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Justice on Trial Season 1 Episode 5
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01:0210-4, John 12.
01:05Dispatch, A-12, a pool hall. Signs of forced entry. Going in.
01:09Police! Anyone in here?
01:15Dispatch, A-12, pool hall clear. Coming out.
01:27Oh! I heard the sirens, saw the lights in the door. Is everything okay?
01:32At 5.30 in the morning?
01:34What can I say? I'm an early riser.
01:36Looks like someone broke in and tripped the alarm. You see anything?
01:40Oh, well, I did see a guy walking away down the alley a minute ago with a big coat on.
01:44What kind of coat?
01:45Oh, you know, like a big trench coat. Looked like he was carrying half the bar in it.
01:49Have you ever seen him before?
01:51Sure have. He's a regular like me.
01:54Name's Clarence Gideon.
01:57I'm Judy Scheindler. Before I was a judge on TV, I was a judge in New York City for 15 years and a lawyer for 17 years before that.
02:08While serving on both sides of the bench, I learned that justice doesn't always end up feeling just.
02:15Sometimes the impact of one decision by a police officer, a lawyer, or even a judge can change the way justice is delivered.
02:24We're going to demonstrate this by taking landmark cases from actual crimes committed by real people,
02:30and we'll recreate them with our trial lawyers and yours truly as the trial judge.
02:35While we're not going to recreate the trials verbatim, all the court's ultimate decisions are accurate.
02:41It will be up to you to decide whether the case was fair and the outcome just.
02:47Real cases. Actual lawyers. Surprising verdicts.
02:53Justice on Trial.
03:00This episode of Justice on Trial focuses on the due process clause of the 14th Amendment to the Constitution
03:07and a small crime which forever changed the legal system in America.
03:12Is it fair for a poor person with no legal training or formal education
03:17to be required to defend themselves against criminal charges?
03:22Until 1963, that was the law in this country.
03:26If you were accused of state crime and couldn't afford an attorney, you were out of luck.
03:33If you lost, you might be going to jail.
03:36Let's see how defending himself worked out for the man
03:39who was arrested and accused of burglarizing the Florida pool hall,
03:43Clarence Gideon.
03:50Your Honor, I have a question.
03:52Mr. Gideon, you can't just blurt out questions in the middle of court.
03:56We have procedures here.
03:58I'm sorry, Your Honor, but that's kind of my point.
04:03I have no idea what I'm doing here.
04:06Can't I get a lawyer to represent me?
04:08Of course you can. We have a list of them if you'd like.
04:11I can't afford a lawyer. I thought you could give me one.
04:15Your Honor, Betts versus Brady clearly states...
04:18I am keenly aware of what Betts versus Brady states, Counselor.
04:21Mr. Gideon, I'm sorry, but I cannot appoint counsel to represent you in this case.
04:26Under the laws of the state of Florida,
04:28the only time a court can appoint counsel to represent a defendant
04:31is if that person has been charged with a capital offense,
04:35like murder, for instance.
04:37Well, that don't seem fair.
04:39I thought the Supreme Court said...
04:41No, Mr. Gideon.
04:43The Supreme Court says in the aforementioned Betts versus Brady case
04:47that the appointment of counsel is not a fundamental right of the defendant in a state case
04:51unless the accused is mentally or intellectually incompetent.
04:55Are you mentally or intellectually incompetent, Mr. Gideon?
04:59No, of course not, but...
05:01Excellent. Let's proceed then, shall we?
05:04Please, state your name.
05:14Henry Cook.
05:15Let me direct your attention to the night of June 3rd at approximately 5.30 a.m.
05:21Where were you?
05:22I was in the alley next to the Bay Harbor pool hall.
05:25Did you notice anything unusual at that time?
05:28Yeah, I, uh, noticed a guy walking down the alley,
05:32kinda quick, with a big overcoat on and a bunch of bottles sticking out of him.
05:37Can you identify the person you saw here in this courtroom?
05:41Yeah. That guy over there. Clarence Gideon.
05:45Objection.
05:46On what grounds?
05:48I didn't do it. He's lying.
05:50Mr. Gideon, that is not the basis for an objection.
05:54If you continue these outbursts, I will find you in contempt of court.
05:57Strike that from the record. Let's proceed.
06:01Thank you, Your Honor.
06:02What happened next, Mr. Cook?
06:04I saw Gideon get into a cab driven by Preston Beret.
06:08It was then I noticed an alarm bell was ringing.
06:10I followed the sound to the front of the pool hall,
06:13and I saw the door was all busted up.
06:15I was about to go into the bar to have a look-see when the cop came out.
06:19This was Officer Dual Pitts?
06:21Yes, that's right. I told him everything I saw.
