette, you're asking.

1295
01:28:41.720 --> 01:28:50.119
<v Speaker 7>Me, well, Uh, there was True Believer with James Woods

1296
01:28:50.600 --> 01:28:54.159
<v Speaker 7>and Robert Downey Junior. And then that is from the

1297
01:28:54.279 --> 01:29:00.279
<v Speaker 7>choso Le. Correct me if I'm wrong, Tony cho No, yes, yes.

1298
01:29:02.000 --> 01:29:05.399
<v Speaker 7>And then there was a television docu drama from the

1299
01:29:05.560 --> 01:29:10.520
<v Speaker 7>l and Sler case called I Believe What the hell

1300
01:29:10.640 --> 01:29:15.119
<v Speaker 7>is it? Called I've Forgotten the Mother's Something rather with

1301
01:29:15.439 --> 01:29:23.159
<v Speaker 7>Christine Laty right, and and then the Gene Hackman film

1302
01:29:23.199 --> 01:29:26.720
<v Speaker 7>which was filmed in Tony's partially filmed in Tony's office.

1303
01:29:28.359 --> 01:29:30.800
<v Speaker 7>I would love to see a film made of this.

1304
01:29:31.039 --> 01:29:34.520
<v Speaker 7>In fact, I just sent a package to Russell Crowe.

1305
01:29:34.560 --> 01:29:37.119
<v Speaker 7>I can see Russell Crowe in the role of Sarah,

1306
01:29:39.319 --> 01:29:44.640
<v Speaker 7>but he didn't respond. I can also see a television

1307
01:29:45.479 --> 01:29:50.279
<v Speaker 7>series such as House. I think that would be quite fast,

1308
01:29:50.600 --> 01:29:51.960
<v Speaker 7>fascinating and fabulous.

1309
01:29:53.680 --> 01:29:56.720
<v Speaker 3>You know, personally, I really think.

1310
01:29:56.560 --> 01:29:59.119
<v Speaker 6>It would be very An actor would find it very,

1311
01:29:59.239 --> 01:30:02.479
<v Speaker 6>very interesting to play the role, and lots of times

1312
01:30:02.520 --> 01:30:04.119
<v Speaker 6>that's what drives a lot of these things. So I

1313
01:30:04.159 --> 01:30:07.760
<v Speaker 6>think it's it's uh. I don't think give up on

1314
01:30:08.159 --> 01:30:12.319
<v Speaker 6>approaching actors with the kind of the pitch anyway, for sure,

1315
01:30:12.479 --> 01:30:16.520
<v Speaker 6>certainly especially when you have all these fine examples in

1316
01:30:16.560 --> 01:30:18.399
<v Speaker 6>your book of exactly what he does. You know what

1317
01:30:18.479 --> 01:30:20.800
<v Speaker 6>I found interesting, Tony. We've got to wrap up in

1318
01:30:20.840 --> 01:30:22.640
<v Speaker 6>a couple of minutes, but I want to ask you

1319
01:30:22.760 --> 01:30:28.319
<v Speaker 6>this is there because I've watched television, you know, again,

1320
01:30:28.640 --> 01:30:32.840
<v Speaker 6>fictional adaptations of lawyers acting in court cases, and you

1321
01:30:33.000 --> 01:30:37.199
<v Speaker 6>see a lot of drama and unfettered speeches, uninterrupted by

1322
01:30:37.279 --> 01:30:41.920
<v Speaker 6>the court. How on earth do you get to act

1323
01:30:42.239 --> 01:30:44.399
<v Speaker 6>the way you act in front of the judge? Is

1324
01:30:44.479 --> 01:30:47.239
<v Speaker 6>it is it that no lawyers are actually employing the

1325
01:30:47.319 --> 01:30:50.560
<v Speaker 6>techniques that you're doing, or do you have sort of

1326
01:30:51.159 --> 01:30:54.439
<v Speaker 6>a masterful time at the at before the hearing, at

1327
01:30:54.479 --> 01:30:58.319
<v Speaker 6>the preliminary of what deer getting some of this? Obviously,

1328
01:30:58.479 --> 01:31:02.119
<v Speaker 6>these these judges know you by now. How do you

1329
01:31:02.279 --> 01:31:05.439
<v Speaker 6>ever get shut down by judges? How can you act

1330
01:31:05.560 --> 01:31:08.000
<v Speaker 6>the way you acting for it? I've never seen anything

1331
01:31:08.119 --> 01:31:08.279
<v Speaker 6>like that.

