Subject:  Spence: Fieger 'is my last case' |
Author:
Chris
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Date Posted: 05/27/08 7:10pm
In reply to:
Diane
's message, "Fiegers' Trial Tomorrow ????" on 04/13/08 6:44pm
Tuesday, May 27, 2008
Spence: Fieger 'is my last case'
Paul Egan / The Detroit News
DETROIT -- Legendary Wyoming trial attorney Gerry Spence told jurors Tuesday he will never try another case after defending indicted Southfield attorney Geoffrey Fieger.
"This is my last case," Spence told jurors as he urged them to acquit Fieger on 10 felony counts. "I will be 80 in January and it's time for me to quit, to put down the sword."
Spence urged jurors to use what he described as immense power they possess to stop a "hateful" abuse of power by the federal government.
Fieger, 57, and his law partner, Ven Johnson, 46, were indicted in 2007 on conspiracy and illegal campaign contribution charges, accused of making $127,000 in illegal campaign donations to the 2004 presidential campaign of Democrat John Edwards by reimbursing employees, employee relatives and law firm vendors. Fieger is also charged with obstruction of justice, a 10-year felony.
Spence came out of semi-retirement at age 79 to represent Fieger, an old friend.
He has represented former Philippine First Lady Imelda Marcos, Idaho separatist Randy Weaver in the Ruby Ridge case, and the family of corporate whistle-blower Karen Silkwood, boasts that he has never lost a criminal case.
Earlier, a federal prosecutor told jurors that Fieger is a liar who believes he is above the law.
Fieger "thinks he's smarter than you," said Kendall Day, a trial attorney with the U.S. Justice Department in Washington, D.C.
However, "no one is above the law, especially a lawyer whose profession is to serve the law."
Spence argued Fieger is a lawyer who fights for ordinary people who was targeted by the government because of his politics.
"This is a case about freedom," Spence said. "If the government can do this to Mr. Fieger, the government can do it to anyone else."
Fieger, who took the stand for three days in his own defense, admitted he made the reimbursements with law firm checks, but testified he believed what he was doing was legal. In order to convict Fieger or Johnson, jurors must conclude they knowingly broke the law.
Fieger testified he carefully researched the law before authorizing the campaign donation reimbursements and concluded that to do so was legal.
Most observers said Fieger did a good job of batting away questions from Assistant U.S. Attorney Lynn Helland during cross examination.
But Day, speaking in a federal courtroom that was packed to overflowing, said it's clear that Fieger lied on the stand.
"This isn't entertainment. This isn't 'Law and Order,' and there's no way we're going to be able to catch someone as slick and as smart as Mr. Fieger in an out-and-out lie," Day told jurors.
Two days after the FBI raided his law office on Nov. 30, 2005, Fieger gave radio interviews in which he denied making the reimbursements, Day said.
"Why did he deny it?" Day asked. "It was only later that he realized he was going to have to come up with a better story."
Spence argued Fieger was "still in shock" from the FBI raid when he gave the radio interviews.
"He wouldn't admit anything to anyone on the radio," Spence said.
Radio interviewers "are there to make trouble, they're there to get audiences," he said.
The trial heard 18 days of testimony.
Fieger, the Democrats' candidate for Michigan governor in 1998, rose to national prominence in the 1990s as the attorney for Royal Oak assisted suicide advocate Dr. Jack Kevorkian. A fierce critic of Michigan appellate judges, Fieger is known for winning multimillion-dollar personal injury verdicts. He testified he was targeted by the Justice Department under Republican President George W. Bush because of his politics.
Many who wanted to watch the final arguments were turned away because the courtroom was full.
Attorney Will Burke, who flew from North Carolina to watch Spence's final argument, said he arrived at the federal courthouse at 4:30 a.m. to make sure he got a seat.
"He's honest and real," and that appeals to jurors, Burke said of Spence.
U.S. District Judge Paul D. Borman is expected to send the case to the jury late today or Wednesday.
You can reach Paul Egan at (313) 222-2069 or pegan@detnews.com.
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