Jay Leiderman

Last updated
Jay Leiderman
Jay Leiderman.jpg
Born
Jason Scott Leiderman

(1971-04-12)April 12, 1971
DiedSeptember 7, 2021(2021-09-07) (aged 50)
Education University of Michigan (BA)
University of San Francisco (JD)
OccupationLawyer
Children1

Jason Scott "Jay" Leiderman [1] (April 12, 1971 - September 7, 2021) [2] [3] was an American criminal defense lawyer based in Ventura, California. The Atlantic Magazine called Leiderman the "Hacktivist's Advocate" [4] for his work defending hacker-activists accused of computer crimes, or so-called "Hacktivism" [5] especially people associated with Anonymous. [6] [7] [8] [9] [10] [11] BuzzFeed called Leiderman "The Maserati-Driving Deadhead Lawyer Who Stands Between Hackers And Prison" and stated he was "A medical marijuana and criminal defense lawyer from Southern California [who] has made himself into the country's leading defender of hackers." [2]

He was named to the top 100 criminal defense lawyers by the National Trial Lawyers. [12] Leiderman was also featured in a video about his life and work on CNN's Great Big Story [13] and appeared in the movie "The Hacker Wars." [14] Leiderman was certified as a criminal law specialist by the California Board of Legal Specialization in 2006. [1]

Leiderman spends much of his time defending the kinds of clients Matlock might turn down on a good day and keeping Ventura's marijuana professionals out of trouble. [2]

Other noteworthy cases Leiderman defended include People v. Diaz, which went to the California Supreme Court and made law on the ability of police to search a cell phone, [15] Louis Gonzalez, who was falsely accused of rape, attempted murder and torture by the mother of his child [16] and was jailed for 83 days before he was released and ultimately found factually innocent, [17] the Andrew Luster or so-called Max Factor heir habeas corpus proceeding, wherein his sentence was reduced by 74 years [18] [19] the first-ever trial of medical marijuana defendants in San Luis Obispo County, California County, [20] and Leiderman represented the lead defendant in Ventura County, California's first concentrated Mexican Mafia prosecution. [21] Leiderman represented journalist Matthew Keys who was found guilty on all charges against him in 2015. [22] [23] Leiderman was the lead trial attorney for Jonathan Koppenhaver, also known as War Machine, who was convicted of savagely beating and raping his girlfriend, porn star Christy Mack. [24]

Within a year at the Ventura County Public Defender's Office, Leiderman had graduated from misdemeanors to murders and three-strike cases. He sought out a series of cases defending the homeless, successfully challenging an open-container law that was frequently used to round up Ventura's large indigent population and getting a raft of misdemeanor illegal camping charges — also used as a weapon against the homeless — thrown out so decisively it led to an internal city review. [25] "It pissed me off, it was a horrific injustice, and it was the right thing to do," Leiderman said." [2]

"Leiderman's years at the VCPDO coincided with the passage of California's medical marijuana statute, and the young lawyer started taking possession for sales and illegal cultivation cases. By the time he opened a private practice, in 2007, Leiderman had become something of an expert in state and county compliance laws. In addition to defending clients from marijuana-related criminal charges, Leiderman also advises medical marijuana collectives, teaching them the law, writing up their contracts and articles of association, and waiting on retainer for run-ins with the police." [2] Leiderman co-authored a book on the legal defense of California medical marijuana crimes, which was published by NORML, the National Organization For the Reform of Marijuana Laws. [26] Leiderman has "some pretty deep connections with Ventura County's medicinal cannabis community". [2]

Leiderman is also a founding member of the Whistleblower's Defense League, [27] "formed to combat what they describe as the FBI and Justice Department's use of harassment and over-prosecution to chill and silence those who engage in journalism, Internet activism or dissent." [28] Leiderman used the phrase "tin foil as reality" [29] when describing the ever encroaching surveillance state. Leiderman frequently comments in diverse areas of the media about criminal and social justice issues. [30] [31] He also lectures around the state and nation on various criminal defense topics. [32] [33] [34] [35]

