The Last Trial by Scott Turow Mid-Trial

In my last post I started a review of The Last Trial by Scott Turow. I continue that review in this post. I will conclude the review in my next post. All the posts contain discussion of the book and personal thoughts of myself - a lawyer for 45 years.

****

Turow is outstanding at presenting expert witnesses without getting lost in the technical details.

Regulations on drug testing, the double blind studies and protocols on reporting could be of modest interest but, with lives at stake, Turow makes the evidence compelling. Marta is tasked with questioning the experts. While Turow barely mentions in passing the time needed to prepare such a cross-examination a real life Marta would have spent hours and hours. Her questions blunt some of the force of the experts. (It is a rare circumstance when a lawyer can challenge an expert. They simply have more knowledge of their subject than lawyers. I did have the chance to ask questions of prominent doctors at the Royal Commission of Inquiry Into the Canadian Blood System. Other lawyers were both more interested and capable of asking technical questions. I was able to get some answers on issues important to my clients by asking questions that dealt with the circumstances facing my clients. I sought to personalize what was too often, to my thinking, an abstract process.)

Beyond his skill with presenting complex evidence Turow can maintain, even increase, drama by introducing points of law whose decisions alter the plot. Few authors of legal fiction can sustain interest in legal questions. His explorations of law are clear and concise. It has been a puzzle to me why Turow has not won the Harper Lee Prize for Legal Fiction. The Last Case will be a strong contender in 2021.

In a major criminal trial there will be emotional moments. In The Last Case tension was high when Lep, Kiril’s son and colleague, testified against his father under a grant of immunity from prosecution. His evidence supports the prosecution’s position that his father adjusted the data to remove unfavourable information from the study on the safety and efficacy of g-Livia. (It is hard to watch a child testify against a parent and harder yet to question the child. Few parents want an aggressive cross-examination.)

While cross-examinations may be carefully prepared the best trial lawyers can depart from their plans in an instant when they see unexpected opportunity from the answer of a witness. Stern shows a deft touch in adjusting his questions as he cross-examines a newspaper reporter concerning sources. One of the charges is severely weakened. (I recall a trial where I asked the alleged victim what he had been doing before the alleged assault. To my surprise he said smoking marijuana. I went on to ask how often he smoked and he said 2-3 times a day. Then he started laughing and when I asked if he thought court was funny he said I was a joke. At that moment the judge intervened. It is not hard to imagine what the judge thought of his credibility.)

There was a memorable moment when, after Stern has breakfast and discussion with a lovely 70 year old woman who is an important witness for the prosecution, she kisses him upon the cheek. (I can guarantee I have never had that experience. I have always been reluctant to talk to Crown witnesses but not because they might kiss me. In Canada the defence will always have disclosure of their evidence well before trial. In a pre-trial interview you can do no more than potentially add to the particulars of their evidence. Any actual cross-examination in an interview could be intimidation.)

There was a Hollywood worthy cross examination by the old lion in which Stern, with the aid of some information from Pinky devastates a witness. It was such a rare complete evisceration that Turow had the judge comment it was the first time she had seen such a cross in her decades as lawyer and judge.

As the trial proceeded I saw Stern and Marta minimizing the impact of prosecution witnesses and setting up closing arguments that the State had failed to prove the charges beyond a reasonable doubt but there was misconduct. If not the accused juries like a plausible alternative and the Sterns did their best to deliver.

Despite resting most evenings, as the end of the trial neared Stern is ever more weary, even exhausted. (I know the all encompassing tiredness coming from the tension and concentration of a trial. It is magnified every day a trial proceeds.)

At times Stern doubts himself. Few lawyers do not have doubts on occasion. (At such moments I remind myself that I learned in first year law school you can do no more than your best.)

****

Turow, Scott – (2000) - Personal Injuries (Third best fiction of 2000); (2003) - Reversible Errors (Tied for the best fiction in 2003); (2007) - Ordinary Heroes; (2011) - Innocent; (2012) - One L (My Review) and One L (Michael Selnes review) and Thoughts on Reviews of One L by Myself and Michael; (2014) - Identical; (2018) - Testimony and Lawyers and Opportunities in International Criminal Courts; (2020) - The Last Trial - Opening; Hardcover

The Last Trial by Scott Turow Opening

(28. - 1053.) The Last Trial by Scott Turow - (Having practised law for 45 years the prologue pierced me.) An aged lawyer collapses unconscious in the courtroom. (I know of one lawyer who, a few years before I started to practise, collapsed and died in a Saskatchewan courtroom) Lifted upon the table for defence counsel his client, a doctor almost as old, tries to save him:

The prosecutors and the security officer have stepped back. Perhaps they mean to give the doctor room, or perhaps, like everyone else here, they find the sight of the old lawyer motionless on the table, like a Spartan on his shield, stark and horrifying.

