For the Defense with David Oscar Markus

In this series premiere episode of "For the Defense," David Oscar Markus speaks with Harvey Weinstein's lawyer Donna Rotunno about defending the biggest case of her career, representing the most hated man in America, fighting an entire movement and dealing with a hostile media, prosecutor, and judge.

Racial justice is a topic that's on everyone's mind right now. In this episode, David Oscar Markus speaks with famed criminal defense attorney Roy Black about defending a police officer accused of killing a young Black man in the wake of the https://www.miamiherald.com/news/local/community/miami-dade/article77769522.html (Arthur McDuffie riot). Roy brings us back to those tense times in the 1980s, which sound a lot like what's occurring today. Roy explains the challenges of representing a police officer who everyone wants to be convicted so that Miami won't burn again. Further reading: Roy wrote a chapter in his book about the Luis Alvarez case: http://www.royblack.com/files/Alvarez.pdf (http://www.royblack.com/files/Alvarez.pdf)

There wasn't a bigger star than Michael Jackson.  And there wasn't a bigger trial than People of the State of California v. Michael Jackson, the four and a half month case in Santa Maria, California.  The King of Pop needed the absolute best trial lawyer he could find as the stakes couldn't have been higher. Stars lined the audience and the witness stand in a trial with wall-to-wall coverage. The question to be answered at trial: Was Neverland Ranch the site of childhood fantasy or unthinkable nightmares?  Everyone had an opinion on how Jackson and his lawyer should defend the case. Tom Mesereau had to put aside the noise and trust what got him there -- his trial lawyer instincts. From picking the jury to cross examining the complaining witnesses to deciding whether to call Michael Jackson himself to the stand, Mesereau made the right decision each and every time despite enormous criticism along the way. 

In the 80's and 90's, the Cali Cartel was responsible for importing the majority of cocaine into the United States. Federal prosecutors went hard after the leaders of the Cartel. But that wasn't enough. In Miami, federal prosecutors also went after the Cartel's criminal defense lawyers. One of those lawyers was brash Bill Moran. He looked and acted the part, wearing cowboy boots and expensive suits. When Moran was charged with RICO, the most serious of federal crimes, he needed the best possible team of lawyers. He hired Martin Weinberg and Albert Krieger.  In this episode of For the Defense, David Oscar Markus, who later represented the head of the Cali Cartel (Gilberto Rodriguez-Orejuela) interviews Martin Weinberg, one of the deans of the criminal defense bar, on what it was like to represent a criminal defense lawyer (Moran) who had extremely strong views on how the case should be tried.  

H.T. Smith discusses what it means to be a criminal defense lawyer in the context of an unspeakably grisly first-degree murder case in which his client, Aubrey Arthur Livingston, was accused of participating in the killing of five people, including two small children. Smith tried the case before a Broward County (FL) judge who appeared to be looking forward to sending Smith's client to https://www.sun-sentinel.com/news/fl-xpm-1986-07-23-8602130367-story.html ("Old Sparky,") the electric chair in Florida used to inflict the ultimate punishment. https://www.sun-sentinel.com/news/fl-xpm-1985-09-18-8502090177-story.html (Smith fought two trials and an appeal all the way to the Florida Supreme Court) as the only barrier between his client and electrocution.

F. Lee Bailey discusses the case that thrust him into the national spotlight in the trial of the century before trials were covered by TV and social media. Bailey was a young gunslinger, representing Sam Sheppard, who later became the inspiration for the TV series and movie called The Fugitive. Bailey took on Sheppard’s case after he had been convicted at his first trial and most had lost hope for him despite his repeated claims of innocence. Bailey did not lose hope and took the case all the way to the Supreme Court and then to a new trial, where he became known as the best cross-examiner of a generation.

BONUS SEASON ONE EPISODE: How many times over the past year have you heard the words quid pro quo? The entire impeachment trial of President Trump centered around the meaning of these words. But it didn't start with Trump. Back in 2014, Governor Bob McDonnell and his wife were charged with fraud for accepting gifts. Attorney Hank Asbill told the feds that they had no case because the Governor did not perform an "official act" in exchange for the gifts -- there may have been a quid but there was no quo. In this episode, Hank will explain the long-game defense strategy, which ultimately led to victory.

