Gerry Spence

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Gerry Spence
Gerry Spence.jpg
Born (1929-01-08) January 8, 1929 (age 95)
Laramie, Wyoming
Education University of Wyoming (BSL, LLB) [1]
Occupation(s) Lawyer, author

Gerald Leonard Spence (born January 8, 1929) is a semi-retired American trial lawyer and author. He is a member of the Trial Lawyer Hall of Fame, and is the founder of the Trial Lawyers College. [2] Spence has never lost a criminal case before a jury either as a prosecutor or a defense attorney, and did not lose a civil case between 1969 and 2010. [3] [4] He is considered one of the greatest lawyers of the 20th century, [5] [6] and one of the best trial lawyers ever. [7] [8] [9] [10] [2] He has been described by legal scholar Richard Falk as a "lawyer par excellence". [11]

Contents

Spence is recognized for winning virtually every case he has dealt with, [8] and for winning a number of well-known cases, such as Randy Weaver at Ruby Ridge, the Ed Cantrell murder case, the Karen Silkwood case, and the defense of Geoffrey Fieger. [12] He also defended Brandon Mayfield, [13] and carried out the successful prosecution of Mark Hopkinson as a special prosecutor. [14] [15] One of his most significant cases was the defense of Imelda Marcos, former First Lady of the Philippines and first governor of Metro Manila, in a racketeering/fraud case considered one of the trials of the century, [16] [17] which he won. [18] [13]

He has also won large million-dollar lawsuits against companies, such as $26.5 million in libel damages for 1978 Miss Wyoming Kim Pring against Penthouse in 1981. [19] He also won a $52 million lawsuit against McDonald's in 1984. [20] According to Spence, he has won more multi-million dollar verdicts without an intervening loss than any lawyer in America. [21]

He acted as a legal consultant for NBC in its coverage of the O.J. Simpson trial and appeared on Larry King Live. [22] He is the author of over a dozen books about politics and law, including The New York Times bestseller How to Argue and Win Every Time (1995), Win Your Case (2005),From Freedom to Slavery (1993), and Police State: How America's Cops Get Away with Murder (2015). [23]

Background

Spence graduated from the University of Wyoming in 1949 and from the University of Wyoming College of Law in 1952 and was first in his class. [24] He was awarded an honorary Doctor of Laws degree in May 1990. He started his career in Riverton, Wyoming, and later became a successful defense attorney for the insurance industry, winning many cases. [25] Years later, Spence said he "saw the light" and became committed to representing people instead of corporations, insurance companies, banks, or "big business." [26]

From 1954 to 1962 he served as prosecuting attorney of Fremont County, Wyoming.

Gerry Spence and his second wife, Imaging, share their time between their homes in Dubois, Wyoming, and Santa Barbara, California. Despite having homes in two different states, Spence has stated that he will "die in Wyoming." [27]

High-profile cases

Karen Silkwood

Spence gained attention for the Karen Silkwood case. [26] Karen Silkwood was a chemical technician at the Kerr-McGee plutonium-production plant, where she became an activist and vocal critic of plant safety, also known as a whistleblower. On November 13, 1974, Silkwood died in a one-car crash under suspicious circumstances after reportedly gathering evidence for her union. Spence represented Silkwood's father and children, who charged that Kerr-McGee was responsible for exposing Silkwood to dangerous levels of radiation. Spence won a $10.5 million verdict for the family.

In 1984, the Supreme Court of the United States upheld the family's right to sue under state law for punitive damages from a federally regulated industry. [28] The Silkwood case achieved international fame and was the subject of many books, magazine and newspaper articles and the major motion picture Silkwood starring Meryl Streep as Karen Silkwood.