According to Tor Ekeland, another prominent hacker attorney and sometimes co-counsel to Leiderman, Leiderman is "a "street-smart trial lawyer" who was "extraordinarily quick on his feet." [2] "Leiderman is very much a defense attorney's defense attorney. "It is my duty under the constitution to represent these clients," he wrote in an email, continuing on to say, "I am what stands between the police state and the tyranny of ever encroaching government. If we abandon the ugliest of the cases, before we know it we're back to sending people to prison for a joint."" [2]

Leiderman graduated from the University of Michigan in 1993 and University of San Francisco School of Law in 1999. [36] "He showed up for classes at the University of San Francisco Law School ... with hair halfway down his back, and left in 1999 as the class president. He applied to public defender jobs around the country, and picked Ventura because of the weather." [2]

Leiderman died aged 50 from a heart attack. [37] He is survived by his son Lydon. [3]

Related Research Articles

The National Organization for the Reform of Marijuana Laws is a social welfare organization based in Washington, D.C., that advocates for the reform of marijuana laws in the United States regarding both medical and non-medical use. According to their website, NORML supports "the removal of all penalties for the private possession and responsible use of marijuana by adults, including cultivation for personal use, and casual nonprofit transfers of small amounts" and advocates for "the creation of a legal and regulatory framework for marijuana's production and retail sale to adults". NORML also has a sister organization, NORML Foundation, that focuses on educational efforts and providing legal assistance and support to people affected negatively by current marijuana laws. NORML maintains chapters in a number of US states as well as outside the US in countries such as Canada, France, New Zealand, and South Africa.

<span class="mw-page-title-main">Keith Stroup</span>

Keith Stroup is an American attorney and founder of the National Organization for the Reform of Marijuana Laws.

<span class="mw-page-title-main">Terence Hallinan</span> American lawyer and politician (1936–2020)

Terence Hallinan was an American attorney and politician from San Francisco, California. He was the second of six sons born to Progressive Party presidential candidate Vincent Hallinan and his wife, Vivian (Moore) Hallinan. Hallinan was educated at the London School of Economics, University of California, Berkeley, and University of California, Hastings College of the Law. He practiced privately in San Francisco.

<span class="mw-page-title-main">Thomas Mesereau</span> American attorney (born 1950)

Thomas Arthur Mesereau Jr. is an American attorney known for defending Michael Jackson in his 2005 child molestation trial, as well as Mike Tyson, Bill Cosby and, in 2023, Danny Masterson, a case in which Mesereau was sanctioned by the judge.

<span class="mw-page-title-main">Tony Serra</span> American lawyer (born 1934)

Joseph Tony Serra is an American civil rights attorney, activist and tax resister from San Francisco.

<span class="mw-page-title-main">Norm Kent</span> American publisher, attorney, radio show host, writer (1949–2023)

Norman Elliott Kent was an American criminal defense attorney, publisher, and radio talk show host.

<span class="mw-page-title-main">Murder of Larry King</span> Murder in Oxnard, California

Lawrence Fobes King, also known as Latisha King, was a 15-year-old student at E.O. Green Junior High School in Oxnard, California, who was shot twice by a fellow student, 14-year-old Brandon McInerney, and kept on life support for two days afterwards.

Bruce Margolin is an American criminal defense attorney who specializes in marijuana and drug laws. Since 1973, he has served as the executive director of the Los Angeles chapter of NORML. He is the writer of the Margolin Guide to Marijuana Law.

<span class="mw-page-title-main">Medical cannabis in the United States</span>

In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

<span class="mw-page-title-main">Cannabis in California</span>

Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.

<span class="mw-page-title-main">Ken Paxton</span> American politician and lawyer

Warren Kenneth Paxton Jr. is an American politician and lawyer who has served as the attorney general of Texas since 2015. A member of the Republican Party, he previously served in the Texas Senate representing the eighth district and as a member of the Texas House of Representatives.

