Claim OwnershipFor the Defense with David Oscar Markus
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David Oscar Markus, a Miami trial attorney has been called “a reincarnation of the old school criminal defense lawyer” and has represented clients from the head of the Cali Cartel to Fortune 500 companies and their CEOs. David has partnered with rakontur, the lauded storytellers behind Cocaine Cowboys, The U and 537 Votes, on the podcast, For the Defense.
The podcast focuses on the work of the least-respected but perhaps the most important profession in America: the criminal defense attorney. In each episode, Markus will interview a top criminal defense lawyer about one of their most gripping trials.
Sadly, the criminal defense trial lawyer is a dying breed. The Feds have manipulated the system -- which was founded on the idea of trial by jury -- to force almost everyone (occasionally including the innocent) into pleading guilty to avoid trial. If you dare to go to trial, you risk going to prison for decades longer than had you surrendered and pleaded guilty. The system has shifted from valuing and encouraging trials to punishing those who dare exercise their constitutional right to have a jury decide their guilt. In the 1980s, over 20% of cases went to trial -- now less than 3% do so.
Having tried cases all over the United States, Markus is well-positioned to speak to other leading criminal defense lawyers in the country and explore with them the decision they made in a high-profile case to proceed to trial, including their trial strategy, the risks involved, and the clients themselves.
The podcast recently concluded Season 5. It has broken news, achieved industry-wide accolades, and is the go to listen for trial lawyers around the country.
CONTACT: info@rakontur.com, DMarkus@markuslaw.com
The podcast focuses on the work of the least-respected but perhaps the most important profession in America: the criminal defense attorney. In each episode, Markus will interview a top criminal defense lawyer about one of their most gripping trials.
Sadly, the criminal defense trial lawyer is a dying breed. The Feds have manipulated the system -- which was founded on the idea of trial by jury -- to force almost everyone (occasionally including the innocent) into pleading guilty to avoid trial. If you dare to go to trial, you risk going to prison for decades longer than had you surrendered and pleaded guilty. The system has shifted from valuing and encouraging trials to punishing those who dare exercise their constitutional right to have a jury decide their guilt. In the 1980s, over 20% of cases went to trial -- now less than 3% do so.
Having tried cases all over the United States, Markus is well-positioned to speak to other leading criminal defense lawyers in the country and explore with them the decision they made in a high-profile case to proceed to trial, including their trial strategy, the risks involved, and the clients themselves.
The podcast recently concluded Season 5. It has broken news, achieved industry-wide accolades, and is the go to listen for trial lawyers around the country.
CONTACT: info@rakontur.com, DMarkus@markuslaw.com
42 Episodes
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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 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
1There 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 "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.
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, 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 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 rakontur are the producers of 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.
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