1332
01:31:08.960 --> 01:31:14.720
<v Speaker 3>Of course, the ones you know that are the most difficult,

1333
01:31:15.159 --> 01:31:20.079
<v Speaker 3>or the judges, they're supposed to be. Let's use the

1334
01:31:20.159 --> 01:31:23.600
<v Speaker 3>analogy of a soccer game. They're supposed to be the referee,

1335
01:31:24.640 --> 01:31:27.359
<v Speaker 3>and I fine, after I get the ball around, let's

1336
01:31:27.399 --> 01:31:30.239
<v Speaker 3>call it the forwards in the back and I'm ready to,

1337
01:31:30.840 --> 01:31:35.319
<v Speaker 3>you know, get it past the goalie. It's the referee.

1338
01:31:35.439 --> 01:31:40.680
<v Speaker 3>It's the judges. They're stopping me because you know, one

1339
01:31:41.239 --> 01:31:46.399
<v Speaker 3>is they may think the person's guilty, and they want

1340
01:31:46.560 --> 01:31:52.159
<v Speaker 3>to manipulate what occurs, and they might think that I

1341
01:31:52.399 --> 01:31:55.199
<v Speaker 3>may well get an a quitto and in near mind

1342
01:31:55.239 --> 01:31:59.239
<v Speaker 3>the guy's guilty. This would be a terrible miscarriage to justice.

1343
01:31:59.279 --> 01:32:02.239
<v Speaker 3>And I call those the moralists, and they put their

1344
01:32:02.359 --> 01:32:07.600
<v Speaker 3>personal moral perspective on the case beyond law, and they

1345
01:32:07.640 --> 01:32:10.479
<v Speaker 3>will silence the attorney if they think the attorney is

1346
01:32:10.560 --> 01:32:13.399
<v Speaker 3>going to win in a case that they think should

1347
01:32:13.399 --> 01:32:15.960
<v Speaker 3>be lost. That's the worst kind of judge. Then there's

1348
01:32:16.000 --> 01:32:20.680
<v Speaker 3>the second kind, and that judge has been a prosecutor. Understand,

1349
01:32:21.079 --> 01:32:23.560
<v Speaker 3>in the criminal field, more than half the judges I

1350
01:32:23.720 --> 01:32:28.800
<v Speaker 3>encounter our ex prosecutors and they, you know, like, for instance,

1351
01:32:28.840 --> 01:32:32.640
<v Speaker 3>Class two nights ago, I'm in a restaurant. Some retired

1352
01:32:32.720 --> 01:32:34.800
<v Speaker 3>cop comes up to me and says, I hate you.

1353
01:32:34.920 --> 01:32:37.560
<v Speaker 3>I hated you all your life. I've watched too many

1354
01:32:37.600 --> 01:32:42.079
<v Speaker 3>police officers' funeral and I'm just looking up mellow man.

1355
01:32:42.199 --> 01:32:46.199
<v Speaker 3>I'm saying, he is a very strong word. And how

1356
01:32:46.279 --> 01:32:49.000
<v Speaker 3>many times have you gone to the funeral of someone

1357
01:32:49.600 --> 01:32:54.000
<v Speaker 3>that a police officer has killed? Sir? So, I got

1358
01:32:54.119 --> 01:32:57.159
<v Speaker 3>judges who ex prosecuted. They fucking hate me, and they're

1359
01:32:57.159 --> 01:33:01.119
<v Speaker 3>gonna do everything they can to obstruct me. Sometimes I'm

1360
01:33:01.399 --> 01:33:04.119
<v Speaker 3>there at the podium, especially in federal court, I take

1361
01:33:04.199 --> 01:33:06.880
<v Speaker 3>my hand off the podium, make a gester, mississari, your

1362
01:33:06.960 --> 01:33:10.000
<v Speaker 3>hands off the podium. I'm gester in your honor. You

1363
01:33:10.239 --> 01:33:12.560
<v Speaker 3>can't do that in this court. You put your hand

1364
01:33:12.640 --> 01:33:16.239
<v Speaker 3>back on the podium, and then you know, I sometimes

1365
01:33:16.279 --> 01:33:18.720
<v Speaker 3>I'll turn the podium so I can face the witness

1366
01:33:18.840 --> 01:33:21.159
<v Speaker 3>or face the you've turned the podium.

1367
01:33:21.560 --> 01:33:22.079
<v Speaker 7>I have you on.

1368
01:33:22.159 --> 01:33:25.279
<v Speaker 3>I want to face the witness. You put that podium

1369
01:33:25.399 --> 01:33:29.560
<v Speaker 3>back and then that will precipitate the scream out. And

1370
01:33:29.680 --> 01:33:33.159
<v Speaker 3>then I've had your jurors. They clear the yourrs. It's

1371
01:33:33.239 --> 01:33:35.680
<v Speaker 3>me and the judge. This has happened a number of times.

1372
01:33:36.119 --> 01:33:39.119
<v Speaker 3>And I'm yelling, is this the United States of America?