The lawyer is Alejandro “Sandy” Stern. He is 85. In his opening address to the jury he tells them it is his last case. Stern has spent 59 years in courtrooms. His emotions are mixed.  Turow delves deeply into the psyche of the 85 year old Stern. (While I have not conducted my last case I identify with Stern.) 

At the defence table with him are his daughter, Marta, and his granddaughter, Pinky. Marta and Stern have been partners for decades. While they can be sharp with each other outside the courtroom they are a formidable team within. Pinky, a nail in her nose, has a fine mind and a reckless past that has seen her Grandfather appear with her on numerous occasions as she faces criminal charges, usually related to drugs. She is working for the firm as a paralegal (I do not have my sons with me in trials though each spent a summer with me at the office. Both are now litigators in Calgary. I do have a young woman in our office I am proud to have with me in the courtroom. She is as important to me as Marta is to Stern.)

And now Marta has decided to retire adding further poignancy to the trial. It will also be her last trial. The firm will come to an end.

Stern’s client is Kiril Pafko, a fellow emigre from Argentina. Pafko is a Nobel Prize Winner for Medicine. He shared the Prize with two other doctors for research connecting a mutation in a protein to several forms of cancer. He subsequently founded a pharmaceutical company, Pafko Therapeutics. More recently Pafko led the way in Pafko Therapeutics in developing a breakthrough drug, g-Livia, for fighting lung cancer. It is a drug which saved Stern’s life.

Unfortunately, a number of people have died from allergic reactions while taking g-Livia. Pafko is charged with murder and fraud with regard to the drug. Did he falsify data in a drug trial leading to more deaths? Did his sale of millions of dollars in stock in the name of his grandchildren when he learned of a pending newspaper story on the drug trial breach securities law and constitute fraud? It is a daunting set of charges.

Stern recommended to Pafko that he retain other counsel. Pafko brushes aside Stern’s concern over remaining objective while repreenting a friend of over 40 years and Stern’s recognition that he is not the counsel of his younger years. Pafko is certain that Stern is his best chance at acquittal and will not consider another lawyer. (In real life I cannot see representing a good friend who is facing major criminal charges. The pressure upon the “friend” relationship and the extra stress of representing someone close to you is too great a responsibility.)

I appreciated that Stern’s opponent U.S. Attorney, Moses Appleton, is an upright, even fierce, defender of the court process. Robert Rotenberg also portrays defenders and prosecutors in a balanced way.

It is a pleasure to read a book by a great craftsman. You have no need to be a lawyer to appreciate how Turow creates an intricate trial filled with fascinating characters, important issues and great drama. Turow is a master of guilt ambiguity. Starting with Presumed Innocent where we wonder if Rusty Sabich was guilty or innocent. In The Last Case did Kiril act criminally? 

The trial proceeds with the well prepared defence deflecting or minimizing damaging evidence. 

Stern must conserve energy. The high level of concentration required during a trial drains him. He does not spend the hours at night in trial preparation that are involved in most trials. (17 years younger than Stern I find myself tired at the end of a full day in court but can still spend the time needed at night though I doubt I would ever conduct a multi-week trial.)

Kiril is determined to testify. However, beyond his legendary charm Kiril has no explanation for several damning pieces of evidence. (Surely Stern and Marta will not indulge Kiril. Were the case in Canada I would have sought a judge alone trial for the subtleties of their legal defences are best presented to a judge. Juries are better suited to cases where the defence is focused on facts.)

(My next two posts will continue the review and my personal comments.

****

Turow, Scott – (2000) - Personal Injuries (Third best fiction of 2000); (2003) - Reversible Errors (Tied for the best fiction in 2003); (2007) - Ordinary Heroes; (2011) - Innocent; (2012) - One L (My Review) and One L (Michael Selnes review) and Thoughts on Reviews of One L by Myself and Michael; (2014) - Identical; (2018) - Testimony and Lawyers and Opportunities in International Criminal Courts;

Foresight by Ian Hamilton

(27. - 1052.) Foresight by Ian Hamilton - After reading Fate, the first in the “Uncle” Chow Tung trilogy I was anxious to read the second. I found it in Saskatoon a week ago. I enjoyed it just as much as Fate.

Foresight moves 12 years into the future from Fate. It is 1981 and the Fanling triads, led by Uncle, are seeking new means to make money. The Hong Kong Jockey Club has undercut the lucrative off-track betting shops of the triads by opening their own shops. Decreasing income has meant a cut in income for the triads. With rumours of discontent Uncle knows he must come up with a way for the organization to restore income and stay strong.