<span class="mw-page-title-main">2010 California Proposition 19</span> Failed measure to legalize marijuana

California Proposition 19 was a ballot initiative on the November 2, 2010, statewide ballot. It was defeated, with 53.5% of California voters voting "No" and 46.5% voting "Yes." If passed, it would have legalized various marijuana-related activities, allowed local governments to regulate these activities, permitted local governments to impose and collect marijuana-related fees and taxes, and authorized various criminal and civil penalties. In March 2010, it qualified to be on the November statewide ballot. The proposition required a simple majority in order to pass, and would have taken effect the day after the election. Yes on 19 was the official advocacy group for the initiative and California Public Safety Institute: No On Proposition 19 was the official opposition group.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. On May 1, 2024, the Associated Press reported on plans by the Drug Enforcement Administration to move cannabis to the less-restrictive Schedule III.

Jesse Stout is an American attorney and drug policy reform activist. He practiced business law for the cannabis industry with Greenbridge Corporate Counsel. He was appointed by the San Francisco Board of Supervisors to serve as a member of the San Francisco Cannabis State Legalization Task Force and its successor body the San Francisco Cannabis Oversight Committee. He also recruited employees for cannabis companies, through THC Staffing Group.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span>

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

Gerald "Gerry" Harris Goldstein is a criminal defense attorney in San Antonio, Texas, best known for his civil rights and drug-charge defenses. He is currently a partner of Goldstein & Orr and is Board Certified by the State Bar of Texas in criminal law and appeals.

<span class="mw-page-title-main">2016 California Proposition 64</span> Referendum on recreational cannabis

The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.

<span class="mw-page-title-main">John Stevens Berry</span> American lawyer

John Stevens Berry Sr. is an American attorney and the founder of Berry Law Firm in Lincoln, Nebraska. He is notable for a number of high-profile cases including the defense of Green Berets in Vietnam.

Don Pumphrey, Jr. is a Tallahassee, Florida-based criminal defense attorney, former state prosecutor, law enforcement officer, and former NFL player.

<span class="mw-page-title-main">Michael John Kennedy</span> American criminal defense attorney

Michael John Kennedy was an American criminal defense attorney, expert in U.S. Constitutional law, and a civil rights advocate who defended cases for the American Civil Liberties Union (ACLU), the Center for Constitutional Rights (CCR), the National Emergency Civil Liberties Committee (NECLC) and in his private practice. Kennedy, who tried cases in 36 states, was a member of the National Lawyers Guild and the State Bar in California and New York.

