Open thread on criminal defense attorneys: Gerry Spence opens a can of whup-ass

Monday, April 22, 2013

Gerry Spence is the best trial lawyer in the United States and here is an example of what he can do to a witness on cross examination.

Watch him in this video when he opens a can of whup-ass.

Speaking from experience, this video about a day in the life of a criminal defense attorney is all too real.

48 Responses to Open thread on criminal defense attorneys: Gerry Spence opens a can of whup-ass

  1. here’s a new one by Papa! look at that creepy grin! i’d like the jury to see this so they can see how easily and cheerfully he can lie to his whole friends and family!! i think that says a lot about someone’s ability to lie.

  2. Malisha says:

    I think I would have been a better witness than the “coaching” guy who was trying to show the county was not negligent.

    I’d have said, for instance, “I was coached because court rooms are different from conversations where you just tell the truth; apparently in a court room, you can’t just get up there and tell the truth in your own words; you can easily be manipulated by someone into giving a false impression even while you’re trying hard to tell the truth. It’s a very formalized and peculiar proceeding, so you need to understand it a little bit beforehand.”

  3. Oh. Did I mention that 3 cops searched my person, car and possessions for 1.25 hours and found nothing illegal, and that there were no drugs or alcohol in my blood? Yeah. I am the first and only person, in America, I think, with an affirmed DUI, with no drugs or, alcohol, in a chemical blood test, and no inappropriate driving.

    The stop was illegal, of course. All they do to get around that, is to claim the stop was ‘voluntary,’ and prevent me from mentioning the 25 times the cop testified that he ‘fell in behind her and stopped her.’

    • where is this stuff crain? I’ve heard passing comments about legal problems in comments but nothing so detailed. do you have anything online i can look at now?

      yes, i think i did read something you wrote along time ago, but it wasn’t about you personally.

      • I have to get all the FOIA I can, for fear they’ll cut it off. Maybe irrational but I want as much as I can get. I only got the case file for the first time a few months ago. One thing I can try off the bat is post the stop to YouTube. I’ll attempt that, I have CDs of it now.

      • On my site, are official transcripts of the preliminary grand jury and suppression hearings showing the officer change his story, the drug tests alcohol test of the blood, the published court of appeals opinion, a link to the lab analyst testifying, maybe I need to pull this all up and relist it. There is quite a bit, and it is tagged “Frog Gravy Legal Case.” I have the chain of evidence log from the sheriff but am holding it until I get chains of evidence from the labs.

        • Thank you Crain. But the other day I clicked on your name here and wound up hypnotized by the Eagles! The babies! OMG they seem prehistoric to me. That’s the word that comes to mind. I can’t explain it. So wild and raw.
          I was lucky enough to adopt a green winged macaw (Elvis) many years ago when his *father* went to * college* for a couple years. When he first came I couldn’t stop starring at him- for months! He was amazing. He reminded me of what natural history really means. But of course, I know you have a grey, so you know at 3 years old how silly they are! In my mind he is a little person, immature little kid! So he only looked wild to me, he didn’t seem wild.
          It was tough but when I had my son 6 years ago, after a few months I realized I just couldn’t take care of him anymore so he went to another family. But we stay in touch and I call him on his birthday April 1st! Lol ( and have an agreement they are NEVER to give him away or especially SELL him to anyone if circumstances meant they couldn’t keep him. And that if I still wasn’t able to keep him that we’d work together to find him a home.) He’s 22 now and really unbelievable!!
          Oops went a tiny bit off topic lol.

          Anyway I’m moving ( I have been for a month and half! 1st time in 21 years! and im NOT very good at it it seems Lol) but will be totally done this coming few days so I’ll be able to catch up and concentrate on what exactly happened to you. It sounds like a movie! And terrifying!! From what I can tell you’ve been a victim of the machine of judicial corruption. So fuckin scary!! So thank you for sharing, really!

  4. Gerry Spence rocks. If I’d had him for my trial, he’d a tore it up. Too bad we couldn’t afford him (couldn’t afford Fred to do pro hoc vice either, so I was stuck with the backstabbing loser, Chris McNeill, the Paducah public defender who has earned himself a bar bitch for malpractice. He filed a motion with the prosecutor, after my trial and after conviction to alter the appeal, without telling me. I found it, Seven years later, in his fucking case file)..

    • LeaNder says:

      You guys must wonder where I have been for the past several months. I have been researching and writing the Frog Gravy legal case! I will begin to blog that soon. Today’s essay is a continuation of a historical series about Missouri farm life history.

      Crane, I do not find it easy to navigate your site or search it via Google. But I would be very interested in your legal case beyond the quite interesting prison impressions. Which I read partly.

      Concerning the Gerry Spence,video interesting pick. After the first bond hearing watching Fogen in the box, questioned by BDLR, I wondered if they would hire a witness consultant. Or more precisely, first I wondered if something like that exists in the States, Google answered, yes indeed.

      • Thank you LeaNder, and I promise to begin doing that soon. I will likely begin with the chain of evidence, which I can photograph and place, in whole, online. It is the most bizarre, nonsense document I have ever seen, and I think you will find that it takes your breath away. By way of teaser, I sat in jail for ten days, having no idea what I was charged with. They told Fred I was charged with heroin possession. That changed to cocaine (all forms except crack) and then it changed to crack. The physical description changed as many times, it lost 86% of its weight, and took some undocumented, unaccounted for trips around the state a few times. There is one part that indicates the ‘item’ may have resided in two towns at the same time. There were no weights or signatures when the ‘item’ traveled.

