Haven’t written for a while. Lots of thoughts, but could not put them together. Sort of a writers’ block, I guess, but here goes some interesting experiences – to follow:
Well, I am still living in Newport Beach, Lido Isle to be exact, with a daily commute by train to LA, a short walk to my office and the courts in downtown civic center. Work on the ride to, and a martini on the ride back. I might mention if you get to LA, go to Union Station, it is quite beautiful, with a gigantic lobby, great leather chairs and super architecture and nearby, Olivera Street, which reminds me of the early days of The Puebla de Los Angeles or its full name “La Ciudad De La Senora La Raina de Los Angeles. China Town, Little Tokyo, the LAPD headquarters, then known as the “Glass House,” are all nearby.
I tried to quit the DA’s Office three times. The first I have written about earlier when I thought I was transferred to the Complaint section from the Huntington Park area office and had no future, but was assured the Office liked me, and I would be looked on favorably for promotion, so I stayed. The second time was personal, just to get away from domestic turmoil, and I had great job offers from the DA’s Offices both in Marin County and San Mateo County as well.
Earlier, I blogged about how my parents had the good life until my older brother was killed while crossing Beverly Blvd, the end of my parents’ marriage, my father’s fall from from his profession. Well I was aware my situation was not so unique. Just problems developed between my mother and my wife, and I thought it best just to “get the hell out of Dodge.” So I visited San Francisco, met with Jack Erlich, whom I mentioned in my beginning blogs, and also interviewed with Keith Sorenson the DA of San Mateo County who offered me a job. I also interviewed with Bill Weisick, the Marin County DA, who also was the County Counsel and I was offered a job. Marin was just growing and looked real good, so I accepted the Marin County Job. Bill later was murdered by a disgruntled defendant after Bill went into private practice. The guy stewed while in prison, and when released, acquired a pistol, calmly walked into Bill’s office and blew him away. Back to LA, saw Howard Hurd, my boss at the time, and tended my resignation. Upon inquiry, Howard learned of my reasons for leaving and gave me very sage advice, which was: “Marshall you cannot run away from the problems. What you have to do is “grab the bull by the horns,” and solve the problem.We want you to stay, you have a great future with us, so don’t quit.” Made a lot of sense to me, and that is what I did. Called the two DAs, thanked them and told them I am staying in LA.
The last time I quit was in 1965. I mentioned in the beginning blogs about my civil practice before the DA’s Office, representing the loan companies and Ralph Dixon who graduated from Ohio State with a law degree during the Great Depression and his rise through the ranks until he became vice president of Beneficial Finance Company. Well he had turned 65 and was living in Orange County and wanted to retire from corporate law work and was pension-wise well vested, and we had maintained our friendship after I went into the DA’s Office. He suggested we open offices in Orange County, Santa Ana to be exact, and start practice together, he to do civil work and I criminal defense. I knew if I stayed as a prosecutor for more than ten years, I would likely stay until I retire. I noted the mandatory retirement requirement of the DA’s Office was 65. I further noted very intelligent and viable forced retirees from the office just seemed to fall apart and really not last very long after they left. To me I thought that is not good, and I just did not want to ever be in that position. So I agreed with Ralph to join him, and thus retired to go into private practice.
Now, the question is, how can a hard-nosed prosecutor ever become a defense lawyer? The defense bar in LA all came to my retirement luncheon, probably just to make sure I was leaving; some even promised me Orange County case referrals because they did not want any part of that tight, conservative anti-LA lawyer area, which was fine with me.
I might mention I did resolve the domestic problem and my mother came around and behaved herself after my first child, Douglas, was born.
Well the defense lawyers were right, but I was really not at the time a real defense attorney; I was pretty good but still had a prosecution attitude. That went away with my representation of Donald Franklin, who had been accused of murder to eliminate witnesses in a pending robbery case. He and his two other co-defendants had been previously convicted of murder 1st, sentenced to death and were 20 minutes from execution, when the State Supreme Court reversed the penalty phase of their trial but affirmed the guilt phase. Franklin’s Lawyer, Sam Dryson, the the Orange County Public Defender, had been appointed to a Superior judgeship, so Franklin needed a new lawyer. I had just been in private practice for a short while, but because of my background, the Court appointed me to represent Franklin for the penalty phase that is life or death, up to the jury. No problem as I saw it. I knew the facts from an earlier opinion, and as far as I was concerned, he would most likely get the death sentence again; after all, they were convicted of lying in wait for the victims of an earlier robbery where out of the darkness,they blew the male victim apart with a shotgun and shot the arm of of his wife. Easy money, but a no-hope case. Well, I came to believe Franklin was innocent and wrongly convicted on perjured testimony. Overnight I converted from a “hard nosed” prosecutor to one hell of a defense attorney! Later, I will tell you why I think Franklin got a raw deal.
Next log will start the travels of Marshall Schulman, Defense attorney. See you then
Marshall
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