The core of the gang is utterly loyal as they know Uncle is devoted to making decisions that are best for all of them. He has none of the opulent trappings of a gang overlord. He continues to live simply in a one bedroom apartment sparsely furnished. His lone indulgence continues to be betting on the horse races. Where most of the world is drifting away race tracks, Hong Kong residents flock to the races.

He is resolute in refusing to sell drugs. It is not so much a matter of morality as he does not want the complications, especially of police pressure, that go with trafficking. More important, it would end his special arrangement with Inspector Zhang Delun of the Hong Kong police. Useful discreet exchanges of information and favours would cease if the Fanling triads were selling drugs.

In a discussion of the Fanling Triad executive Fong mentions their Mainland manufacturer of knockoff Lacoste shirts, Ming, is looking for investment to expand his business. Uncle also learns of the establishment of Special Economic Zones (SEZ’s) as the Chinese Communist Party seeks to expand the economy.

Normally a man who takes abundant time to make a decision, Uncle immediately goes to see Ming just across the border in Shenzen which is one of the first SEZ’s.. 

Uncle instantly sees China is changing and there are unique opportunities for those who are investing early in the new China.

At Ming’s factory Uncle can see an expansion would bring enormous profits for the Fanling triads. With their own night market in Fanling and access to markets throughout Hong Kong they can move a lot of product.

It was disconcerting how casually the Chinese businessmen pirate brand names. They have no reluctance to rip off the Western companies who own the brands. 

Uncle is adept at dealing with those who make decisions and quickly reaches an accommodation with Peng, an administrator, who can make approvals of business applications succeed or fail.

Uncle is vague about their backgrounds. Triads have been hounded out of mainland China. The People’s Liberation Army (PLA) would move instantly and violently against Uncle and his executive working on the Mainland if they knew they were triads.

While business is lucrative, problems are inevitable. Uncle’s thoughtful approach and pragmatism serves him well. I appreciated that problems were not solved by constant violence. I consider it a better thriller when killing is used sparingly to resolve issues.

Yet even the most thoughtful of men cannot see all the political machinations within China.

Uncle’s principles are severely tested. Uncle is a man who prizes loyalty. Yet will he keep his word and remain loyal even if it means his death? 

Foresight is an excellent portrayal of the start of great economic change in China. Risks are great. Rewards are greater. It took me 2 days to read Fate. I needed but 3 days for Foresight. I look forward to Fortune, the concluding book in the trilogy.

****

Hamilton, Ian - (2012) - The Water Rat of Wanchai; (2013) - The Disciple of Las Vegas; (2014) - The Wild Beasts of Wuhan; (2014) - The Red Pole of Macau; (2016) - The Scottish Banker of Surabaya; (2018) - The Two Sisters of Borneo; (2019) - The King of Shanghai; (2020) - The Princeling of Nanjing; (2020) - Fate

Exchange with Author A.J. Devlin

After reading Rolling Thunder by A.J. Devlin I put up my review and wrote a post on Stampede Wrestling which was my last post. I also wrote to A.J. I appreciate his prompt response. Our email exchange forms this post.

****

To: A.J.

While I thought Cobra Clutch was a rambunctious romp through professional wrestling it was tame compared to the wonders of Rolling Thunder.

I have written a sports column for 42 years focused on the Saskatchewan Roughriders of the CFL but have never covered roller derby. I can remember decades ago watching the dramatics of roller derby on television. While many professional athletes risk injury the mayhem of roller derby was unparalleled. I had not realized there remain active roller derby leagues. From the tone of the book am I correct you are a roller derby fan? If so, how long have you enjoyed roller derby.

The wrestling sequences in the book and the ending reminded me of the Stempede Wrestling of my youth over 50 years ago. I attach a copy of my next post for the blog on my wrestling memories. You are certainly aware of Stampede Wrestling. Do you have any connections or memories of your own?

I feel compelled to inquire if you have personal knowledge of kink clubs and BDSM parties. I note your acknowledgements did not refer to academic research. Did you perhaps undertake some personal research?

Some years ago Toronto author, Jill Edmondson, wrote a book, The Lies Have It, which featured the investigation by her sleuth, tough girl Sasha Jackson, into the death of a man who engaged in BDSM. Jill called her fictional group Bound for Glory. The inspiration was the real life group Northwood Leather. 

As well, Jill advised me that, while working as a bartender, she had some interesting experiences:

Full disclosure: All through college and university (eleven years fulltime, plus two more part time), plus during the phases when I was starting and aborting one career after another, I worked in bars.  Much of what ends up in the books is loosely based on things I’ve seen or people I’ve met in real life... usually in a bar, and usually when I was cutting them off, or when asking the bouncer to escort someone out.  A “movie producer” once tipped me a condom covered cucumber.  He had autographed the condom.  You can’t make this shit up!  I used to get tipped in hash quite a lot... I’m not a toker... why are people giving me hash???  Obviously, there are parallels between the hardboiled gumshoe world and my spotty bartending history.

