The Yellowstone CLE: Can the Dutton Family Get Away with Murder?
The final season of Yellowstone contained murder and mayhem including the death of Governor Dutton. In this engaging and entertaining presentation, we will watch film clips of the final season and determine whether any criminal offenses were committed, the nature of these crimes, and any possible defenses. Further, we will discuss the importance of the medical examiner’s testimony in a homicide or wrongful death case. We will review the conduct of Beth Dutton and Rip Wheeler to determine whether the police have probable cause to charge anyone with a criminal offense after the deadly fight at Jamie Dutton’s home. Whether or not you are a fan of Yellowstone, please join me for a discussion of the legal issues raised in the last season of this classic series.
The Karen Read Acquittals: Ethics, Police Credibility and the Brady list
In the early morning hours of Jan. 29, 2022 after drinking at various bars Karen Read and her boyfriend, Boston Police Officer John J. O'Keefe went to the home of Boston police officer Brian Albert. After arriving during a snowstorm, John Okeefe exited the car and was never seen alive again. Karen Read indicated she left after John entered this home. When John did not return home, Karen Read returned to the Albert home and found John’s dead body in the snow. The State charged Ms. Read with second-degree murder and manslaughter claiming she murdered him with her car. The defense alleged the investigating officers were biased, Karen was framed and O’Keefe was killed inside the home. The lead investigator, Trooper Michael Proctor was fired based upon inappropriate text messages about Ms. Read. In this presentation we will examine the State’s ethical obligation to disclose a police officer’s bias and prior bad conduct by keeping a Brady list of officer misconduct. Further, we will review cases of police officer misconduct to determine if the prosecutor is ethically required to disclosed it. Finally, we will examine the conduct of officers in this case to determine if that conduct would be Brady listed.
The Alec Baldwin Trial: A Prosecutor’s Ethical Duty to Disclose Exculpatory Evidence
During trial, the defense claimed that the State was hiding exculpatory evidence and moved to dismiss the indictment for a Brady violation. One of the prosecutors resigned over this allegation and the court then held an evidentiary hearing on this motion. After hearing arguments of counsel, the trial court dismissed the indictment for a Brady violation. In this presentation we will examine the Brady Rule and the ethical rules that the prosecutor must follow regarding discovery including Rule 3.8 Special Responsibilities of a Prosecutor and Rule 3.4 Fairness to Opposing Party and Counsel. We will watch film clips of the Baldwin trial and discuss whether this indictment was properly dismissed. Further, we will review other cases where prosecutors withheld evidence and disciplinary cases where prosecutors were sanctioned for withholding evidence.
Courtroom Technology and the Visual Trial:
The Rust Shooting
Hannah Gutierrez Reed, the armorer of the film “Rust” was found guilty of Involuntary Manslaughter for the 2021 on-set fatal shooting of cinematographer Halyna Hutchins. Alec Baldwin fired the fatal bullet believing that the gun was a cold gun and did not contain live ammunition. At Ms. Reed’s trial the prosecutor relied on visual evidence, film, pictures, and visual enhancements to prove that Ms. Reed’s reckless conduct caused the death of Halyna Hutchins. Jurors crave visual evidence and studies indicate that the human brain quickly processes visual information and that we retain sixty percent of what we see and only ten to twenty percent of what we read and hear. In this presentation, attendees will watch film clips of this trial and learn evidentiary foundations to admit visual evidence and to successfully display this evidence to the jury. The goal of this presentation is for attendees to understand the benefits of using visual evidence and obtain technological skill to seamlessly present this evidence in court.
Ethics, Jury Misconduct, and Jury Tampering:
The Murdaugh Motion
for a New Trial
Richard “Alex” Murdaugh was convicted of Murder and he filed a motion for new trial alleging that the clerk of courts tampered with the jury by advising them not to believe Murdaugh’s testimony and pressuring them to reach a quick guilty verdict. After an evidentiary hearing where a juror indicated they were influenced by the clerk to return a guilty verdict, the judge overruled the motion finding that there was insufficient evidence to overturn the jury’s verdict. In this presentation, we will examine the Murdaugh case, Ohio law on jury misconduct, and how the State can respond to allegations of juror misconduct to prevent a reversal of a conviction or the granting of a motion for new trial.
The Alec Baldwin Shooting: Homicide or Accident?