06:24No further questions, Your Honor.
06:26Do you wish to cross-examine the witness, Mr. Gideon?
06:30Yes, Your Honor.
06:32So, 5.30 in the morning, it was pretty dark, right?
06:35Objection. Leading the witness.
06:37Sustained.
06:39Mr. Gideon, you can't have the answers you want in your questions.
06:42Okay. Uh, how dark was it?
06:49It was light enough to see you.
06:54How do you know it was me?
06:56I've spent enough time around you in the pool hall.
06:58I know how you walk, and the hair color matches too.
07:00Well, a lot of people have brown hair.
07:02Objection. Not a question.
07:04Sustained. You can't make statements, Mr. Gideon.
07:07You have to interview the witness with questions.
07:12Are you positive you saw me and not someone else?
07:17Positive.
07:22Do you have any further questions, Mr. Gideon?
07:24Any questions I ask him, he's just gonna say it was me.
07:27Objection.
07:28Forget it. No further questions.
07:35How's it going, Press?
07:36Good, man. Good.
07:39You work as a cab driver, right?
07:41Yep, that's right.
07:43And I ride in your cab a lot, right?
07:45Objection. Leading the witness.
07:47Sustained. Mr. Gideon.
07:49Got it, got it, got it, Judge.
07:50Uh, how often do I ride in your cab?
07:53I'd say, uh, at least four to five times a week,
07:55and that doesn't count the times we end up back in my place
07:58having coffee after work, so...
08:00So you would know if there was anything
08:02out of the ordinary with me, right?
08:04Yes, definitely.
08:06And was there anything out of the ordinary
08:09on the early morning of June 3rd?
08:11Nope. I didn't see anything out of the ordinary.
08:15And did you see wine bottles sticking out of my jacket?
08:19No, I definitely didn't see anything like that.
08:23No further questions.
08:27Mr. Bray, is it fair to say that you and Clarence Gideon are friends?
08:39Yes, that's fair to say.
08:42Were you aware that your friend was arrested and charged
08:45with a very serious felony of burglary
08:47of the Bay Harbor Pool Hall?
08:49Uh-huh, yeah.
08:50And did your friend tell you he needed your help today?
08:54Yes.
08:55He was gonna call you as a witness?
08:56Obviously, yes.
08:58Hmm.
08:59So if you had testified that you had seen your friend
09:01with a bunch of wine bottles sticking out of his overcoat,
09:04it'd probably be, uh, pretty bad for his case, right?
09:09Any objections, Mr. Gideon?
09:12Um, no.
09:18You may answer, Mr. Bray.
09:21I guess it wouldn't help his case, no.
09:23One more question.
09:25What did Clarence Gideon say to you
09:27when he got into your cab that night?
09:30Well, he...
09:32He said...
09:33Not to tell anyone that I'd seen him that night,
09:35but the thing...
09:36No further questions.
09:37But the...
09:42Any redirect, Mr. Gideon?
09:45Redirect, Your Honor?
09:47Yes, you are allowed to briefly further question
09:49the witness if you wish.
09:51Um, no.
09:53Thank you, Judge.
10:01Mr. Gideon, do you have any other witnesses to call?
10:04No, Your Honor.
10:05You are not going to testify on your own behalf?
10:08Would that guy get to question me, too?
10:11Yes, he would.
10:13Then, no.
10:14Definitely not, Your Honor.
10:18Has the jury reached a verdict?
10:20We have, Your Honor.
10:21What say you?
10:25To the count of felony burglary,
10:27we, the jury, found the defendant,
10:29Clarence Gideon, guilty.
10:41As you've seen,
10:43having to defend himself
10:44didn't work out very well for Clarence Gideon,
10:47and he was sentenced to five years in prison.
10:49But despite having only an eighth grade education,
10:52he came up with a legal argument
10:54for an appeal to the Supreme Court of the United States.
10:58To whom it may concern.
11:03I've been reading the Constitution while in prison, particularly the 14th Amendment.
11:13It says in there that no state can deny me due process without equal protection of the law.
11:24Well, I'm a man who wasn't able to afford a lawyer, and they told me I couldn't have one.
11:33So I had to represent myself.
11:37That doesn't seem like equal protection to me.
11:41I should get due process even if I'm poor, right?
11:45Now I'm doing five years for a crime I didn't commit.
11:49And I bet a good lawyer would have proven I'm innocent.
11:53Can you help me?
11:54Signed a fellow American, Clarence Gideon.
12:01The Supreme Court agreed to hear Gideon's argument that his conviction was unconstitutional.
12:06Remember, though, the Supreme Court had already ruled in Betts versus Brady about 20 years earlier
12:13that in most cases, states did not have to provide an attorney for those who couldn't afford one.
