• Donna Rotunno for Harvey Weinstein
    Oct 27 2020

    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.

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    1 hr and 3 mins
  • Roy Black for Luis Alvarez
    Nov 3 2020

    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 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

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    1 hr and 10 mins
  • Thomas Mesereau for Michael Jackson
    Nov 10 2020

    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.

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    1 hr and 28 mins
  • Martin Weinberg for Bill Moran
    Nov 17 2020

    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.

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    1 hr and 12 mins
  • H.T. Smith for Aubrey Arthur Livingston
    Nov 24 2020

    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 "Old Sparky," the electric chair in Florida used to inflict the ultimate punishment. Smith fought two trials and an appeal all the way to the Florida Supreme Court as the only barrier between his client and electrocution.

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    1 hr and 24 mins
  • F. Lee Bailey for Sam Sheppard
    Dec 1 2020

    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.

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    1 hr and 3 mins
  • Hank Asbill for Gov. Robert McDonnell
    Dec 22 2020

    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.

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    1 hr and 39 mins
  • Alan Dershowitz for O.J. Simpson
    Jan 26 2021

    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.

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    1 hr and 7 mins