        The judge made a ruling that I was disallowed from bringing up the grand jury perjury and suborned perjury, and he disallowed any questioning on prior inconsistent statements. In other words, he ruled that I could not present a defense.The lab analyst that tested my blood and found nothing lied and claimed he did not perform a test when he did.

        It goes on and on and on and on. Part of my reluctance is that when I look at the case file I get, quite literally, very sick. But the sickest part is, my own defense lawyer, Chris McNeill, was part of the fraud,For that reason I decided not to file an ineffective claim, because he was very effective. He was effective at deliberate participation in fraud (a 60.02 in KY) and malpractice.

        When I requested my case file from him, he said, “Even though you do not see any evidence whatsoever, there’s something there.” He asked if I wanted to meet with him and go over the file., I told him I never want to see or speak to him again, and to leave the file at the desk. There’s got to be a real special place in Hell for folks like McNeill.

        Bottom line: legal case essays coming soon.

      • LeaNder says:

        Good, I was wondering about that for some time. You are a very good writer Crane, I love your prison impressions. At least to the extend I caught them here.

        Maybe once you started, Fred can put up an alert? I can’t follow all contributions here.

  5. Xena says:

    Jodia Arias’ defense attorney was given a grade of “C” by HLN attorney commentators.

  6. Rachael says:

    OMG that Day in the Life of a Defense Attorney, I can imagine it is exactly like that sometimes! LOL

  7. Two sides to a story says:

    LOLOLOL. THe day in the life is awesome!

    And love that elephant too!

  8. ay2z says:

    Before we move on, let’s not forget Papa’s tightwire. Funny how that elephant keeps showing up in that room.

    • Outstanding, absolutely LOVE the elephant. ‘DD’ is akin to having a prolonged, useless drawn-out conversation about a green toenail on the elephant while nobody mentions that there is a damn elephant in the room! A great big elephant. Sitting in the living room. BDLR does not even NEED ‘DD.’

      Maybe Papa made this vid in reference to one of the other many elephants, but the DD thing (thanks to what’s her name? Rene Stutzman totally SPAMMING google and the internet with the ‘DD’ non-issue. Seriously. They in for a shock, if they think DD is ‘all that.’

  9. Xena says:

    Funny, funny, funny. 🙂

  10. Two sides to a story says:

    Not to go off topic, but Richie Havens passed away on Monday, and like many things, that news eclipsed by the Boston Bombings.

    Here’s an old performance of Freedom. RIP. Mr. Havens, I mean. I hope we still have some freedom.

    • ay2z says:

      Looks like they want their viewers tied into their app, their articles, their ratings.

    • groans says:

      How odd, the instructions for getting the app: “Download it for free today by texting “Zimmerman” or “Trayvon” to 45995.”

      Do you suppose you’d get one version if you text “[Killer]” and a different version if you text “Trayvon”? 😕

      • naw, just one side, mr. pipylongstocking’s interpretation!
        the same one who thought he did a great job with the Mr Expert story.
        these people are all getting on my last nerve! I don’t know how they could’ve made an app agreeable in my mind. but it sure wouldn’t be calling it the zimmerlover app!

    • first of all tony pipitone can kiss my ass for such stupid reports about that fraud MrExpert! that automatically made mr pipitone incredible so why would I wanna read his ignorant tweets or opinions!!?

      2nd. who in the world is gonna want a *Zimmerman* app on their own phone they have to look at everyday? gross me out the door!
      ( of course besides the zimmerlovers )

      there’s plenty of better apps to use for livestream.

  11. bettykath says:

    Yep. Cops arrested me for no reason at all. LOL.

    • Me too….By DHS no less………They brought local cops with them too because they didn’t know what jail to take me too…..

      Cuffed…in the back of one of the local cruisers the cop listened to my protestations..checked it out..and basically told DHS it was bullshit…..Whereupon DHS got me out of the back of the cruiser….uncuffed me….and told me I was free to go……without even an apology.

      I contacted a few lawyers about possible legal action……..what I got from the most of them?…….DHS is beyond prosecution

  12. Rachael says:

    I haven’t been at all that many trials, and I have heard some laughter during a trial, but not like that. It is a court room, not a comedy club (though I guess the two are often confused).

    • Spence was giving a talk/demo on cross examination at the University of Michigan in that clip. But that’s how he does it. I don’t believe the man ever lost a case. He represented Ymelda Marcos and the white supremacist at Ruby Ridge.

      • Bill Taylor says:

        in the ruby ridge case it helped that his client was innocent, and had been harassed into being entrapped.

        i agree he is an outstanding lawyer…..i have often heard that no lawyer wants a real intelligent person on the jury, and it seems reasonable that would be true?

      • Bill Taylor says:

        i must not communicate well? i thought i posted lawyers dont want A REAL intelligent person on the jury meaning ONE very intelligent person on the jury.

        i did not in any way mean they want a “dumb” jury, there is a big difference between real intelligent and dumb.

    • bettykath says:

      Looks like a demonstration on a stage for students. Would love to hear that organ!

    • lsimon3321 says:

      I wasn’t sure if it was a comedy skit like the ones done for law students at some point during their schooling or a comedy. I guess that’s not an American court. I don’t think any allow that style. Do they?

  13. Trained Observer says:

    Quite the guy, that Gerry Spence! Thanks.

    In South Florida, Steadman Stahl along with his partner, mob lawyer Joe Varon at Stahl & Veron, were held in high esteem in criminal defense circles.

    Stahl died at 72 in ’98; Varon held on until age 98 in 2010, but the end wasn’t smoothe.

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