12:19We're going to use our attorneys and our judges to show you how the question was answered for Clarence Gideon.
12:27Mr. Backman, you may proceed.
12:29Thank you, Your Honor.
12:30Our system of criminal justice differs from every other country in the world because, one, we have a presumption of innocence,
12:39and two, we have a guarantee of a fair trial.
12:45And the way we guarantee that precept is we don't refuse criminal defense counsel to a poor person
12:54and set them loose in a courtroom representing themselves when there is a seasoned prosecutor on the other side.
13:04That's what happened to Clarence Gideon.
13:06If, in fact, we want to stand by our Bill of Rights, which guarantees the right to an attorney in a criminal case,
13:15then it's time to do away with Betts versus Brady and let all criminal defendants have the right to an attorney
13:24so that they can level the playing field with seasoned prosecutors like this.
13:31Mr. Metz, sir.
13:32Thank you, Your Honor.
13:33This very court decided this very issue in the case of Betts v. Brady.
13:38And this court decided that, yes, a criminal defendant accused of a crime
13:44does deserve to have a lawyer paid for by the state if he can't afford one himself.
13:50However, the court was mindful of the overwhelming burden that the taxpayer would have
13:55if every single defendant accused of a crime had a lawyer paid for him by the state.
14:02And they decided that there were certain cases that would not have the protection of a lawyer paid for by the state.
14:09There were checks in place to ensure that a criminal defendant who couldn't afford a lawyer would still have a fair trial.
14:15This is the very type of a case that did not guarantee a defendant a right to a lawyer paid for by the state.
14:22And that's why I'm going to ask this court to uphold that verdict
14:27and not place the heavy burden on the taxpayer that Mr. Backman is asking this court to do.
14:35Thank you, counsel. Judge Levy.
14:37Thank you, Mr. Mentzer.
14:39Checks and balances is what you just told us were in place according to this court's decision in Betts v. Brady
14:45to the extent that a criminal defendant was unable to successfully defend himself,
14:48that there were checks and balances and that the trial judge would be able to help.
14:55That is correct.
14:56Well, I will tell you, I don't know about my colleagues, but my review of the trial below
15:01suggested anything other than a trial judge trying to help out Mr. Gideon,
15:06who with an eighth grade education presented no theory of defense, challenged no jurors,
15:13and conducted at best a limited cross-examination of the number one eyewitness.
15:19And what is your job as a prosecutor?
15:22To present the evidence.
15:23Your role, sir, is to seek justice.
15:26And in your role as a prosecutor in seeking justice,
15:30would you agree that it would be more likely that justice is served
15:35when a criminal defendant with an eighth grade education
15:38is provided with a lawyer to help him present his case?
15:42I would agree that the likelihood of getting a better defense is higher with a defense lawyer.
15:48But there are other issues at play here, Judge.
15:51It seems to me that you would rather the taxpayer just open up his wallet
15:55any time some habitual career criminal wants to commit crimes.
15:58He just snaps his fingers, you're going to pay for another lawyer.
16:01Well, I'm looking at that. I'm looking in the Sixth Amendment right now.
16:04And the Sixth Amendment guarantees the right to counsel.
16:07You agree with that, yes?
16:09Sixth Amendment guarantees the right to counsel in the federal court.
16:11So what you're really saying, Mr. Menser, is that this is a state law case,
16:14is that the U.S. Supreme Court has no business telling the state of Florida
16:21what a fair trial looks like?
16:22Yes.
16:25Mr. Backman.
16:26Yes, sir.
16:27Please explain why do you believe that this court should overrule Betts versus Brady?
16:32Because due process as applied to the states through the Fourteenth Amendment requires the right to counsel.
16:42Denial of the right to counsel for all classes of crimes in state court is discriminatory.
16:49So what you're saying is that the due process that would otherwise apply in the federal system
16:54should likewise apply in the state of Florida where Mr. Menser is from?
16:57Absolutely, Your Honor. And anything other than that shocks the conscience.
17:03In order to enforce the Constitution of the United States, if consul is necessary to guarantee those rights,
17:12then the individual should have the right to appoint a consul.
17:17Thank you. I have nothing for you.
17:20Mr. Menser.
17:21Yes, Judge?
17:22You raised an issue before, and that is that state defendants don't have the same rights as those charged in a federal court.
17:30And that's your position in here.
17:31My position is more of a financial scale argument where we should provide a lawyer to criminally indigent criminal defendants
17:42in most cases, but not all cases. Where does it end?
17:45It may not end, provided that when someone's life and liberty are at stake, that we give them what they need in order to protect and defend it.