References

  1. 1 2 "# 203336 - Attorney Licensee Search". Members.calbar.ca.gov. Retrieved 27 October 2021.
  2. 1 2 3 4 5 6 7 8 9 "Meet The Maserati-Driving Deadhead Lawyer Who Stands Between Hackers And Prison". Buzzfeed.com. 7 June 2016. Retrieved 11 December 2016.
  3. 1 2 "Hacker Lawyer Jay Leiderman Is Dead at 50". Gizmodo.com. 9 September 2021. Retrieved 9 September 2021.
  4. Allnutt, Luke (3 October 2012). "Hacktivist's Advocate: Meet the Lawyer Who Defends Anonymous". Theatlantic.com. Retrieved 11 December 2016.
  5. "Ventura attorney represents high-profile hackers in a red-hot area of the law, Ventura County Star 23 March 2013". Vcstar.com. Retrieved 27 October 2021.
  6. "Feds: Homeless hacker 'Commander X' arrested". Cbsnews.com. Retrieved 11 December 2016.
  7. "Anon on the run: How Commander X jumped bail and fled to Canada". Arstechnica.com. 11 December 2012. Retrieved 11 December 2016.
  8. "Hacking group activist's posts land him in trouble". Huffingtonpost.com. Retrieved 11 December 2016.
  9. "LulzSec Member Raynaldo Rivera Pleads Guilty". Wearelegionthedocumentary.com. Retrieved 11 December 2016.
  10. "'Homeless Hacker' Lawyer: DDoS Isn't An Attack, It's A Digital Sit In, Talking Points Memo (TPM) 28 September 2011". Archived from the original on 20 January 2013. Retrieved 31 January 2013.
  11. "Not Found - Business & Money". Archived from the original on 28 April 2013. Retrieved 11 December 2016.
  12. "Top 100 Trial Lawyers Directory - The National Trial Lawyers". Thenationaltriallawyers.org. Retrieved 27 October 2021.
  13. "Great Big Story : Better Call Jay: Meet the Lawyer Who Defends Anonymous". greatbig.is. Retrieved 11 December 2016.[ permanent dead link ]
  14. "Jay Leiderman". IMDb.com. Retrieved 27 October 2021.
  15. "State's high court rules police can conduct warrantless cell phone search, Ventura County Star 4 January 2011". Vcstar.com. Retrieved 27 October 2021.
  16. Goffard, Christopher (27 June 2011). "In this assault case, the puzzle pieces don't fit". Articles.latimes.com. Retrieved 11 December 2016.
  17. Christopher Goffard (26 June 2011). "Could this be happening? A man's nightmare made real". Los Angeles Times. Retrieved 11 December 2016.
  18. "Convicted Rapist, Max Factor Heir Andrew Luster Seeks New Trial". Losangeles.cbslocal.com. 22 April 2012. Retrieved 11 December 2016.
  19. "Hearing scheduled in Andrew Luster's appeal of rape sentence, Ventura County Star, 10 December 2012". Vcstar.com. Retrieved 27 October 2021.
  20. FOUNTAIN, MATT. "New Times SLO - Publishing Local News and Entertainment for over 29 years in San Luis Obispo County, CA". Newtimesslo.com. Retrieved 11 December 2016.
  21. "Police say Mexican Mafia prison gang led crime ring in Ventura County 27 November 2012 Ventura County Star". Vcstar.com. Retrieved 27 October 2021.
  22. Farivar, Cyrus (11 March 2016). "Feds want convicted journalist to serve 5 years, his lawyers ask for no prison time". Arstechnica.com. Retrieved 11 April 2016.
  23. Chozick, Amy; Savage, Charlie (17 March 2013). "Hacker Case Leads to Calls for Better Law". The New York Times . Retrieved 11 April 2016.
  24. "Trial launches for ex-fighter War Machine in ex-girlfriend's attempted murder". Cbsnews.com. 7 March 2017. Retrieved 27 October 2021.
  25. "Commissioner Rules Ventura overstepped its authority" (PDF). Jayleiderman.com. Retrieved 27 October 2021.
  26. "NORML Webstore!". Norml.org. Retrieved 11 December 2016.
  27. Lennard, Natasha (2 April 2013). "Attorneys launch Whistleblower Defense League". Salon.com. Retrieved 11 December 2016.
  28. "Legal Group Launches to Aggressively Challenge US Government Prosecutions of Whistleblowers". Shadowproof.com. 2 April 2013. Retrieved 11 December 2016.
  29. "Snowden, Assange and Greenwald live streaming at SXSW". Occupy.com. 12 March 2014. Retrieved 11 December 2016.
  30. "Press Section". Jayleiderman.com. Retrieved 27 October 2021.
  31. "Jay Leiderman". Jayleiderman.blogspot.com. Retrieved 11 December 2016.
  32. "NORML Aspen Legal Seminar Two Weeks Away". Theweedblog.com. Archived from the original on 4 May 2016. Retrieved 11 December 2016.
  33. "CEB Announces A New Program, Current Issues In Medical Marijuana Regulation". Archive.today. Archived from the original on 13 December 2013. Retrieved 27 October 2021.
  34. "The California Public Defenders Association presents the 42nd". Archived from the original on 2013-12-13. Retrieved 2013-12-13.
  35. "DEF CON® Hacking Conference - DEF CON 20 Archive". Defcon.org. Retrieved 11 December 2016.
  36. "JAY - ABOUT - JAY LEIDERMAN LAW". Archived from the original on 12 April 2016. Retrieved 11 April 2016.
  37. "Jay Leiderman Obituary". Gizmodo.com. 9 September 2021. Retrieved 10 September 2021.