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tv   [untitled]    September 25, 2011 8:30pm-9:00pm PDT

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i always wanted to say that. [laughter] >> and mary is the author of a book about "to kill a mockingbird" that a she wrote last year, "scout, atticus and boo," and she's directed and produced a film about "to kill a mockingbird." we're going to watch a clip from that in just a moment. next, we have john j. osborn. if you went to law school, the one book you would have read before going to law school was "the paper chase," and this is a book that john j. osborn wrote. has really become a classic. and it, of course, spawned an oscar-award winning film, same name, and also a television series.
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he's also written an incredible article about "to kill a mockingbird," so we're going to ask him about that. next we have paulette frankl. and paulette is a courtroom sketch artist. now, how cool is that? that's a pretty cool job, and she spends a lot of time in the courtroom and that's how she came across tony serra. and she spent 17 years, 17 years compiling the incredible book that she's put together that just came out and is called "lush for justice," and it's a book of incredible illustrations, artwork as well as a narrative. and right next to her we have tony serra, and tony serra is the most prolific trial lawyer of our times. he's tried more cases than any other living lawyer.
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if you ever had a chance to see him in court, it's just a sight to behold. it really is. we're so grateful that he could be here today. he's trying a triple homicide case right now in oakland. he has a jury out waiting. you may get called away but we're hope you're able to stay for the panel. finally, we have sheldon siegel. and sheldon siegel is a corporate lawyer who has written a series -- i think seven books now, a fictional criminal defense attorney named mike daley who actually lives here in san francisco. and he's written a series of books and these becomes have been shown and transcribed and read throughout the world. so we're going to start now with a clip, a video clip and
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then we're going to go to the panel. >> i think it is our national novel. if there was a national novel of week, this would be it for the united states. i think it's the favorite book of almost everybody you meet. >> the first time in my life that the book had sort of captured me. that was exciting. i didn't realize that literature could do that. >> i remember reading a copy of my aunt's in jamaica queens.
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it was the first book ever written by a white writer that discussed racism in ways that was complicate and sophisticated. -- complicated and sophisticated. >> a touchstone in american literary and social history. it's a story gently tugged at the issues of racism. >> she was a champion of people who helped us get liberated from racism in this country. >> harper lee's first and only novel. >> a masterpiece is masterpieces not because they're flawless but because they tap into something essential to us, at the heart of who we are and how -- >> a masterpiece and a mystery. >> of course, one kept hoping and waiting for the next novel. sadly, that never came. >> i cannot imagine what drove
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harper to silence. >> thank you. i prefer to pass. >> what did you say? >> well, i have nothing relevant to say concerning the case. however, when i have something relevant to say i shall raise my hand. >> stepped on you.
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>> serious doubt about your becoming a mother. [laughter] >> you are a son of a bitch. >> scout, that's the most intelligent thing you have said today. now, take your seat.
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>> the greatest counterculture lawyer of all-time. his trials have garnered him acclaim as one of the greatest criminal defense lawyers of all century. he's the white tornado in court, the semantic samurai, a shaman, a trickster by others, "lush for justice "by tony serra is a no holds bar description of a man, his belief and the legal system he serves and transforms. filled with murder, drugs and death penalty cases, snitches, the psychological elements of
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crime, the nullification of and nexus with juries, closing arguments and more. "lust for justice" gets the black robe off the justice system to review what it is, a railroad for prison for minorities. author, artist, paulette frankl followed tony serra in and out of the courtroom for more than a decade to capture in words and images this man who embodies justice and drama at their best. in "lust for justice" you view the law of one of the greatest practitioners and you'll never look at it the same way again. >> the oldest man on death row is eyeing me from his wheelchair. despite his frail appearance, his baratone is still forceful. walking to the row, mr. daley.
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he says to me. we need your help. we're running out of time, over 850 inmates is awaiting for lethal injection in california. every one of them is running out of time. thank you for coming in on short notice, he continues. did you have any trouble getting inside? nothing out of the ordinary, i tell him. i think sometimes, it's harder for lawyers to get into san quentin than it is for clients to get out. it took hours to pass the two metal detectors before i was stuck in a six-by-six-foot wall covered with plexiglas. the death row visitor's area is a stone's throw from a little green chamber which the state of california has its execution. they pass the time going about the monday and the business about incarcerated while their lawyers try to prolong their lives.