17:55And yes, I get it. There's an expense in all of this. And so with that expense, where does the balance end?
18:01It should end right in the beginning. The balance weighs in favor of your life and your liberty, Mr. Menser.
18:06So I'm going to ask Mr. Backman a couple of questions. Why don't you have a seat? Mr. Backman, do you know of clients that have been incarcerated after a conviction after trial?
18:16Yes.
18:17Do a number of them spend time in prison awaiting the decision to have their case reversed?
18:21Yes.
18:22Okay. And that being the case, then their life and liberty is being taken from them while their incompetence to represent themselves is being reviewed by an appellate court.
18:30That's what would happen based on Mr. Menser's position. Would that be correct or not?
18:35Correct, Your Honor. It would be a shock to the justice system.
18:40Can we extend that Sixth Amendment right to individuals who cannot afford counsel and are charged in the state court with a crime?
18:48To not do so, Judge, it would serve as a grave injustice to these poor individuals who cannot afford counsel but want counsel.
18:58I think that based on what we've discussed here, I don't have any further questions.
19:02Thank you, Your Honor.
19:03Thank you, Mr. Backman.
19:04Mr. Backman, please remain where you are.
19:07What are the limits of the process that are required here?
19:11Because part of a lawyer's duty to represent means doing factual investigation, hiring experts.
19:19Perhaps in some jurisdictions, counsel might be well advised to hire a jury consultant.
19:25Depending on the case, absolutely.
19:26So I just want to be clear about your argument.
19:28Your argument is that these additional expenses should be incurred.
19:33The Constitution requires them irrespective of the impact on American taxpayers.
19:39Law-abiding folks just got to suck it up. Is that your position?
19:42It is my position in a direct answer, but I'd like to explain.
19:46Please.
19:47Again, I go back to the concept of our criminal justice system, and that is, let's ensure that the playing field is level so that truly innocent people are not where...
20:01It doesn't just apply to truly innocent people.
20:03Well...
20:04So what you're essentially saying is that there might be some innocent folks, but taxpayers, you must assume the burden of a full and complete defense for whatever poor child molester, poor murderer, indigent person who has killed and harmed communities.
20:23We still have to pay for that.
20:24If the taxpayer wants to live in a country where there are constitutional guarantees, then they're going to have to pay for it.
20:33I appreciate your candor and being so straightforward about your position.
20:37Thank you, Mr. Backman.
20:38Mr. Menster, please.
20:39Yes.
20:40Indulge me.
20:42What does due process mean to you?
20:44It means that before someone could take away your life or your liberty, that you have to have a system in place to ensure that it was done properly.
20:51And that system in place includes certain key protections that are fundamental to the American notion of a fair trial, yes?
20:59I would agree with that.
21:00The right to read what the other side says about you.
21:03Yes.
21:04You're entitled to read it.
21:05But that's not all the evidence in a criminal case.
21:06Well, let me ask you this, sir.
21:07What if you are illiterate, as roughly 14% of the American population is?
21:11What does due process mean to those folks?
21:13That would be a special circumstance that would require the state to pay for a lawyer for an illiterate defendant charged with a case.
21:21What is the difference between absolute illiteracy and functional illiteracy?
21:25What if somebody can only read to a third grade level?
21:27I don't believe an eighth grade education doesn't preclude Clarence Gideon from knowing that Quentin is saying, I saw you.
21:34I will respectfully submit to you, sir, that I bet you like your odds against illiterate people.
21:39I have nothing further for you, sir.
21:41Thank you very much.
21:44We're going to retire you to delivery.
21:45Gideon was charged in a Florida state court with a felony.
21:52Appearing without an attorney and without funds, Mr. Gideon proceeded without counsel, interposed a bare bones defense, and was convicted after a jury trial.
22:02The Sixth Amendment of the United States Constitution provides in a pertinent part that a defendant charged with a capital offense in federal court has a right to counsel.
22:11As clear as its application to the federal courts, its applicability to state criminal proceedings has been a continuing source of controversy and litigation.
22:21We cannot emphasize enough how offensive and egregious to the idea of fundamental fairness it is to continue to allow poor persons charged with crime to stand alone before the state tribunal deciding their fate without the benefit of counsel.
22:39We are joined by 22 states as friends of the court who argue that Betts was an anachronism and it should be now overruled. We agree.
22:48Precedent, reason, common sense and reflection require us to recognize that without an attorney, an accused could likely be signing his own death warrant.
23:00The judgment is reversed and the cause remanded to the trial court of Florida.
23:04So the Supreme Court struck down Betts versus Brady, and in doing so, they effectively created the public defender system we now have in every state.
23:17Today, everyone who's put on trial has the right to an attorney.
