This Criminal Crime Reporter article reports on the talk that one of Richard Scrushy’s attorneys — Jim Jenkins of Atlanta, Ga. — gave at the at the recent National Association of Criminal Defense Lawyers – Georgetown University White Collar Crime conference. The article provides a fascinating glimpse of the behind-the-scenes story of how the Scrushy defense team developed and implemented its defense of Mr. Scrushy against the government’s charges. Previous posts on the Scrushy case may be reviewed here, here, here and here.
Hat tip to Ellen Podgor for the link to the piece on Mr. Jenkins’ talk, which she notes was “the most popular event” at the conference. I can see why, as the article relates numerous solid observations regarding defending a complex business case, the most important of which is to communicate with integrity a simple and straightforward theory of the case to the jury, and to remind the jury of that theory throughout the trial. Cases such as the Scrushy case are nearly impossible to win in the court of public opinion, but — even with the overwhelming odds in favor of the prosecution in such cases — they can be won in the courtroom.