Case Briefs Outline

What's legal in court is often a crime

As "A well–regarded defense lawyer (who) often works gritty trials -- and gets results" is charged with conspiracy and witness tampering by federal prosecutors as a result of his strategy for a client in a drug case.

According to the indictment, Daum's defense of his client was based on lies. You may ask, how does this differ from any other defense in a criminal trial? In Daum's case it appears he escalated the usual and customary by going into the evidence manufacturing business.

The case centered around cocaine, cash and boots discovered during a search of a DC apartment. Counselor Daum allegedly (innocent–until–proven–guilty) persuaded his client's girlfriend and brother to take an active role in the defense by buying identical boots and taking photographs of the brother wearing the boots and then faking photos of people cutting cocaine in the apartment. Meanwhile, Daum forged an apartment lease "proving" the client lived in Maryland.

A brief outline of this defense is: not his boots, not his cocaine and besides he didn't live there.

But you say no one would turn on his brother just to stay out of jail! Without exploring the pathology and family dynamics of the drug culture -- I can safely say that the drug dealer's brother would have been in the clear no matter how fetching he looks in the boots.

Had this baseless defense been successful, the brother would not have been arrested on drug charges after the trial, because the police know the drugs aren't his! So both brothers would have been in the clear and lawyer Daum would have had a potential profit center should the drug dealer continue in his chosen profession.

So, the operating principle behind the decision to indict appears to be don't manufacture tangible evidence. Defense lawyers can essentially obstruct justice by inventing perpetrators, blaming it on a black guy, creating fictitious conspiracies, accusing the ex–husband, tainting the witnesses, complaining about keeping–the–black–man–down, cry police brutality, point to the number of "brothers" in jail or otherwise attempt to confuse and mislead the jury, but as long as the untruths remain verbal everything is copacetic.

But once lawyers start to undermine the sanctity of the apartment lease it's time for serious repercussions.

Case Overviews | Casebriefs

Miss Lundeen, on behalf of Maureen and Michael Cordner, sued Metropolitan Life Insurance to recover on a life insurance policy held by Lundeen’s ex-husband, Joseph Cordner, which named Maureen and Michael as beneficiaries. Joseph’s second wife, France Cordner, intervened on behalf of her and her child. France introduced evidence that Joseph had completed all the necessary paperwork designating France and her child as the new beneficiaries, and then moved for summary judgment on the grounds that Lundeen had not introduced any controverting evidence. Lundeen contended that the evidence would emerge during cross-examination of an insurance agent.

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