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>> the second panel. this panel is going to be incredible. it really is. we have a superstar panel and, of course, a superstar moderator that i'm very honored to introduce, and that's judge lee
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baxter. and judge lee baxter is retired now from the bench, although you would never know it. and she's enjoying a new career as a photographer, is a great photographer. but during the time that she was on the bench in san francisco, we had the opportunity to try cases in her court. and she was somebody who represented fairness to everyone. and i think some of the ideals that we talked about in the last panel really were embodied by the way that she ran her court. and at the end of the day it was always about making sure that whoever appeared in her court and before the court walked out of there feeling that they had their case heard and their concerns heard. so, again, judge lee baxter, retired from the san francisco superior court bench.
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[applause] >> thank you for your kind words. i have been away for a while, but i certainly enjoyed my time on the bench, particularly at the hall of justice. i love the community of attorneys there and the community of judges. i'm glad to be back today. i'm also very delighted and honored to be participating in our fabulous panel which i will introduce you to in just a few minutes. before we begin, though, i wanted to say a quick few words about a tony serra story. i don't know if tony is still here or not. he probably is not. but i did want to tell you about this because i think it's important because it embodies something about tony that maybe you don't know. and maybe he'll watch the video of this and hear what i have to say. i was appointed to the bench in
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1987, and i was assigned to a misdemeanor trial court, civil, actually. the very first trial, jury trial, that they sent to me was a simple assault misdemeanor case. and when the attorneys -- when i found out who the attorneys were, i was absolutely blown away because i had a district attorney -- it was not a civil case, by the way. i had a district attorney who was very, very inexperienced. i think he had had two jury trials at that point. i had had none. and lo and behold tony serra walks into my court representing the defendant. i couldn't imagine why he was there for a simple misdemeanor assault case, but he was. and i thought, boy, this is just my luck. here i've got this famous tony serra, he's renown, he's in the press all the time, he has had a
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movie made about him, and i bet he's an arrogant jerk, and i get him. first trial he's going to make me look really bad. and this poor d.a., we're just going to look terrible. well, lo and behold tony serra comes in. he's a wonderful gentleman. he's gracious. he knows i've never tried a case to a jury. he knows that the d.a. has tried two cases to a jury. he guided us through this trial. he put on a fabulous show, as is his want, which was instructional and very, very interesting. he never took advantage of my inexperience or the d.a.'s experience. and by the end of the day when that trial was over -- of course, he won. but nobody on that jury would have ever suspected that i had
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never tried a case to a jury or that the d.a. had not had any experience, virtually, either. so i have always wanted to thank tony serra for making me look really good my first jury trial. i had thanked him all my life. and i will never forget that trial. [applause] but let's get back to the issues at hand. well, it happened again this morning. when i read "the chronicle." it seems like it's an epidemic, but maybe it just appear that way. of course i'm talking about the many allegations of police officer abuse and misconduct that we have been reading in the papers recently, along with, of course, misconduct by former
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governors and monetary fund honchos. but i divert. first, i think the first real scandal that broke several months ago was the theft of drugs from the police department drug lab. then we had the raiding of residential hotel rooms without search warrants. these, of course, are all allegations. we had lying on police reports. surveillance camera videos showing officers removing items from hotel rooms other than evidence that they were going to put into their report. we had drug theft by officers. we had the so-called dirty d.u.i.'s, the drunk driving setups. we've had officers selling stolen drugs. and the one that just beats all is the one of setting up a brothel.
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now, if i saw a movie that included all of these things in a movie, i would think, well, this is not realistic. it just doesn't happen this way. but apparently it does. so today we're going to talk about the ethics of law enforcement, prevent ago boose of power -- preventing abuse of power. i wanted to read to you a letter to the editor that i happened to run across in the chronicle the other day when i was thinking about this panel. i just want to read it to you. it's entitled "betrayal of trust in the san francisco police department." my thoughts were just those of unbelief after reading your story "new video slap for san francisco cops." it is undeniable that our rights under search and seizure laws must be protected. but cops that blow cases by
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violating these rights should lose their jobs and be prosecuted themselves. i hope new chief greg suhr follows through on his promises to clean up the san francisco police department that betrays the trust put in it when it pulls stunts like this. so, what happens when those we think are protecting us from criminal activity become the criminals themselves? what is the mentality that causes this to happen? how much can a police department overcome such a betrayal of trust, public trust? so we're going to explore some of these issues today with our most imminent panel, all of them experts in their field. and we are very fortunate to have them all here. let me introduce you first to stuart hanlon, at my immediate
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left. stuart is a defense attorney of great renown. he has over 30 years of experience, including some of the country's most high-profile cases. including cases involving police and official misconduct. next to him is our san francisco police chief, greg suhr, newly appointed to that office last month. congratulations, chief. >> thank you, your honor. [applause] >> chief suhr has surfed in the department for 30 years. and as chief he will be overseeing a department of 1,800 police officers. next we have peter herley who is now acting as police consultant.