Season 2 of For the Defense premieres with Alan Dershowitz, perhaps the most well-known criminal defense lawyer of this generation. In this episode, he discusses the O.J. Simpson case, which went to trial while host David Oscar Markus was in his criminal law class at Harvard Law School. Dershowitz discusses what went wrong for the prosecution and the fascinating question of what should a jury do when it believes that the police framed someone they believe to be guilty.

Jose Baez was a former Miami public defender looking to make a living in Orlando. Then he got a call from the jail that would change his life forever. Casey Anthony put her trust in Jose, and he did not disappoint. Up against a hostile media, judge, prosecution and even local bar, Jose showed what Miami criminal defense lawyers are made of. 

Harvard Law Professor Ron Sullivan has spent his career teaching trial advocacy. In this episode of For the Defense, he shares with David Oscar Markus the techniques he used in defending NFL star Aaron Hernandez in his second murder trial. No one thought the case was winnable after Hernandez has previously been found guilty of another murder. That's when true defenders like Sullivan shine. 

Senator Ted Stevens was charged in federal court right before his election. He turned the famed criminal defense firm of Williams & Connolly to defend him. Rob Cary, who tried the case with Brendan Sullivan, discusses defending a well-known political figure at trial and also what turned into one of the biggest cases of prosecutorial misconduct in this Nation's history. 

Yahweh Ben Yahweh had been convicted in federal court of conspiracy and sentenced to 17 years. But that was not enough for prosecutors who viewed him as an evil cult leader who ordered gruesome murders in South Florida. So they charged him with first degree murder in state court. The case involved tales of beheadings, cutting people's ears, and even a Temple of Love. Jayne Weintraub took over the defense and won.

Senator John Edwards was a rising star in the Democratic party. He was a popular senator from North Carolina. He was John Kerry’s running mate in 2004 and then a presidential candidate in 2008. But he was also a flawed candidate as he was having an affair while his wife was dying from cancer and while he was campaigning for the highest office in the land. Was the cover up of the affair and Rielle Hunter’s pregnancy a federal crime or simply a sin? You’ll hear David Markus discuss the fascinating federal trial with famed criminal defense lawyer Abbe Lowell, who successfully defended Edwards.

The Deepwater Horizon explosion was arguably the worst environmental disaster in United States history.  In its effort to assign blame, the government scapegoated an innocent man - Robert Kaluza, the off-duty rig supervisor who was filling in for a few days. David Gerger discusses his successful defense with David Markus in this episode of For the Defense.

The Oklahoma City Bombing is one of the deadliest domestic terrorism cases in U.S. history and it struck right at the heart of the criminal justice system. Would anyone represent Timothy McVeigh and Terry Nichols? Not only did Nichols get a lawyer, he got one of the very best in history, Michael Tigar.  Tigar is a renowned trial lawyer, appellate lawyer, scholar, and author. His memoir, https://nyupress.org/9781583679227/sensing-injustice/ (Sensing Injustice), is a must read.  Also featured in this episode is original music by Omondi Nyong’o, A Call to Arms. His music can be found at http://www.omotionmusic.com/ (www.omotionmusic.com).  Finally, if you are a Florida lawyer and have listened to all of Season 2, there is a CLE course code at the end of the episode. Thanks for listening to Season 2. 

Southern District of New York Judge Jed Rakoff has been a prosecutor, a defense lawyer, and a federal judge, so he has a unique perspective of the criminal justice system. He has written a fascinating book about the system and its issues. In this bonus episode, David Oscar Markus discusses some of the main problems with the system and how to fix them. 

Northern District of California Judge Charles Breyer joins David Oscar Markus in the premiere episode of Season 3 of For the Defense to discuss how the criminal justice system works from the perspective of a federal trial judge. In this mini-season, David will speak to three judges, including Breyer, the younger (and much cooler!) brother of Supreme Court Justice Stephen Breyer, and two 11th Circuit Court of Appeals judges -- Robin Rosenbaum and William Pryor. These follow up on the well-received bonus episode with SDNY Judge Jed Rakoff.

Eleventh Circuit Judge Robin Rosenbaum joins David Oscar Markus in this mini-season of judges in For the Defense. Judge Rosenbaum has a unique perspective on the criminal justice system as she has been a federal prosecutor, a magistrate judge, a district judge, and now an appellate judge. As a member of the more liberal wing of a court that is predominantly conservative, Judge Rosenbaum will also discuss the dynamics of appellate decision-making, reaching consensus, civility, and writing.