Other cases

After the Silkwood case, Spence tried a number of high-profile cases. He has not lost a civil case since 1969 and has never lost a criminal case with a trial by jury. By 1980, he had dealt with around 50 murder cases, not losing a single one of them. [29] Despite his tremendous success, he has had several of his more prominent civil verdicts overturned on appeal and lost a 1985 manslaughter case in a bench trial in Newport, Oregon, in December 1985, later prevailing on appeal. [30]

He is known for taking up cases deemed to be unwinnable, such as the murder case of Joe Esquibel, who murdered his wife in front of multiple witnesses, yet Spence managed to gain his acquittal through reason of insanity. [31] [32] He gained the acquittal of Sandy Jones for the murder of Wilfred Gerttula, and had the manslaughter conviction of her son, Michael Jones Jr., overturned on appeal. [33] [34] [35] [36]

Spence successfully defended Randy Weaver on murder, assault, conspiracy, and gun charges in the Ruby Ridge, Idaho, federal standoff case, by successfully impugning the conduct of the FBI and its crime lab. Spence never called a witness for the defense. He relied only on contradictions and holes in the prosecution's story. Spence later wrote that he rejected Weaver's anti-Semitic beliefs, but took the case because he believed Weaver had been entrapped into committing a crime and furthermore that federal agents had behaved unconscionably in shooting Weaver's wife and children. [37]

In another case, Spence successfully gained the acquittal of a young janitor who had confessed to stabbing a woman to death. [8]

He gained the acquittal of Ed Cantrell in the Rock Springs, Wyoming, murder case, and he won the acquittal of former Filipino First Lady Imelda Marcos in New York City on federal racketeering charges.

Spence also defended Earth First! founder David Foreman, who in 1990 had been charged with conspiracy for an alleged plot to sabotage a water-pumping station. [38]

On June 2, 2008, Spence obtained an acquittal of Detroit lawyer Geoffrey Fieger, who was charged with making unlawful campaign contributions. Before returning a not-guilty verdict, the federal court jury deliberated 18 hours over four days. The acquittal maintained Spence's record of never having lost a jury trial in a criminal matter. [39]

In civil litigation, Spence won a $52 million verdict against McDonald's Corporation on behalf of a small, family-owned ice cream company. [40] A medical malpractice verdict of over $4 million established a new standard for nursing care in Utah. In 1992 Spence earned $33.5 million verdicts for emotional and punitive damages for his quadriplegic client after a major insurance company refused to pay on the $50,000 policy. [41]

Mock trial: United States v. Oswald

In 1986, Spence defended in absentia Lee Harvey Oswald, the deceased assassin of U.S. President John F. Kennedy, against well-known prosecutor Vincent Bugliosi in a 21-hour televised unscripted mock trial sponsored by London Weekend Television in the United Kingdom. [42] The mock trial involved an actual U.S. judge, a jury of U.S. citizens, the introduction of hundreds of evidence exhibits, and many actual witnesses to events surrounding and including the assassination. The jury returned a guilty verdict. Expressing admiration for his adversary's prosecutorial skill, Spence remarked, "No other lawyer in America could have done what Vince did in this case." [43] The "docu-trial" and his preparation for it inspired Bugliosi's 1600-page book examining the details of the Kennedy assassination and various related conspiracy theories, entitled Reclaiming History , winner of the 2008 Edgar Award for Best Fact Crime. [44] Several times in the book Bugliosi specifically cites his respect for Spence's abilities as a defense attorney as his impetus for digging more deeply into various aspects of the case than he perhaps would have otherwise. [45]

Tort reform activism

During the election season of 2004, Spence, a vocal opponent of tort reform, crisscrossed his native Wyoming spearheading a series of self-funded town hall-style meetings to inform voters of an upcoming ballot measure, Constitutional Amendment D, which would have limited Wyoming citizens' ability to recover compensation if injured by medical malpractice. The ballot measure failed, with a 50.3% "No" vote. [46]

Public interest and television work

For many years, Spence has lectured at law schools and conducted seminars at various legal organizations around the country. [47]

He is the founder and director of the non-profit Trial Lawyers College (now known as the "Gerry Spence Method"), where, per its mission statement, lawyers and judges "committed to the jury system" are trained to help achieve justice for individuals fighting "corporate and government oppression", particularly those individuals who could be described as "the poor, the injured, the forgotten, the voiceless, the defenseless and the damned". [48] Teachers at the school have been Richard "Racehorse" Haynes, Morris Dees from the Southern Poverty Law Center and John Gotti defense lawyer Albert Krieger. [8]

Spence is also the founder of Lawyers and Advocates for Wyoming, a non-profit, public interest law firm.