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he is the former chief of police of tiburon and the former president of the california police officers association. next to mr. herley is sharon wu, the chief assistant of operations in the district attorney's office. she oversees the criminal division, including the victim witness program and the alternative dispute courts. anne irwin is an attorney in the public defender's office. ms. irwin was recently involved in several of the cases involving the videotaped evidence which resulted in the dismissal of over 90 cases. you've read about those in the newspaper. and finally, we have civil rights attorney john burress. he specializes in civil actions brought against police officers
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for abuse of power, brutality, and wrongful death. let me remind the audience that we will have a brief q&a at the end. if you want to ask a question, just raise your hand. you'll get a card from the usher. and you can ask your question. and if you would like to address it to a particular panel member, you can do that as. i believe we are going to have a video now. it is movie time. >> this was recorded on a cellular phone by a witness who did not want to be identified. he was pulled on to the ground, face down. there was a struggle.
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the officers were neck and neck. those of few feet away watched it all happened. >> this is putting cases in jeopardy. >> she is a longtime employee now suspended. she was supposed to be watching over evidence. tonight, and narcotics cop is being accused of selling drugs. the workbooks in it -- they were booked in martinez this morning. >> norman wells was a very high- ranking narcotics commander. they are accused of more than 20 counts including conspiracy and selling marijuana and steroids.
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>> i feel like i was very much violated. >> also, juveniles and the neighborhood were put in handcuffs themselves. he was in the the raj, when an officer tried to take -- garage. >> the public defender's office says the video is so damning, one of the officers had to cover the lens. narcotics officers said they received permission to search two suspects' rooms, but the video tells a different story. >> without a warrant, without knocking, they burst into the room, all four officers, and then later lied in in a police report. >> the first incident in
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december showed the police officers were using a master key to open the door. they were given permission for the search afterwards. both defendants say one officer cover the camera when he and the three other officers forced their way into the suspect's home. add the public defender asked to have one case on the stand in court. they're already digging into this case. >> well -- [laughter] let's discuss this issue. how and why does the abuse of power occurred? i am going to be directing most of my question to specific panel
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members. however, if other panel members would like to weigh in on one of the questions, and particularly if you disagree, please feel free to interject what ever you would like to into the discussionstuart, -- into the discussion. stuart, i am going to start with you today. u.s. had 30 years of experience at least. are we seeing the most extreme cases of alleged police misconduct, or have you found the incidence to be pervasive? what is your experience in this? >> i started as a lawyer working on the case but geronimo pratt, a black panther case.
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that ended up after 27 years to be proven. and we have learned that law enforcement' officers had good evidence or statutory evidence, let people commit perjury, said in the room and -- sat in the room to destroy evidence to convict someone who was innocent. and that is how i started my career as a lawyer. when i started that case, i began thinking this was a big conspiracy to frame this man. what i learned is -- and i discussed this with geronimo -- we are experiencing men and women who thought the end justified the means. they thought they had a bad man and it was ok to do anything necessary to convict him. as i look back on my career,
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present and future, i think we see that that is the concept that runs through police misconduct. i am sure there are officers who were just bad, let's say. i think officers see what they consider bad people, and they feel like they have to do what ever it takes to convict them. and i have seen it when i was a young lawyer, when we had narcotics teams, we would get clients to said they arrested me with $20,000 and they said i only had $10,000. and we knew there were telling the truth. it i have seen it with law- enforcement officers in the case where a rogue cop shot a young girl, and the four other officers were all good men.
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remember -- you talk about misconduct, but primarily -- i want to get back to this -- most law enforcement people i have grown to know in my career are good and i think want to do the right thing. in this case, i am talking about now, in the middle of a cross-examination, this good cop was lying or not telling the truth to protect this bad cop, who they knew was bad. i said -- what are you doing? and he said to me, what do you want to do? and it was this dilemma. he said he was a good policeman. but this concept of "we do what we need to get done" is combined with protecting each other, because it is bus against them. you see it. you continue to see these cases of searches.
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these policemen do not think -- the people in pacific heights, they think it is okay to break down their door, because they are drug dealers or drug users. the problem we are seeing is the community loses faith in the police department. when we do not have faith and in the police department -- whether it is the judge or the court -- we all lose. these recent events, they are certainly unusual in their occurrence, and one after another. but i think there is something, if we were all on this year, we would say we had been here for awhile. -- if we were all honest here, we would say we had been here for awhile. if you look to the person to your left and to your right, he and i are friends, and we got to know each other