Eleventh Circuit Chief Judge William H. Pryor joins David Oscar Markus on the Finale of Season Three of For the Defense.  Judge Pryor brings a totally different perspective to the show, as he is the former Attorney General of Alabama, is on the conservative wing of the Eleventh Circuit, and even made President Trump's short list for the United States Supreme Court. Please join David and Judge Pryor in this engaging, back and forth discussion about the criminal justice system.

The trials and tribulations of Willy Falcon and Salvador Magluta are the stuff of legal legend in Miami. Billy Corben and Alfred Spellman of http:///www.rakontur.com (rakontur) are the producers of https://www.netflix.com/title/80996810 (Cocaine Cowboys: The Kings of Miami), a six-part documentary miniseries that recently premiered on Netflix. The filmmakers join David Markus on For the Defense to discuss the rise and fall of “Los Muchachos,” the behind the scenes making of the series, and the prosecutors and defense lawyers who appeared on the show.

Season 4 of For the Defense premieres with Bruce Rogow who sits down with David Oscar Markus to discuss the groundbreaking criminal trial against 2 Live Crew and its front man Luther Campbell. Bruce Rogow discusses the 2 Live Crew case, an only in South Florida story in which a rap band was prosecuted because of its dirty lyrics.  Rogow and David Oscar Markus get into the backstory of the case, how it put 2 Live Crew on the map, and how Rogow ultimately defended 2 Live Crew in the Supreme Court on another matter. Cardi B and other megastars have recently thanked 2 Live Crew for paving the way on the First Amendment's protection of their songs.

Mark Geragos, trial lawyer and fellow podcaster, discusses the Susan McDougal trials with host David Oscar Markus. In the 90's, Ken Starr was pursuing Bill Clinton. And anyone who got in Starr's way became a target. This included Susan McDougal, who refused to testify against Clinton because she believed that Starr was pressuring her to lie. Enter Mark Geragos, who was thrust onto the national stage with back to back trials involving McDougal -- one in state court in Santa Monica and one in federal court in Little Rock, Arkansas. The California case involved allegations of embezzlement from a famous conductor and his wife. But many believed that Starr was using this case as pressure to get McDougal to fold in the federal case. He miscalculated both McDougal and Geragos, who proceeded to trial in both cases, and won. Enjoy the discussion between two real trial lawyers -- Geragos and host David Oscar Markus -- who discuss the enormous risks clients face when taking on the government and their strategic decisions along the way.

Everyone knows of DeLorean cars, which were made famous in Back to the Future. What folks may not know is that the car's namesake -- John DeLorean -- was charged in two different federal cases in the 1980s. In one case in Detroit, he was charged with racketeering and embezzlement. Enter Juanita Brooks, who was one of the few women criminal defense lawyers to have her own practice at the time. Juanita is now known as the "jury whisperer" for her ability to convince jurors even in the most difficult cases. She did so here as well. Check out her strategies in jury selection through cross examination through closing argument as she discusses the case with fellow criminal defense lawyer David Oscar Markus.

Back in the 1970s, prosecutors started to go after what they deemed to be “obscene.” They went absolutely crazy when the movie Deep Throat was released. So they decided to arrest the projectionist, Richard Dexter, to send a message. Gerry Goldstein was a young firebrand lawyer who took on the case to trial and even all the way to the Supreme Court. Listen to him discuss all the twists and turns of the defense with host David Oscar Markus. 

Dr. Jack Kevorkian, also known as Dr. Death, was the center of debate at every dinner table – should a doctor be permitted to assist a patient in committing suicide if that's what the patient wanted because of excruciating pain and a terminal illness. Prosecutors in Michigan said no and went after Dr. Kevorkian, who turned to Geoffrey Fieger to represent him. Fieger sits down with David Oscar Markus to discuss the fascinating criminal cases and the moral implications of Kevorkian's actions. 

There's prosecutorial misconduct and then there's what happened in the case of Ali Sadr in the Southern District of New York. Sadr's lawyer, Brian Heberlig, sits down with David Oscar Markus at his White Collar Law seminar at the University of Miami School of Law to discuss the absolutely insane misconduct committed by federal prosecutors in this trial and what -- if anything -- can be done about it. 

