CLAREMORE PROGRESS FRIDAY, NOVEMBER 6, 2009
The making of an American criminal trial attorney
By JOY HAMPTON
(Editor’s Note: This is third in a four-part series on
Claremore attorneyJack Gordon, Jr., and some ofRogers
County’s most infamous murdertrials.)
Some things burn in a man’s craw and hejust has to do somethingabout it.
Claremore attorney Jack Gordon, Jr. defended his first murder case in 1975. Despite a confession and strong evidence against his client, he got her off on manslaughter with asuspended sentence handed down by the judge.
“There was nothingartful about it,”said Gordon. He felthe had done a poor jobas a trial attorney and
was determined to get better.
To that end, heattended a week longcourse put on by theAmerican TrialLawyers Association. It was in Reno, Nev.and it was expensive.
“I didn’t have ahell of a lot of money,but I told my wife, ‘ifI’m going to continueto do this, I need togo,’” said Gordon.
The best triallawyers in the country taught the specialworkshops on jury selection,opening statements, direct and crossexaminations,closing arguments, andthe psychology of trials.
Now an experienced trial attorney,Gordon teaches his art to other younghopefuls. In his opinionjury selection andopening statement arethe most critical elementsof a gooddefense.
In Gordon’s openingstatement he tellsthe jury the story ofwhat he’s going toprove. That statement
must be factual, he said, or he will losecredence with thejurors at the end of thetrial.
He must provewhat he says he willprove.
“If I but tell one lie,they’ll give it back tome in spades,” he said.
Gordon said hedoes not ask a client ifhe or she is guilty orinnocent.
“Doesn’t make anydifference,” he said.
True to criminaltrial ethics, Gordonbelieves in his role inthe system, and thatevery person accused
of a crime is deservingof the best possibledefense. He startspreparations fordefense by sending out an investigatorto gather the facts.
“It’s my job,” he said . “I’m verydedicated to my clients. My clientscome first in my life.”
While Gordon works with othermembers of the AmericanCollege ofTrial Lawyers in death penalty casesfrom time to time, in general, he’s aloner. He prefers to handle his ownjury selection rather than relying onexperts in that field as is popular withsome attorneys these days.
“I don’t delegate authority verywell, and I don’t work with other peoplevery well,” he said, grinning.
Over the years, Gordon has defended clients charged with white and blue collar crime, rape, child molestation, armedrobbery and murder.
“I’ve never defended anarson case, which are very veryinteresting , by the way,” saidGordon. “It’s a dangerouscrime, arson. The most dangerouscrimes are arson, armedrobbery and murder becausesomeone can get killed in anyone of those.”
In general, he finds thosewho’ve committed armed robberyas not bright but very dangerous. It’s a crime that seldomturns out well for either victimsor perpetrators. Despite thenumber of clients charged withviolent crime he’s defended, Gordon has not been concernedfor his personal safety.
“I’ve never been afraid of aclient,” said Gordon. But hewas bothered by one, JackieRoberson, long after the trial.
“He’s dead now, shot in theback by a cop.”
Roberson came toOklahoma by writ out of SanQuentin. He was charged withkidnapping and armedrobbery. Roberson had long, stringy redhair, a mustache and tattoosrunning up his forearms.
“He was one mean lookin’dude,” said Gordon.
That had to change beforethe jury saw him. To getRoberson ready for trial,Gordon had his hair cut, shavedhis mustache, and bought along-sleeved white shirt andblack pants for his client towear. It was a court appointmentand there was no money,so Gordon paid for the clothesout of his own pocket.
It worked. Under the mustache,Roberson had a babyface.
“Jackie looked as clear asthe driven snow,” said Gordon. “He looked like one of thoseregular Joes off the street.”
Later Roberson wasreleased and came to visitGordon. He was scary and thefeeling was “eerie,” said
Gordon. He wanted some propertyback and thought Gordoncould arrange it.
“He was a killer,” saidGordon.
While Gordon believes it isimperative to tell the story theevidence will prove in theopening statement and then followthrough as one of the mostimportant aspects of the case, awell done closing argumentseals the deal.
“I always ask rhetoricalquestions in closing argument,”he said.
During a trial, he’ll pick oneor two jurors that he believesare with him and will make eyecontact and talk specifically tothem. In Oklahoma, criminaltrials require a unanimous verdict.
In one case, Gordon got the“not guilty” verdict and somesurprising feedback afterwardsfrom a juror.
“After the trial, a lady on theback row wanted to be on permanentjury duty,” he said. “She said she had never been sointerested and challenged in herlife.”
Gordon takes death penaltycases as a way of giving back.
“I owe it to the Bar and tothe people of my community,”he said.
Attorneys in virtually alldeath penalty cases are appointed,he said.
“Nobody can afford to hire aprivate lawyer in a death penaltycase,” said Gordon.
While some members of thecommunity may not understandthe importance of this service,it is part of the American systemwhere we have the presumptionof innocence untilproven guilty. The OklahomaIndigent Defense System is anintegral part of protecting thisAmerican liberty.
“They’re damn goodlawyers and they’re dedicatedand they care,” said Gordon. “Not every state has that.”
Gordon’s first death penaltycase is still the most notoriousone, and he credits it as the casethat made him the attorney he istoday.
In that case, Gordon defendedGary Allen Walker forkilling 25-year-old Tulsa radioreporter, Valerie Shaw-Hartzell.
To be continued...