1373
01:33:39.239 --> 01:33:41.439
<v Speaker 3>There's a lawyer got to speak on my hair for

1374
01:33:41.600 --> 01:33:45.760
<v Speaker 3>this client. You know, why are you you know fil

1375
01:33:45.840 --> 01:33:48.359
<v Speaker 3>and seeing me in front of the jury this year

1376
01:33:48.560 --> 01:33:51.159
<v Speaker 3>is the deprivation to do process. I want to this

1377
01:33:51.319 --> 01:33:55.199
<v Speaker 3>cry right now, and I'm yelling and screaming, and sometimes

1378
01:33:55.279 --> 01:33:59.760
<v Speaker 3>it works and sometimes it doesn't. But yes, you hit

1379
01:33:59.800 --> 01:34:01.600
<v Speaker 3>the nail on the head. It's one of my pet

1380
01:34:01.760 --> 01:34:05.960
<v Speaker 3>new ingrediances that the judges sometimes will come down on me.

1381
01:34:06.399 --> 01:34:10.680
<v Speaker 3>Now sometimes it's just the opposite. I remember one case.

1382
01:34:10.880 --> 01:34:14.000
<v Speaker 3>It was filmed on sixty minutes, so it's still around somewhere,

1383
01:34:14.960 --> 01:34:17.279
<v Speaker 3>and they used a lot of the case the in

1384
01:34:17.399 --> 01:34:20.520
<v Speaker 3>the piece and the judge as to me, although she

1385
01:34:20.600 --> 01:34:24.159
<v Speaker 3>knew was being filmed. She calls me up and I

1386
01:34:24.239 --> 01:34:28.600
<v Speaker 3>think the DA too to sidebar mister Sarah, I don't

1387
01:34:28.680 --> 01:34:31.720
<v Speaker 3>care what you do in this court but don't bore me,

1388
01:34:33.520 --> 01:34:37.479
<v Speaker 3>which was like an invitation, you know, to stand on

1389
01:34:37.600 --> 01:34:40.319
<v Speaker 3>my head if I desired. But a lot of judge

1390
01:34:40.359 --> 01:34:43.039
<v Speaker 3>don't say it, but that's what they want. They consider

1391
01:34:43.159 --> 01:34:51.000
<v Speaker 3>it in their world somewhere between entertainment and grand emotion,

1392
01:34:51.640 --> 01:34:57.239
<v Speaker 3>and because maybe yes it is rare, they're enticed by it.

1393
01:34:57.399 --> 01:35:00.760
<v Speaker 3>And many times I get more forensic latitude the lawyers,

1394
01:35:01.000 --> 01:35:03.960
<v Speaker 3>hey man, not wind, no question. And I tried to ask,

1395
01:35:04.039 --> 01:35:06.199
<v Speaker 3>and you know, I got cut off. There was the

1396
01:35:06.279 --> 01:35:10.359
<v Speaker 3>objection was sustained where somehow I they'll let me do it.

1397
01:35:10.600 --> 01:35:14.600
<v Speaker 3>So it may be a product of age and you know, reputation,

1398
01:35:15.479 --> 01:35:19.520
<v Speaker 3>or they just want to hear. I don't know what

1399
01:35:20.359 --> 01:35:24.600
<v Speaker 3>my version in my fashion. So I have them on

1400
01:35:24.760 --> 01:35:29.479
<v Speaker 3>both sides, and very few are really neutral, although there

1401
01:35:29.640 --> 01:35:35.560
<v Speaker 3>is a segment that at leass posture posture neutrality, but

1402
01:35:35.680 --> 01:35:37.880
<v Speaker 3>they're biased one way or the other. But they're just

1403
01:35:38.000 --> 01:35:42.159
<v Speaker 3>not manifesting it. But yes, it's a problem.

1404
01:35:41.920 --> 01:35:47.359
<v Speaker 6>For me, certainly, I can imagine for sure. Anyway, paul Ette,

1405
01:35:47.399 --> 01:35:51.680
<v Speaker 6>I want to just ask you what you have on

1406
01:35:51.760 --> 01:35:54.600
<v Speaker 6>the horizon's what's new? What do you You must be

1407
01:35:54.680 --> 01:35:58.119
<v Speaker 6>doing some form of book tour and doing interviews, tell

1408
01:35:58.199 --> 01:36:00.600
<v Speaker 6>us a little bit about what happens the book has

1409
01:36:00.600 --> 01:36:03.560
<v Speaker 6>been released, when did it get released, and tell us

1410
01:36:03.560 --> 01:36:05.880
<v Speaker 6>a little bit about what's what you're doing.

