
For the Defense with David Oscar Markus
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 is currently in Season 6. 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
Latest episodes

Dec 21, 2021 • 46min
Bruce Rogow for Luther Campbell and 2 Live Crew
Season 4 of For the Defense premieres with Bruce Rogow who sits down with David Oscar Markus to discuss the groundbreaking criminal trial against 2 Live Crew and its front man Luther Campbell.Bruce Rogow discusses the 2 Live Crew case, an only in South Florida story in which a rap band was prosecuted because of its dirty lyrics. Rogow and David Oscar Markus get into the backstory of the case, how it put 2 Live Crew on the map, and how Rogow ultimately defended 2 Live Crew in the Supreme Court on another matter. Cardi B and other megastars have recently thanked 2 Live Crew for paving the way on the First Amendment's protection of their songs.

Aug 17, 2021 • 1h 17min
Billy Corben and Alfred Spellman on Willy & Sal
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.

Jul 20, 2021 • 1h 12min
Judge William Pryor
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.

Jul 13, 2021 • 1h 10min
Judge Robin Rosenbaum
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.

Jul 6, 2021 • 1h 6min
Judge Charles Breyer
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.

Apr 13, 2021 • 60min
Judge Jed Rakoff
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.

Mar 16, 2021 • 1h 19min
Michael Tigar for Terry Nichols
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.

Mar 9, 2021 • 1h 25min
David Gerger for Robert Kaluza (Deepwater Horizon)
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.

Mar 2, 2021 • 58min
Abbe Lowell for Sen. John Edwards
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.

Feb 23, 2021 • 55min
Jayne Weintraub for Yahweh Ben Yahweh
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.
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