23:21Clarence Gideon won his Supreme Court case, but he still had to go back to court to try to win his freedom, this time represented by a lawyer who knew what he was doing.
23:31Now you get to be the jury. Watch what happens when the same witness testimony is handled by a savvy attorney.
23:38Then you decide if Clarence Gideon is guilty or not guilty.
23:44Ladies and gentlemen of the jury, this is the case of the people of the state of Florida against Clarence Gideon, the defendant.
23:52The defendant is charged with breaking and entering into a business and stealing property while in the course of that break-in.
24:01It is the burden of the people to prove beyond a reasonable doubt that Mr. Gideon committed those crimes.
24:06At the conclusion of all the evidence, I will give you a jury instruction, and you will be asked to deliberate to determine whether or not the people have sustained their burden, which I again repeat is beyond a reasonable doubt that the defendant committed the crime of burglary.
24:22Are the people ready?
24:23The people are ready, Your Honor.
24:24Defense ready?
24:25Defense is ready, Your Honor.
24:26Note your appearance.
24:27For the great state of Florida, I'm Dan Menser.
24:30And Larry Backman on behalf of Clarence Earl Gideon, Your Honor.
24:35You wish to make an opening statement?
24:36I do, Your Honor.
24:37You may proceed.
24:39Clarence Gideon is guilty of burglary.
24:42That man sitting right over there broke into the Bay Harbor pool room on June 3rd in the early morning hours, and he stole property.
24:50The case really is that simple.
24:52Now, whether Mr. Gideon went to trial himself, or whether he has the help of a seasoned defense attorney like Larry Backman, he's still guilty of burglary.
25:02And at the end of this case, we're going to ask you to examine the evidence and find that man guilty of burglary.
25:09Thank you, Mr. Menser.
25:11Mr. Backman.
25:12Thank you, Your Honor.
25:13This is an opening statement.
25:15Opening statement is really a preview of coming attractions.
25:20And what you're going to see in this trial is the prosecution's case falling apart.
25:26Their case hinges on really the testimony of one individual, Henry Cook.
25:32And at the end of the day, I'm going to ask you to return with a verdict of not guilty in this case, because the people have failed to prove every element of the offense beyond a reasonable doubt and to a moral certainty.
25:47Thank you, Mr. Backman.
25:48Mr. Menser, call your first witness, please.
25:50The prosecution calls Henry Cook.
25:53You may inquire.
25:57Thank you, Your Honor.
25:58Mr. Cook, I'm going to call your attention to June 3rd at approximately 5.30 a.m.
26:04Where were you at that date at that time?
26:06I was on the street in Bay Harbor near the Bay Harbor pool room.
26:09Did you notice anything unusual while you were in the vicinity of the Bay Harbor pool room?
26:13Yes, I actually saw Gideon coming out of the door of the pool hall.
26:16What was Mr. Gideon holding, if anything, in his hands that morning?
26:21He was holding some wine in his hands, and I also had noticed that his pockets were bulging, but I couldn't see what was inside.
26:27Now, what did you do after seeing Mr. Gideon behind the pool hall with bulging pockets and wine in his hands?
26:34Well, I noticed that he was walking down towards the drugstore, which, after he got into a phone booth, after a few minutes, he got out of the phone booth.
26:43He waited a little bit, and then a cab drove up, and he got into the cab and he drove away.
26:47Now, were you able to observe the cab driver who drove him away?
26:51Yes, it was a gentleman named Preston Bray.
27:02Hey, Preston.
27:03Hey, Clarence. What's up, buddy?
27:05Oh, I had it going tonight in Nineball. Ran cook off the table. Time to celebrate.
27:11Nice. I'll have some of that in my coffee when I get off.
27:15Mmm. Where to?
27:17Panama City, my man.
27:19Hey, Preston. Things are still a little rocky with me and the old lady, so don't tell anyone you see me tonight, all right?
27:26Yeah, I got you. Why would tonight be any different than every other night, right?
27:30You said it.
27:32Now, what did you do next?
27:39I walked back to the pool room and I saw that it had been broken into.
27:42Did you speak with the officer who showed up that morning at the pool room when you were there?
27:46Yes, sir.
27:47And did you tell him what you saw?
27:48I told him everything I saw.
27:49Thank you so much, Mr. Cook.
27:51Mr. Backman.
27:52Thank you, Art.
27:53So, Mr. Cook, this isn't your first time testifying to a jury in a case against my client, is it, sir?
28:01That's correct.
28:02Now, in this particular case, sir, you claim that you happen to be outside the pool hall at 5.30 in the morning?
28:10Yes?
28:11Correct.