John Gleeson has done it all. He's been a federal prosecutor. A federal judge. And now he's a criminal defense lawyer. Having seen the injustices in the criminal justice system, Gleeson started the Holloway project in which he and a team of lawyers are trying to free defendants who have been crushed by the system and minimum mandatory sentences. In fact, Holloway himself was a defendant that Gleeson sentenced when he was a judge. Gleeson and David Oscar Markus discuss this project, prosecuting John Gotti (who was represented by Albert Krieger), presiding over the Wolf of Wall Street case, and other fascinating stories.

The 1980s was the wild west of drug trials. And there was no bigger cocaine cowboy than Carlos Lehder, who co-founded the Medellin Cartel. Lehder turned to Edward Shohat to represent him in a 7-month trial in which the prosecutor, nicknamed Mad Dog, called 29 snitches. In this episode, the finale of Season 4, David Oscar Markus takes Ed through the sprawling trial and the crazy turn of events after the trial ends. 

DOJ's antitrust division has gotten crazy aggressive in recent months, bringing criminal cases with new theories never tested before in federal court. These new cases haven't done well, however. In a recent case alleging that 10 defendants agreed to fix prices for chicken, all defendants proceeded to trial. The jury hung as to all the defendants. In trial number 2, yet again the jury hung. Should the government get a third chance? The head of the antitrust division says yes because he is not part of “chicken shit club.” In this bonus episode, David Oscar Markus discusses these two lengthy trials as well as DOJ's aggressive tactics with Barry Pollack, one of the nation's top trial lawyers, who tried the first two cases.

Well-known Boston lawyer Douglas Brooks sits down with David Oscar Markus to discuss the Harvard Fencing Coach case, an off-shoot of the Varsity Blues prosecution. The college admissions process gives all applicants – and their parents! – stress. The U.S. Attorney's office in Boston charged over 50 defendants in the biggest college scandal of our time, which they dubbed Varsity Blues. Only a handful had the guts to go to trial, including the fencing coach at Harvard, who turned to Douglas Brooks to help him. In this bonus episode, David Oscar Markus speaks with Doug, his old college and law school buddy, about the incredible trial tactics that led to this amazing acquittal.

Season 5 starts off with a grand slam – Milton Hirsch, one of the country's finest trial lawyers, current judge, and David Oscar Markus' former partner, represented World Series MVP Pedro Guerrero in his federal trial in Miami.Too dumb to do the drug deal? That defense could never work, right? Wrong -- if your lawyer is Milton Hirsch, who beat the odds and won a federal criminal drug trial with the most unique of defenses. David Oscar Markus sits down with his former law partner to discuss the curveballs of this case that led to Guerrero walking. One note — the audio on this episode isn't great and we apologize. Other episodes don't have this issue.

David Oscar Markus sits down with former President Trump's lawyer, Todd Blanche, who has not yet spoken in detail with the media.Todd Blanche was a prosecutor in the Southern District of New York, prosecuting violent criminals in federal court. He then left for the oldest law firm in New York – Cadwalader. There, he quickly developed a reputation for being able to handle hot button cases, like Paul Manafort's and Igor Fruman's. Now, on his own, he is representing the former President of the United States. Although he is very reluctant to speak with any press, he sat down with David Oscar Markus for an hour in this entertaining back and forth to discuss the difficulties in representing a defendant in a politically charged case.

David Oscar Markus interviews legendary Jerry Lefcourt about one of the most important trials in American history, the Chicago 8 case.Jerry Lefcourt had recently been fired as a legal aid lawyer in the late 1960s when he got a call from Abbie Hoffman. They spoke all night at Hoffman's apartment. Hoffman told him “I'll start a revolution; you keep me out of jail.” And Jerry did just that. Take a listen to this fascinating discussion about Jerry's start to an awe-inspiring career. You'll hear about his battles with the judge, including getting sent to jail. Jerry is a wonderful storyteller and he and David have a lot of fun talking about this historic case.