On October 21, 2021, Alec Baldwin shot and killed cinematographer Halyna Hutchins while rehearsing a scene for the movie Rust. Alec Baldwin was charged with Involuntary Manslaughter. Critics argue that charges should not be filed since Baldwin believed the gun did not contain live ammunition. In this presentation, we will discuss the screening process in criminal cases and civil cases. Attendees will discuss charging decisions, factors to consider, the evidence supporting the Baldwin charges and the State’s two theories of criminal liability. The goal of the presentation is for attendees to review the evidence including film clips relating to the charges and determine whether the prosecutor made the correct charging decision. We will be discussing Rules of Professional Conduct 3.8, regarding a prosecutor’s ethical duties to have probable cause and Rule 3.1 regarding an attorney's ethical duty not to file frivolous.
Learning Litigation Skills From
“Where the Crawdads Sing”
Where the Crawdads Sing is a novel that has sold over 15 million copies and has been created into a best-selling movie. In this murder mystery Catherine "Kya" Clark is accused of murdering Chase Andrews after their relationship ended. We will examine the trial by reviewing clips of this movie and discussing the trial tactics by the prosecutor and defense. We will determine whether a motion to suppress would have been successful in this case. We will learn litigation skills by reviewing the opening and closing arguments, the direct and the cross-examination of various witnesses and the alibi defense. Attorneys will learn ten tips on how to deal with difficult clients. Finally, attendees will examine why Kya did not report a sexual assault to the police and whether this failure to report is common in today’s society. The goal of this program is for attendees to learn litigation skills while discussing this amazing story.
The O.J. Simpson Trial: Attorney Blunders,
Bungles and Bloopers –
PLUS Amazing PowerPoint Trial Tips
Every attorney in their career makes mistakes. However, good attorneys will learn from their mistakes and the mistakes of others. George Washington once said, “To rectify past blunders is impossible, but we might profit by the experience of them.” In this seminar we will look to profit from the blunders of other attorneys. We will review the O.J. Simpson trial and other trials, both real and reel (film clips) to determine errors that attorneys made both inside and outside the courtroom and how we can learn from those mistakes. We will review blunders related to technology, courtroom demonstrations, expert testimony, pretrial preparation, pleadings, cross-examinations, and arguments of counsel. Further, Marcine Supelak, an award-winning professional graphic designer, will explain how to create the perfect PowerPoint for trial that will impress both judge and jury. We will also review cases where courts have reversed verdicts because of the improper use of PowerPoint.
The Tiger King Trial - Murder for Hire
The Prosecution of
Joseph Maldonado-Passage
Tiger King was the number one rated show on Netflix drawing over 34 million viewers in its first 10 days. However, the documentary reveals only part of the story. In this interactive presentation attendees will learn the complete story of the trial of Joseph Maldonado-Passage for two counts of Murder for Hire in violation of 18 U.S.C. 1958 (a) and several misdemeanor wildlife offenses. We will examine the trial testimony and discuss the prosecution attempts to use other acts evidence to show other attempts to solicit a hit on Carole Baskin, their attempt to protect the identity of the undercover FBI agent, and their efforts to prevent the defense from introducing evidence that someone else had committed these offenses. Attendees will review defense attempts to dismiss the indictment, prevent the joinder of misdemeanor offenses with the murder charge, and prevent the introduction of evidence. We will discuss the strength of the government’s case, possible defenses such as entrapment, defense strategy at trial, and the issues raised on appeal. The goal of this seminar is to learn various criminal rules, evidentiary rules, case law, defenses, and trial strategy while reviewing this fascinating trial.
Battling Gender Bias: How Bill Cosby and Other Sexual Predators Escape Punishment
Bill Cosby victimized nearly sixty women and was convicted of sexually assaulting Andrea Constand and sentenced to prison. However, the Pennsylvania Supreme Court reversed his convictions indicating he could not be tried again. In 2006 the FBI did an extensive investigation of Jeffrey Epstein and found that he had sexually assaulted 37 girls, some as young as 14, and prepared a 53-page indictment. However, Epstein was never charged in federal court and pleaded guilty to state charges where he served only 13 months in jail with work release. In this presentation we will discuss the Epstein and Cosby prosecutions and other cases where the legal system protects the predator and not the victims. Further, we will discuss why this occurs, how to prevent these miscarriages of justice and what steps we can take as lawyers to ensure that the legal system treats victims of sexual assault with dignity and respect.