28:12You had been given a drive by your friends from 60 miles away and you all parked in front of the pool hall instead of being driven two blocks away where you lived, correct?
28:23That's correct.
28:24And the reason you're friends and you parked two blocks away from home was because you're the ones who were stealing from inside the pool hall.
28:32Absolutely not.
28:33Well, the police arrived later that day and you claim to have told the police that you had no doubt that it was Clarence Gideon outside the pool hall. Is that right?
28:44No doubt.
28:45And you, in fact, lied to the police, did you not, when you identified my client?
28:51No, I did not.
28:52Well, later that morning, sir, you had a conversation with the grocer that was nearby the pool hall. Is that right?
29:00Yes, I did.
29:01You had a conversation with Mr. Henderson, the grocer in the area, and you admitted to Mr. Henderson you weren't sure who you saw outside the pool hall, yes or no?
29:14I didn't want to be the talk of the town.
29:16So the answer to Mr. Henderson's question as to who you saw outside the pool hall was, I'm not certain. Do I have that right, yes or no?
29:28Yes, but I said...
29:29Thank you. Nothing further.
29:31You're excused, sir.
29:33Next witness, please.
29:35The prosecution calls Detective Duell Pitts.
29:38You may inquire, Mr. Mentor.
29:39Thank you, Your Honor.
29:40Detective, I'm going to ask you some questions about the morning of June 3rd. Were you working that day?
29:45Yes, I was the detective investigator on duty that morning, assigned to investigate any felonies reported on that day.
29:51And were there any felonies reported that day that you investigated?
29:55Yes, I received a call that there was a burglary committed in the Panama City, uh, Bay Harbor area.
30:01What did you observe when you went to the Bay Harbor pool room that morning?
30:04The cigarette machine was busted open from the front. The jukebox machine was also broken into with a money bag lying next to it.
30:11Detective, did you in your investigation conduct an inventory search with the owner of the place, Ira Strickland?
30:18Yes, I spoke with the owner, Ira Strickland. He gave me a detailed list of what he says was stolen.
30:23What did Ira Strickland tell you was removed from his pool hall that morning?
30:27Twelve bottles of Coke, twelve cans of beer, and four-fifths of wine.
30:30Did Mr. Strickland tell you that any money was removed from his pool hall?
30:35Yes, he believed that sixty dollars in coins was taken from the jukebox and five dollars in coins from the cigarette machine.
30:41Detective, were you given some information that led you to arrest Clarence Gideon?
30:45Yes.
30:46And when you arrested Mr. Gideon, did you search him incident to that arrest?
30:51Yes.
30:52And did you recover any money from his pockets?
30:55Yes, he had twenty-five dollars and twenty-eight cents in quarters, dimes, nickels and pennies in his pockets.
31:00Thank you, Detective.
31:02Mr. Backman.
31:03Thank you, Your Honor.
31:04So, Detective, you've been doing this job for a while, is that right?
31:07Yes, that's correct.
31:08And so, in terms of the person that places my client, Mr. Gideon, outside the pool hall, that was Henry Cook, correct?
31:16That's correct.
31:17And tell me, you then went to locate my client, Mr. Gideon, yes?
31:24Yes, that's right.
31:25You found them at a bar, is that right?
31:27Yes, that's correct.
31:28And tell me, when you found Mr. Gideon, did he have twelve cans of soda with him?
31:33No, he did not.
31:34Did you find any cans of beer with him?
31:36No, I did not.
31:37So, what I want to ask you, Detective, is, apart from Henry Cook's testimony, you had absolutely no evidence, tying my client, to being inside the pool hall, did you?
31:51No, I did not.
31:52No further questions.
31:53Witnesses excused, thank you very much.
31:55Any other witnesses, Mr. Mencer?
31:58No, Your Honor, the state of Florida rests.
32:00Thank you, sir.
32:01Mr. Backman?
32:02Thank you, Your Honor, I'm going to call Preston Bray.
32:04You may inquire.
32:06Thank you, Your Honor.
32:07Mr. Bray, what do you do for a living if you tell the jury, please?
32:10I'm a cab driver.
32:11And do you know Mr. Gideon, who's seated to my left?
32:14Yes.
32:15And how do you know him?
32:17Well, I give him cab rides and we have coffee at my place almost every day.
32:21And so, directing your attention to June 3rd, did you give Mr. Gideon a cab ride somewhere?
32:28Yes, I did.
32:29All right, so let me focus on what you observed when you saw Mr. Gideon that morning. Did he have any cans of soda with him?
32:37No, he did not.
32:39Did he have any cans of beer with him?
32:41No.
32:42Did he have a bottle of wine that was partially consumed with him?
32:46No, he did not.