Spence served as legal consultant for NBC television covering the O. J. Simpson trial and appeared on The Oprah Winfrey Show , Larry King Live , and Geraldo . He briefly had his own talk show on MSNBC, which he hosted from his home in Wyoming.

Spence received the Golden Plate Award of the American Academy of Achievement in 1996. [49]

Later life

After winning the Fieger acquittal in 2008, Spence told jurors, "This is my last case. I will be 80 in January, and it's time for me to quit, to put down the sword." [50] In 2010, Spence was still listed as an active partner in the Spence Law Firm, located in Jackson, Wyoming, and continues to make public appearances. [51] Gerry Spence's next case, a civil suit for wrongful incarceration, ended with a mistrial in December 2012, when the jury could not come to a unanimous decision. [52] Per the cite to the AP story: "The verdicts Pratt read in court indicated jurors had found in favor of Larsen, Brown and the city of Council Bluffs on both major issues. The first issue was whether Harrington and McGhee's constitutional rights to due process had been violated. The second was whether the city had failed to adequately train and supervise the police officers. When the judge polled the jurors to ensure all agreed, three women said no." In October 2013, the AP reported that the suit was settled between the two parties four days before a retrial was scheduled to start. [53]

Spence was selected as a top lawyer by Super Lawyers between 2008 and 2022. [54] He received the first Lifetime Achievement Award from Consumer Attorneys of California in 2008. [55] [56] He also received the American Association for Justice's Lifetime Achievement Award in 2013. [57] [58]

Currently, Mr. Spence oversees The Gerry Spence Method program, which trains trial lawyers who represent injured people and people accused of crimes; no corporate or government lawyers are allowed to attend. [59] Gerry Spence is one of the longest-serving lawyers, having worked for over 70 years. [60]

Partial bibliography

Gerry Spence is the author of more than a dozen books, including:

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References

  1. ↑ Hubbell, Martindale (April 2000). Martindale-Hubbell Law Directory: Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, Puerto Rico & U.S. Territories (Volume 18 - 2000) . Martindale-Hubbell. ISBN   978-1-56160-376-3.
  2. 1 2 "Gerry Spence". Trial Lawyer Hall of Fame. Retrieved 2023-11-17.
  3. ↑ Archived December 31, 2010, at the Wayback Machine
  4. ↑ Carter, Terry (2008-06-02). "Spence's No-Loss Record Stands with Fieger Acquittal". ABA Journal. Retrieved 2023-11-16.
  5. ↑ Solovy, Jerold S.; Byman, Robert L. (1999). "The Timeless Litigator". Litigation. 26 (1): 12–18. ISSN   0097-9813. JSTOR   29760099.
  6. ↑ Uelmen, Gerald (2000-01-01). "Who Is the Lawyer of the Century". Loyola of Los Angeles Law Review. 33 (2): 613. ISSN   0147-9857.
  7. ↑ Gillins, Peter (1989-01-01). "Famed cowboy lawyer packs Oregon courtroom". UPI. Retrieved 2023-11-18.
  8. 1 2 3 4 Heath, Thomas (1995-09-06). "GERRY SPENCE, ATTORNEY AT LORE". Washington Post. ISSN   0190-8286 . Retrieved 2023-11-17.
  9. ↑ Solovy, Jerold S.; Byman, Robert L. (1999). "The Timeless Litigator". Litigation. 26 (1): 12–18. ISSN   0097-9813. JSTOR   29760099.
  10. ↑ Bennett, Mark W. (2014). "Eight Traits of Great Trial Lawyers: A Federal Judge's View on How to Shed the Moniker 'I Am a Litigator'". SSRN   2491035.
  11. ↑ Falk, Richard (2015-12-11). "Gerry Spence on America Menaced by Impending Police State". Global Justice in the 21st Century. Retrieved 2023-11-22.
  12. ↑ "The Legacy of Gerry Spence". www.spencelawyers.com. Retrieved 2023-11-16.
  13. 1 2 Levenson, Laurie L. (2015-09-14). "Gerry Spence and His Fight Against Power". Los Angeles Review of Books. Retrieved 2023-11-16.
  14. ↑ McCullen, Kevin (1992-06-11). "A 'REAL PEOPLE' LAWYER'S HARDEST CASE". Chicago Tribune. Retrieved 2023-11-16.
  15. ↑ Hoffman, Jan (1993-10-15). "A Triumph of One Man's Personality: The American Courtroom's Buffalo Bill". The New York Times . Retrieved 2024-10-29.
  16. ↑ Bareng, Eriza Ong (2018). Steeling the Butterfly: The Imperial Constructions of Imelda Marcos 1966-1990 (PDF) (PhD thesis). University of Hawaiʻi at Mānoa.
  17. ↑ Live Awake PH (2021-11-10), Gerry Spence, Imelda Marcos' Defense Lawyer in the Trial of the Century , retrieved 2023-11-16
  18. ↑ Tisdall, Simon (2015-07-03). "From the archive, 3 July 1990: Tears and cheers as Imelda cleared". The Guardian.com. Retrieved 2023-11-16.
  19. ↑ Polk, Anthony (1981-02-21). "$26.5 Million Libel Award". Washington Post. ISSN   0190-8286 . Retrieved 2023-11-17.
  20. ↑ Ap (1984-01-22). "AROUND THE NATION; Ice Cream Maker Wins Suit on Oral Contract". The New York Times. ISSN   0362-4331 . Retrieved 2023-11-17.
  21. ↑ "Gerry Spence". Gerry Spence Method. Retrieved 2023-11-17.
  22. ↑ "The Legacy of Gerry Spence". www.spencelawyers.com. Retrieved 2023-11-16.
  23. ↑ "Gerry Spence". Trial Guides. Retrieved 2023-11-16.
  24. ↑ Heath, Thomas. "GERRY SPENCE, ATTORNEY AT LORE". Washington Post. Retrieved 12 July 2022.
  25. ↑ Spence, Gerry (1983). Of Murder and Madness: A True Story. Doubleday. p. 290. ISBN   978-0-385-18801-2.
  26. 1 2 "Gerry Spence keynote speaker page at the Harry Walker Agency Speakers Bureau". Archived from the original on March 4, 2008. Retrieved August 22, 2008.
  27. ↑ Spence, Gerry. "Fighting for the People | Gerry Spence | TEDxJacksonHole". TedX. Retrieved 12 July 2022– via YouTube.
  28. ↑ Silkwood Case Laid To Rest, August 30, 1986, Science News.
  29. ↑ Winter, Bill (1980). "Career Criminal Laws Under the Gun". American Bar Association Journal. 66 (6): 707–708. ISSN   0002-7596. JSTOR   20746569.