1411
01:36:05.960 --> 01:36:11.640
<v Speaker 7>With It was released in November twenty ten, and Tony

1412
01:36:11.680 --> 01:36:16.439
<v Speaker 7>and I have done interviews and readings and presentations in

1413
01:36:16.720 --> 01:36:21.239
<v Speaker 7>mostly in the San Francisco area because he was in

1414
01:36:21.319 --> 01:36:24.239
<v Speaker 7>a god awful triple murdered trial that took up all

1415
01:36:24.279 --> 01:36:28.119
<v Speaker 7>his time and attention. But we did do a number

1416
01:36:28.119 --> 01:36:32.399
<v Speaker 7>of things in that area. And I'm about to probably

1417
01:36:34.279 --> 01:36:37.479
<v Speaker 7>rally again and being in New Mexico, so you know,

1418
01:36:37.600 --> 01:36:40.359
<v Speaker 7>it's sort of a stretch to keep coming to California,

1419
01:36:40.840 --> 01:36:45.520
<v Speaker 7>although my family and everybody's there, so it's nice. But

1420
01:36:45.640 --> 01:36:49.319
<v Speaker 7>I'm about to try to put together something on the

1421
01:36:49.399 --> 01:36:53.000
<v Speaker 7>East coast and in other places regarding this book. And

1422
01:36:53.119 --> 01:36:57.640
<v Speaker 7>I'm also writing a book about Marcel Marceau. We were

1423
01:36:57.760 --> 01:37:03.199
<v Speaker 7>friends and lovers and that was well, that's the next book, Fower.

1424
01:37:04.039 --> 01:37:07.520
<v Speaker 6>That'll be something for sure. Definitely let me know about that.

1425
01:37:07.720 --> 01:37:09.680
<v Speaker 6>We can be prized of what's going on.

1426
01:37:09.880 --> 01:37:17.000
<v Speaker 7>It's a far cry from murder, but hey, it's.

1427
01:37:16.920 --> 01:37:20.760
<v Speaker 6>All great history. Well, I want to thank you very much,

1428
01:37:20.880 --> 01:37:24.600
<v Speaker 6>both of you. Tony, Sarah and paul Ette Frankel for

1429
01:37:24.800 --> 01:37:27.199
<v Speaker 6>this Lust for Justice, The Radical Life and Law of

1430
01:37:27.399 --> 01:37:31.359
<v Speaker 6>j Tony Sarah. We've just touched upon this. People that

1431
01:37:31.439 --> 01:37:34.319
<v Speaker 6>have listened to this interview, Will I'm sure, I'm certain

1432
01:37:34.399 --> 01:37:37.199
<v Speaker 6>will be interested to read this book. It's just it's

1433
01:37:37.520 --> 01:37:39.159
<v Speaker 6>and it's an amazing read. So I want to thank

1434
01:37:39.159 --> 01:37:41.920
<v Speaker 6>you very much and for coming on the program and

1435
01:37:42.000 --> 01:37:44.000
<v Speaker 6>talking about this great book. You guys are both very

1436
01:37:44.119 --> 01:37:46.199
<v Speaker 6>very engaging guests, and I want to thank you for

1437
01:37:46.279 --> 01:37:48.560
<v Speaker 6>taking the time to come out and speak to me

1438
01:37:48.760 --> 01:37:50.800
<v Speaker 6>and of course my audience.

1439
01:37:51.439 --> 01:37:54.520
<v Speaker 7>Thank you for having us. I want to put in

1440
01:37:54.600 --> 01:37:56.960
<v Speaker 7>a quick plug for Tony. He's got his own book

1441
01:37:57.039 --> 01:38:04.119
<v Speaker 7>out called Walking the Circle about prison chronicles. So anyway,

1442
01:38:04.159 --> 01:38:06.239
<v Speaker 7>thank you so much. It's been a joy and a pleasure,

1443
01:38:06.439 --> 01:38:08.720
<v Speaker 7>and thank you for having us.

1444
01:38:09.680 --> 01:38:11.520
<v Speaker 6>Well, thank you very much. And I'm gonna have to

1445
01:38:11.880 --> 01:38:13.720
<v Speaker 6>once i've i've got that knowledge, I'm going to have

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01:38:13.760 --> 01:38:16.079
<v Speaker 6>to invite you back on the program, Tony and talk

1447
01:38:16.079 --> 01:38:19.199
<v Speaker 6>about your book specifically, So that would be another fascinating

1448
01:38:19.279 --> 01:38:21.079
<v Speaker 6>thing if you have the time. But I want to

1449
01:38:21.079 --> 01:38:23.800
<v Speaker 6>thank you very much. And you've been listening to Lust

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01:38:23.840 --> 01:38:27.039
<v Speaker 6>for Justice. Paulette Frankel and Jay Tony, Sarah, thank you

1451
01:38:27.199 --> 01:38:30.000
<v Speaker 6>very much, have a great evening, folks, and good night,

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<v Speaker 6>thank you, thank you, good night night