32:47And tell me, did the pants look like they were holding an immense amount of coins?
32:53No.
32:54Mr. Bray, tell the jury, how were you paid by Mr. Gideon for the cab ride?
32:58With six quarters.
33:00I have nothing further.
33:01Any questions?
33:02Oh, yes, Your Honor.
33:03You may inquire.
33:04Thank you, Your Honor.
33:06I just want to make sure I have this straight, Mr. Bray.
33:10This man seating in court, the defendant Clarence Gideon, is your close friend?
33:14Yes, he is.
33:15Now, you learned that he was charged with burglarizing the Bay Harbor pool room, right?
33:20Mm-hmm.
33:21Yeah.
33:22And he asked you to testify in court to help him, didn't he?
33:26I assume, yeah.
33:27And knowing that he was accused of leaving the Bay Harbor pool room with a bottle of wine, you knew that by saying you didn't see any wine in his hand that you would be of help to him, right?
33:38Yes.
33:39I'm sure that's why he asked me.
33:40And you know that by saying that you didn't see pockets bulging with coins, that that was going to be helpful testimony to getting your friend Clarence Gideon off of this case, right?
33:53I suppose so, yes.
33:54Your friend Clarence Gideon, before he left your cab that morning, said, if anyone asks you where you left me off, you don't know. You haven't seen me, right?
34:05That's what he said, yeah.
34:07Thank you, Mr. Bray.
34:09Redirect, Your Honor.
34:10You may inquire.
34:11Thank you, Your Honor.
34:12Mr. Bray, I want to ask you, you've known Mr. Gideon for a while, have you not?
34:16Oh, yeah.
34:17Would you describe yourself as a good friend?
34:19Very good friend.
34:20And you've been personally present to see that he and his wife argue over his alcohol use, is that correct?
34:26Putting it mildly, yeah, that's happened frequently.
34:29So in reference to the statement you made attributable to Mr. Gideon when you dropped him off, how did you interpret that statement?
34:39Yeah, I reckon it was on account of the trouble that he's having with his wife.
34:44Hey, Preston, things are still a little rocky with me and the old lady, so don't tell anyone you've seen me tonight, alright?
34:51Yeah, I got you.
34:52Why would tonight be any different than every other night, right?
34:55I have no further questions.
34:58Mr. Mensah.
35:00When Mr. Gideon told you right before he left that cab that morning, you haven't seen me, you believe it might have had something to do with his wife, right?
35:11Right, yeah.
35:12But you don't know for certain?
35:15No, but...
35:16You don't know if he meant to say, you haven't seen me because I just robbed the Bay Harbor pool room.
35:21Objection.
35:22Speculation.
35:23Sustained.
35:24Anything else?
35:25Witnesses excused.
35:26Thank you very much, sir.
35:28Anything else, Mr. Backlund?
35:30Call Clarence Gideon to the stand.
35:32Thanks, Jen, sir.
35:33You may inquire.
35:34Thank you, Your Honor.
35:35Mr. Gideon, back on June 3rd, sir, did you break into the pool hall?
35:48No, I didn't.
35:49Did you steal money from either of the machines inside the pool hall?
35:51No.
35:52And when you got into Preston Bray's cab, did you have any bottles of wine?
35:59No, I don't drink wine.
36:01Did you have any cigarettes with you?
36:04No, sir.
36:05Now, tell me, on the morning of June 3rd, you were arrested.
36:09Is that right?
36:10That's correct.
36:11And when you talked to Detective Pitts and he asked you questions, you denied stealing any money from the pool hall?
36:18Of course I did.
36:19Because you didn't do it, did you?
36:20That's correct.
36:21That's correct.
36:22And to end your testimony before this jury, Mr. Gideon, tell the jury, sir, how much money did you have on you when police arrested you that morning?
36:32I had approximately $26.
36:35Where'd you get the $26?
36:37I won it gambling.
36:39That's how you make your money?
36:40Yeah.
36:41When I can.
36:42Certainly not by stealing and breaking in to pool halls, is it?
36:45No, sir, never.
36:46No further questions.
36:48You may inquire, Mr. Mensah.
36:49Thank you, Your Honor.
36:50Mr. Gideon, you heard Henry Cook say that he saw you in the vicinity of the Bay Harbor pool room at about 5.30 a.m. on the morning of June 3rd, correct?
37:01You heard that?
37:02Yes.
37:03And that was true, correct?
37:04Yes, that's true.
37:05You heard Henry Cook testify to this jury that he saw you that morning step into a taxi cab and leave the area, correct?
37:14Yes, I heard that.
37:15And when Mr. Cook said that, he was also telling the truth, wasn't he?
37:18That was true.
37:19He even got the cab driver right, didn't he?
