With the Shock of the Election Behind Me, I’m Starting Up Again!
I've had a rewarding legal career with as many valleys as peaks; however, the biggest peak occurred less than a year after I was admitted to the bar in September, 1974.
On January 28th, 1975, a young Black man was arrested for attempted bank robbery in the St. Louis suburb of Pine Lawn, after being picked up by the police a block away from the bank. The Federal courts had a practice of appointing new lawyers to represent defendants who could not afford a lawyer. It was a way of trying to give the facade of fairness when in fact those appointed (like me) had neither the skill nor the experience to handle such cases. After visiting my client in jail, I was convinced that the police had simply picked up the nearest Black guy they saw.
I did some detective work on my own, and tried the case with the help and support of the small law firm that was paying me to do other work. After a one-day trial the jury was out for nine hours over two days, and came back with a guilty verdict. It was a devastating blow to me, not to say my client. It was the single worst moment of my career, even to my retirement several years ago. I then appealed and won before the Court of Appeals for the Eighth Circuit, which issued a scathing opinion about the conduct of the police, FBI and US Attorney. Getting the news of that ruling was the best moment of my career.
I mention these things because the 50th anniversary is approaching, and going through old stuff I found pictures of my client, his jacket, a copy of my notes for my final argument (the first and only one I'd give in a jury trial), and my appellate brief. They are attached as well as a link to the Court of Appeals’ Opinion. I'm including them so you can view or read if you want, but also so I don't lose them.