David Oscar Markus interviews Lisa Wayne, the executive director of the National Association of Criminal Defense Lawyers, on her most recent trial win, for New Orleans district attorney Jason Williams.Progressive prosecutors have been pretty controversial around the country. The recently elected district attorney in New Orleans was no exception as he was indicted in federal court on 10 counts of tax fraud. Even prosecutors need criminal defense lawyers, and this one turned to one of the greats in Lisa Wayne. Listen to her and David Oscar Markus discuss how race, politics, and the media all played into this high profile case – Lisa's last before taking the reigns of NACDL.

David Oscar Markus interviews Matthew Menchel, one of the best trial lawyers in the country, on his acquittal for UBS banker Raoul Weil. The U.S. had enough with wealthy tax cheats hiding their money in Swiss bank accounts. So it decided to go after the foreign bankers to send a message, including Raoul Weil, one of the top executives at UBS. Enter Matt Menchel, who defended Weil in federal court. Matt sits down with David Markus in this fun episode to discuss the ins and outs of winning a complicated white collar case.

John Lauro is not sitting back in his defense of Donald Trump. Listen to him discuss his defense strategy with David Oscar Markus on this special episode of For the Defense.John Lauro is former President Trump's lawyer in the January 6 case in Washington D.C. In this interview with David Oscar Markus, he goes in depth on how he got involved in the case, his defense strategy, his media strategy, why he would represent Hunter Biden if asked, and lots of other interesting topics.

Barry Scheck put DNA evidence on the map during the O.J. Simpson trial and now runs the amazing Innocence Project.Barry Scheck, a titan of the criminal defense bar, sits down with David Oscar Markus to discuss high profile cases, exonerating the innocent, and the practice of law. He's one of the best and it shows.

Was it suicide or was it murder? Craig Albee sits down with David Oscar Markus to discuss whether Mark Jensen murdered his wife with antifreeze or whether she committed suicide.Craig Albee is the federal defender in Wisconsin. And he's tried lots of cases. But nothing like this one, which has led to books, movies, and of course, podcasts. Known as the "letter from the grave" case, Julie Jensen wrote a letter shortly before her death saying that if she turned up dead, her husband "would be my first suspect." Albee and the defense said that this was just a set up and that she actually committed suicide. Check out the wild twists and turns of these multiple murder trials as David Oscar Markus explores the strategies with Albee for defending a man accused of murder.

In the Season 5 finale, partners Margot Moss and David Oscar Markus discuss their successful representation of Mayor Andrew Gillum.Mayor Gillum was a hairbreadth away from being Florida's Governor. Had the FBI not started and leaked an unjustified investigation, he would have won. But once they did so, they kept the target on Gillum's back, eventually charging him with 19 counts in federal court in Tallahassee. Enter Margot Moss and David Markus. They discuss how they prepared and tried the case before an antagonistic judge.

In this bonus episode, Michael Schachter and Randall Jackson sit down with David Markus to discuss their amazing acquittal of Tom Barrack in federal court in New York.Tom Barrack, a close friend and advisor to Donald Trump, was charged with being a foreign agent for the UAE. The so-called FARA violation is the new hot charge by DOJ. Enter Michael Schachter and Randall Jackson who tried the case and discuss their trial strategy with David Oscar Markus.

In this bonus episode, Judge Nancy G. Abudu – the newest judge on the Eleventh Circuit Court of Appeals – joins David Oscar Markus for an open discussion about her career, the confirmation process, and the Court itself.Almost all appellate judges served as lower court judges and bring that experience with them to the appellate bench. But Judge Nancy Abudu's path was quite different. In this bonus episode of For the Defense, Judge Abudu discusses her unique path, as well as why that professional and personal diversity is so important to the bench. You'll also hear how down-to-earth and humble she is, how she spends her free time, a little about her first few opinions on the court, and more.

In this bonus episode, Judge Kevin Newsom joins David Oscar Markus for an open and wide-ranging discussion about being a judge on the 11th Circuit, legal writing, and even a recent health scare. This bonus episode of For the Defense with the affable Judge Kevin Newsom and David Oscar Markus (they were law school classmates) continues to explore what it's like to be a federal judge and what makes these judges tick. As you'll hear, Judge Newsom is super smart, approachable, and down to earth. We will also discuss why he concurs with his own opinions, what he believes the role of judging is, how he got his start, and lots more.