37:21Yeah, he did.
37:22In fact, when Henry Cook said that your pockets were bulging, your pockets were in fact bulging with coins, weren't they?
37:30What do you mean bulging?
37:31Well, you had $26 worth of coins in your two pockets, correct?
37:36Yeah, that's correct.
37:37Yeah.
37:38But you didn't take those coins from Ira Strickland's pool room, did you?
37:42No, sir.
37:43I most certainly did not.
37:44Were you walking down the street with a pocket full of coins for any particular reason that morning, Mr. Gideon?
37:50Yeah.
37:51I don't leave money at my apartment because I don't trust no one.
37:54Now, did you have a steady job at the moment at the time that you were arrested?
37:57No, I did not.
37:58And it's your testimony that you make the money that you need to pay the rent by your gambling job, right?
38:05Most of the time that works.
38:06But as a gambler, sometimes you win, sometimes you lose, right?
38:09Of course.
38:10Thank you, Mr. Gideon.
38:12Anything else?
38:13No further questions.
38:14Witnesses excused.
38:19Anything else, Mr. Backlund?
38:20No, Your Honor.
38:21Defense rests.
38:23People, no rebuttal witnesses.
38:25No rebuttal, Your Honor.
38:26Okay.
38:27I'll hear closing arguments.
38:28Mr. Mensah, you wish to be heard.
38:30Thank you, Your Honor.
38:31Here's the news flash here.
38:33Clarence Gideon is still guilty of burglarizing the Bay Harbor pool room on the morning of June 3rd.
38:39Now, I will give it to Mr. Backman who made some clever arguments.
38:42Some pretty ridiculous arguments.
38:45Like, Henry Cook is the real perpetrator.
38:48And if it was Henry Cook, well, where are the proceeds?
38:51Henry Cook's pockets are not filled with coins that were removed from the cigarette machine and from the jukebox.
38:59Henry Cook didn't have any wine, beer, soda on him either.
39:03Henry Cook is not guilty.
39:05In this case, ladies and gentlemen, the evidence is all there for you.
39:09You have direct evidence from the testimony of Mr. Cook.
39:13You have circumstantial evidence from a man whose pockets are jam-packed full of coins.
39:19The only thing left for you to do is to tell this man what he already knows.
39:26He's guilty.
39:27Thank you, Mr. Mentor.
39:31Mr. Backman.
39:32Hi, ladies and gentlemen.
39:34This is my closing argument.
39:36Mr. Gideon is charged in this case with breaking and entering and essentially burglarizing the pool hall.
39:44And you have stolen sodas, stolen smokes.
39:49You have wine that was taken and coins that were taken.
39:53Interestingly enough, what did the detective find on my client?
39:57No smokes, no soda, no wine.
40:01There was absolutely nothing, nothing to put Gideon outside the pool hall.
40:08What you have, or rather I should say, what the prosecution has is Cook.
40:14Cook can't be believed.
40:17He stands before you.
40:19He testifies from this witness stand.
40:22I saw this guy.
40:24Positive on the identification, folks.
40:27And yet, minutes later, what does he tell the grocer?
40:32I'm not sure at all.
40:34How do you reconcile those two inconsistent statements?
40:40The best they've got in this case is the fact that my client had coins in his pocket.
40:48Are you so willing to convict my client of a felony by discounting his claim that he won money from gambling and accept the word of Henry Cook?
41:03I certainly hope not.
41:05The prosecution has failed to prove this case beyond a reasonable doubt.
41:11And because of that, my client is entitled to a verdict of not guilty.
41:16And that's what I hope you return.
41:20Thank you, Mr. Beck.
41:22Members of the jury, you have now heard all of the evidence in this case.
41:27And this court charges you to now deliberate and to determine whether the people of the state of Florida have proven beyond a reasonable doubt that Clarence Gideon committed the crime of burglary.
41:41Thank you. You may retire.
41:46Court come to order.
41:47Your Honorable Judge Judy Scheiling presiding.
41:50The jury has reached a verdict.
41:52Kevin, can you hand me that verdict sheet, please?
41:54Mr. Gideon, would you please rise?
42:01The jury has deliberated and at this time has returned its verdict and finds you not guilty of the crime of burglary.
42:15This case is dismissed. You are free to leave, sir.
42:30We now take having an attorney represent us as a basic American right.
42:34But as we've shown only 60 years ago, it wasn't.
42:39It makes me wonder how many people went to jail before Clarence Gideon just because they were poor.
42:47The American justice system is always evolving, not written in stone, but with an elasticity that strives to make it better.
42:56It looks like this.
42:59The first time, the Meeting ofhum
43:06It is the right age of Zebulot of L
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