For the Defense with David Oscar Markus
rakontur
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
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
Episodes
Mentioned books
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.
Feb 16, 2021 • 1h 12min
Rob Cary for Sen. Ted Stevens
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.
Feb 9, 2021 • 1h 3min
Ron Sullivan for Aaron Hernandez
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.
Feb 2, 2021 • 1h 21min
Jose Baez for Casey Anthony
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.
Jan 26, 2021 • 1h 7min
Alan Dershowitz for O.J. Simpson
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.
Dec 22, 2020 • 1h 39min
Hank Asbill for Gov. Robert McDonnell
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.
Dec 1, 2020 • 1h 3min
F. Lee Bailey for Sam Sheppard
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.
Nov 24, 2020 • 1h 24min
H.T. Smith for Aubrey Arthur Livingston
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.
Nov 17, 2020 • 1h 12min
Martin Weinberg for Bill Moran
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.