  30. ↑ Spence, Gerry, The Smoking Gun
  31. ↑ Goodman, Walter (1984-03-14). "BOOKS OF THE TIMES" . Retrieved 2023-11-20.
  32. ↑ Rempel, William C. (1990-04-17). "COLUMN ONE : Champion of the Legal Lost Cause : Gerry Spence made his reputation taking on 'unwinnable' cases. Defending Imelda Marcos may be his biggest gamble yet". Los Angeles Times. Retrieved 2023-11-20.
  33. ↑ "A new book brings back courtroom memories". National Law Journal. Retrieved 2023-11-20.
  34. ↑ Cole, Dana (2004-01-01). "Gerry Spence's The Smoking Gun As A Teaching Tool". Akron Law Faculty Publications.
  35. ↑ Snook, Edward (2007-07-28). "Grants Pass City Attorney Ulys Stapleton "Take the Kid Out"". US Observer. Retrieved 2023-11-20.
  36. ↑ "Oregon State Bar Bulletin — AUGUST 2012". www.osbar.org. 2012. Retrieved 2023-11-20.
  37. ↑ Spence, Gerry (1996). From Freedom to Slavery: The Rebirth of Freedom in America. St. Martin's Press. [ clarification needed ]
  38. ↑ Lacey, Michael (June 19, 1991). "Of firebrands and files". Phoenix New Times . Archived from the original on June 17, 2011.
  39. ↑ Spence, Gerry. The Smoking Gun. ISBN   0-7434-7052-4
  40. ↑ Associated Press, "Ice Cream Maker Wins Suit on Oral Contract", The New York Times , January 22, 1984.
  41. ↑ Chris Merrill, "In new 'retirement,' Wyoming's most famous attorney laments 'demonizing' of trial lawyers", Star-Tribune Casper Wyoming, December 21, 2008.
  42. ↑ Zoglin, Richard (December 1, 1986). "Video: What If Oswald Had Stood Trial?". Time .
  43. ↑ Archived August 28, 2008, at the Wayback Machine
  44. ↑ "Mystery Writers of America Announces the 2008 Edgar Award Winners". May 1, 2008. Archived from the original on April 29, 2009. Retrieved May 2, 2009.
  45. ↑ Bugliosi, Vincent (2007). Reclaiming History (1st ed). New York: W.W. Norton & Co. ISBN   978-0-393-04525-3
  46. ↑ Daryl L. Hunter, "Tort Reform", Greater Yellowstone Resource Guide, June 2006. Supporters of Amendment D cited Spence as spearheading its defeat.
  47. ↑ "Gerry Spence Biography at Trial Lawyers College". Archived from the original on June 6, 2008. Retrieved August 22, 2008.
  48. ↑ "Trial Lawyers College Mission Statement" . Retrieved August 22, 2009.
  49. ↑ "Golden Plate Awardees of the American Academy of Achievement". www.achievement.org. American Academy of Achievement.
  50. ↑ "Spence's No Loss Record Stands With Fieger Acquittal", ABA Journal.
  51. ↑ "Wyoming Personal Injury Lawyers, The Spence Law Firm". Spencelawyers.com. Retrieved December 6, 2015.
  52. ↑ "Iowa wrongful imprisonment case ends in mistrial". Twin Cities. 2012-12-14. Retrieved 2023-11-21.
  53. ↑ "Wrongful conviction lawsuit settled, sealed | the des Moines Register…". The Des Moines Register . Archived from the original on October 15, 2013.
  54. ↑ "Gerald L. Spence". Super Lawyers. Retrieved 2023-11-27.
  55. ↑ "2008 Award Recipients". www.caoc.org. 2008. Retrieved 2023-11-28.
  56. ↑ "Gerry L. Spence | The Spence Law Firm, LLC". www.spencelawyers.com. Retrieved 2023-11-28.
  57. ↑ LLC, The Spence Law Firm (2013-08-02). "Gerry Spence Honored with AAJ Lifetime Achievement Award". www.prnewswire.com. Retrieved 2023-11-28.
  58. ↑ "Lifetime Achievement Award". www.justice.org. Retrieved 2023-11-28.
  59. ↑ Spence, Gerry. "Gerry Spence Method". gerryspencemethod.com/. Retrieved 12 July 2022.
  60. ↑ "A Conversation With Gerry Spence". Wyoming Lawyer Magazine. 2022. Retrieved 2023-11-28.

Further reading

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