Another One of Someone I Knew
As I approach my seventy-fifth birthday, the number of deaths of people I have known has accelerated. Last week I noted yet another.
Six months after I passed the bar exam, I was working for a small firm that represented medium-size businesses. I was appointed by the Federal District Court to represent a Black man almost exactly my age, who had been falsely accused of robbing a bank. The evidence against him was so weak, it was clear to me that the cops just picked up the first Black guy they saw.
I had trial skills loosely learned from watching TV. I got a statement from the government’s key (and only) eyewitness, which contradicted what the government wanted him to say at trial. The bitterly contested trial took less than a day. I was almost held in contempt for accusing the U.S. Attorney Donald Stohr (later a federal district judge) and the Assistant U.S. Attorney Mike Reap of suborning perjury.
The all-White jury was out for a day and a half before returning a guilty verdict. The Eighth Circuit reversed on appeal in an opinion sharply critical of the prosecution’s tactics, United States v. Dailey 521 F. 2d 924 (8th Cir. 1975).
I thought this case would rocket my career as a defense or appellate lawyer, but it made no difference. However, I had the satisfaction of beating the U.S. Attorney, the cops, and the FBI.
Years later when I was arrested for punching out a neo-Nazi at a demonstration, I was surprised to receive a call from Mr. Reap, who offered to testify for me as a character witness!
Mike Reap died recently after a notable career and was featured in an obituary in the St. Louis Post-Dispatch: https://www.stltoday.com/news/local/crime-courts/michael-reap-fixture-in-us-attorneys-office-for-40-years-dies-at-77/article_5ce045d0-1778-11ee-ad12-cf35b782504b.html.
Another death of someone I knew.