DEFENDING THE WRONGLY ACCUSED: A CASE STUDY

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Photo of a Smith & Wesson Moderl 64 Revolver
The death weapon was a department issue Smith& Wesson Model 64 .38 Special service revolver.

A cop fires a fatal shot to stop a gunman from killing him and his young rookie partner. A riot ensues.  A scapegoat is needed. The cop is charged with Manslaughter and brought to trial.

I was proud to have a part in his acquittal, as an expert witness for the defense.  David Oscar Markus, a noted Federal defense attorney, now has a podcast called “For The Defense,” and in this segment interviews the famed Roy Black, who led the defense along with his very able co-counsel, Mark Seiden.

Click the link you’ll find there to the chapter in Roy’s book “Black’s Law” where he goes into the details of that difficult case more deeply.

The trial in question took place in 1984. You’ll see some striking parallels to more than one case in today’s headlines.

16 COMMENTS

  1. Glad for attorneys like Roy Black, as well as Alan Korwin, whose latest page on Gun Rights in American Handgunner is entitled “Black Lives Won’t Matter–and Neither Will Your Guns.” Alan expounds expertly on the threat from the Orwellian, Joe Biden-promoted H.R. 5717 demolition of the traditional benefits of the 2nd Amendment. Time to do everything we can to support a fair and just election count, as well as to fund whatever other legal remedies that can be applied. Forward strides are being made this week, and a positive, active attitude is essential. May God help American firearms owners from being hamstrung worse than the citizens of Canada or Mexico. Lived in both countries, saw it, you don’t want it!

    • One might suppose that a Supreme Court priority would be to insure that the Court does everything that it legally can to insure that each each Presidential candidate will receive appropriate measures of LEGAL votes. Reports SUCH AS those of dark-of-night deliveries of huge stacks of one-office ballots (MI), or of statements by election staff to voters arriving to vote in-person that the very voters’ unused mail-in ballots have already been acknowledged as received (my state, AZ), are highly unsettling. Not to mention general software and hacking issues. An election is something like baseball. As the Yankee Yogi Berra reportedly stated, “It ain’t over until it’s over.” Donald Trump is still gaining on an automatic recount in Arizona, for example, and could yet gain a majority.

  2. The press has failed us all. We have red press and blue press but what we need is a Sgt. Friday station…just the facts. I’ve seen CNN reporters verbally bludgeon interviewees to say what they wanted to. My admiration went out to a tough old western sheriff who they asked to comment on video obviously showing unwarranted police shooting. They hammered him, literally yelling at this guy but he kept saying it was just a video, we don’t really know what happened from it. They’ll vet people even a lot more to be sure of getting the party line.

  3. WOW. Just sat in the backyard and read this trial story. Amazing that the truth prevailed but so easily could have been disastrous not only for the police officer but the country. Blue Lives DO Matter.

  4. Enjoyed the podcast. Sitting and chatting about cases with Roy is always nearly amazing. Working with him on complex cases is as well. Send him an email at 4:42 a.m. with a new case he might find of interest; he will respond in 20 minutes.

    Also a great walk down memory lane for any attorney from old Miami.

  5. Fascinating reading! I wouldn’t worry much about efforts to ‘de-fund’ the police… After the next series of politically-motivated LEO prosecutions it won’t be necessary. It might, however, be a major challenge to find the next generation of LEO’s.

  6. Thanks Mas, great read.
    Most gun carriers haven’t taken your class and don’t understand the gauntlet they will have to run after a DGU.

  7. Very interesting read. Thanks for the article it held my interest like reading about the Miami shoot out. It stuns me how little some people hold integrity as a value in their lives.

  8. Thanks for the article Mas, enjoyed reading it.
    As of today, unless Trump has hard evidence of voter fraud, it looks like Biden will be our next president. Too bad as now the Democrats will really start pushing their socialist agenda and to eliminate or control all firearms.

  9. Successes, like the one in the Luis Alvarez defense, seem to be few and far between. The forces of Evil are truly ascendant in Today’s America. The forces of Evil always seem to have unlimited money and resources and they are totally lacking in scruples and morals. They constantly lie, cheat and “stack the deck” without giving it a second thought.

    Even when the defendant, fighting baseless charges, manages (by the skill of his attorney and a big slice of Good Luck), to secure his acquittal, very often his life is still ruined.

    Luis Alvarez’s law enforcement career died along with the criminal that he shot. He was very fortunate to be able to pick up the pieces. He went into private security work and was able to re-build a successful career in that area.

    Most are not so fortunate. Richard Jewell’s life was destroyed and I think it likely that the stress of the false acquisitions, against him, probably contributed to his early death. George Zimmerman’s life was destroyed and I don’t think that he has ever recovered. Darren Wilson’s life and law-enforcement career were destroyed as a result of the infamous Michael Brown shooting and the big “Hands up – Don’t Shoot” Media lie. It was destroyed despite his being totally vindicated in court (but not in the Kangaroo Court of the Anti-American Media).

    Even if they win in court, it is likely that the lives of the McCloskey’s will be forever tainted. The same thing for Kyle Rittenhouse.

    I can’t help but think of the Movie “Lord of War”. To the character of Yuri Orlov who was played by Nicolas Cage. His quote from this movie seems to be spot-on in describing Today’s America:

    “They say, ‘Evil prevails when good men fail to act.’ What they oughta say is, ‘Evil prevails.’ “

  10. Hi Mas,

    Following the Ferguson shooting of Michael Brown, the Miami Herald wrote an article on the history of office involved shootings in Miami. A clear indication of the Hearld’s bias can be seen in the article as the describe Alvarez’s shooting of an “unarmed” man at an arcade:

    “Courthouse observers predicted a win for Lozano. His lawyers were the prominent and eloquent Black and former cop Mark Seiden. The duo had just won the acquittal of Luis Alvarez, a Miami cop who fatally shot an unarmed man inside an Overtown arcade.”

    Read more here: https://www.miamiherald.com/news/local/community/miami-dade/article4317878.html#storylink=cpy

    You would think that the Miami Herald was never at the trial!

    • The man Alvarez killed was in the act of going for his gun, a stolen and fully loaded (with Hypervelocity Stinger rounds) RG14 revolver.

  11. Satan is eager to welcome to his dark domain the many liberals in America whose mission is to destroy our country and bring misery, and eventually doom to the world. But not too soon as they still have lots of work to do in the name of evil. There’s a slim possibility that The Donald could still pull a gigantic rabbit out of his hat and postpone the Communist conquest of the U.S.A. for four more years. If that’s not possible, then it’s up to good patriotic Americans to resist tyranny like their ancestors did over two hundred years ago.

    • My comment was a reply to TN_MAN’s post but for some strange reason came out as a new post so it seems out of place.

      • Liking the true news coming lately via the best Fox News reporters. Judge Jeanine still around on Saturday evening, Tucker Carlson and Hannity both appearing nightly to brilliantly fight the Mob Media propaganda machine, interviewing important guests who are applying useful leverage towards dealing with doubtful ballot practices. Texas’ documented rejection of the Dominion system for being vulnerable to hacking and general misuse is one strong case for a new vote where Dominion was used. The first Tuesday of May might be a practical final date for new elections? Good voting weather most places, gives ample time to prepare, with scheduling flexibility for snowbirds and other travelers.

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