Todd Blanche, counsel to former President Donald Trump, joins David Oscar Markus to discuss the New York trial of People v. Trump.Todd Blanche, the first guest to appear twice on For the Defense with David Oscar Markus, discusses everything from the war room to Melania Trump not appearing at trial to getting into it with Michael Cohen and everything in between in this in-depth and free flowing interview about the trial of the century involving the former President of the United States, Donald Trump.

CNN's Kaitlan Collins joins David Oscar Markus and his University of Miami class to discuss everything from covering high profile trials to how to examine a difficult witness. As criminal defense lawyers know, cross examining witnesses is one of the hardest things to do. There's a lot to be learned from journalists who do it live on the air with difficult politicians. And Kaitlan Collins is one of the best at doing it, facing off on a nightly basis with skilled speakers who have an agenda. In this episode, David and Kaitlan discuss how she prepares for her these interviews as well as lots of other interesting topics -- from cameras in the courtroom to how she got her start and so on. This podcast episode is a recording from David's White Collar Law class at the University of Miami School of Law.

Judge Andrew Brasher joins David Oscar Markus to discuss all things Eleventh Circuit.Judge Brasher joined the 11th Circuit Court of Appeals when he was 39 years old. Having clerked for Judge William Pryor and worked as the Alabama Solicitor General, he is part of the well-known Judge Pryor “judging tree,” along with Judge Kevin Newsom and others. He discusses how he navigates being on the same court with his mentor and former boss, his philosophy on legal writing, and how he hires his law clerks. We also discuss some of his recent criminal law opinions.

Sean Hecker, of Hecker Fink, joins David Oscar Markus to discuss the trial of Barclays trader Robert Bogucki.How do you explain complicated FX trading to a jury? How do you try a case on the other side of the United States, far from home? How do you try a case with a large team? Join David Oscar Markus as he interviews his friend and amazing lawyer Sean Hecker about the fascinating case of Robert Bogucki, which was also discussed when David previously interviewed Judge Charles Breyer who presided over the case.

Florida International University School of Law hosted Phil Hubbart and David Oscar Markus for a discussion about Hubbart's book, From Death Row to Freedom: The Struggle for Racial Justice in the Pitts-Lee Case.The podcast is lucky to host Phil Hubbart this week, a living legend in the 3-0-5. He revamped the public defender's office and was an appellate judge. He recently wrote a book about one of the most riveting cases in Florida history, State v. Freddie Pitts and Wilbert Lee, two Black men who were wrongfully charged and convicted of the murder of two gas station attendants in Port St. Joe, Florida in 1963. Listen to Hubbart discuss how he got involved in the case and worked for over 10 years to get them exonerated.

Chris Morvillo of Clifford Chance sits down with David Oscar Markus to discuss the long and amazing saga of his representation of Mike Lynch, the CEO of Autonomy.Mike Lynch was dubbed the British Bill Gates. Then his world came crashing down as he was charged in federal court with fraud for what the feds described as a massive scheme to trick HP into buying Autonomy for more than it was worth. Lynch turned to Chris Morvillo, Brian Heberlig, and Reid Weingarten. Join David and Chris as they discuss this incredible against all odds story.

David Kendall sits down with David Oscar Markus to discuss the impeachment trial of President Bill Clinton.Independent counsel, impeachment hearings, infidelity. No, we aren't talking about Donald Trump. Instead, we head back to the late 90s to discuss David Kendall's incredible representation of President Bill Clinton. The high stakes showdown between Kendall and independent counsel Ken Starr was must-see TV, and we get into the fascinating stories from that era in this episode of For the Defense.

A first for the podcast -- the former Attorney General, Alberto Gonzales, joins David Oscar Markus to discuss prosecutorial independence. Alberto Gonzales and David Oscar Markus discuss the job of a prosecutor, whether prosecutors should be appointed or elected, whether governors should be permitted to fire prosecutors and other pressing ethical questions of the day.

The Season 6 finale is a doozy – featuring Howard & Scott Srebnick, who discuss the high profile trial of Michael Avenatti with David Oscar Markus.Michael Avenatti was a modern day Icarus. He had everything going for him, so what happened? Howard & Scott Srebnick represented him in the infamous Nike prosecution in which Avenatti is accused of extorting Nike. Listen in as David Markus interviews the brothers about the fascinating case of Michael Avenatti.