In another exchange of emails I asked her:

In your real life experience as a bartender did you have a comparable experience to Sasha giving a free drink to a guy rather than handle his credit card which had been nestled inside “his skimpy red underwear”? It was a vivid visual image in the book. I well remember your cucumber story from our previous Questions and Answers.

She replied:

I wasn’t the one serving Mr. Red Undies; my friend Jennifer (in the book Jessica) served him.  She had nightmares for months about the warm card ;-)

Sidenote: A few weeks later, I knew Mr. Red Undies would be coming to The Pilot for lunch.
On my way to work, I detoured to a kinky sex toys store on Yonge and bought a pair of edible undies for him (red cherry, of course).  I handed the package to him in front of his lunchmates & everyone laughed their heads off!

Hammerhead is frequently at the family owned Emerald Shillelagh bar savouring one or more Guinness. Might you have worked in a bar and had some interesting real life experiences comparable to Jill that have inspired you or provided material for your writing.

If you are able to reply and willing, I would post this message and your reply as a post on my blog.

I expect Rolling Thunder will do well and look forward to the next book in the series.

All the best.

Bill

****

Hi Bill!

Thank you so much for reading Rolling Thunder and so quickly! And your review is terrific — thank you so much for your kind words, I’m absolutely thrilled you enjoyed it, and I will graciously share the link on my social media tomorrow.

I definitely lean harder into the humour, quirkiness, and all things offbeat in Rolling Thunder when compared to Cobra Clutch.

Ok, I want to get to all of your questions:

Yes, I am a big roller derby fan, but only really discovered it after writing Cobra Clutch and then searching for another fringe sport or unique subculture to have “Hammerhead” Jed venture into while working a case. It seemed like the perfect follow up backdrop for Jed’s sophomore adventure.

Stampede Wrestling was amazing! I remember watching it as a kid and while researching the “Hammerhead” Jed series I learned a lot about the Hart family and Stu Hart’s infamous dungeon where he trained so many legendary professional wrestlers.

Lol people keep asking me about the kink club! I don’t blame them, it’s a wild couple of chapters. Basically when I did a ride-a-long in the Downtown Eastside in Vancouver for Cobra Clutch my neighbour and VPD officer friend pointed out such a place. I then did a ton of research online and surprisingly learned these events are very well documented so I looked at hundreds of photos and learned of “the dungeon” and the apparatus there, the safety and staff protocols, and, of course, penis painting (100% real!). Lucky for me my wife didn’t check my computer's browser history when I was writing those chapters!

I will look into Jill Edmondson for sure. And I think Jed’s days with kink clubs are behind him moving forward! I’m currently working on book 3 and he catches a case set in the world of mixed martial arts. Like Jack Reacher, Jed is very much defined by his physicality, so I thought it would be interesting to explore what it would be like for him if he wasn’t automatically the biggest or toughest guy in the room.

I have never worked in a bar myself, but being 3/4’s of Irish descent, having visited Ireland and the Guinness storehouse with my wife before we had kids, and having a terrific Irish pub out here in my hometown of Port Moody, I couldn’t resist cooking up the Emerald Shillelagh as a “home base” if you will for Jed, Declan, and Frank.

I hope these responses answer your questions sufficiently and thank you so very much for your support. I’m still a newbie crime writer with a small Canadian publisher (although NeWest Press is on fire right now with all of their successful award nominated and award winning books so it’s a thrilling time to be working with them) but getting the word out about the “Hammerhead” Jed series on crime fiction blogs like Mysteries & More is awesome and I’m very grateful for the exposure.

All the best,

A.J.

****

Devlin, A.J. - (2019) - Cobra Clutch; (2020) - Rolling Thunder

Good Memories of Stampede Wrestling!

Reading Rolling Thunder by A.J. Devlin which involves professional wrestling in B.C. in the 21st Century brought back memories of Stampede Wrestling. Back in the olden days of the 1960’s when I was growing up on the farm at Meskanaw we had a black and white television set and 2 channels, CKBI from Prince Albert and CFQC from Saskatoon. As with many Western Canadians I was fascinated by Stampede Wrestling from Calgary. Stu Hart’s wrestlers and the announcer, Ed Whalen, were staples of my television watching.

Each week there was drama in and around the ring as the wrestlers battled each other.

I found it amazing how they could roar around the ring and fly through the air and occasionally be tossed outside the ring.

I think watching Stampede Wrestling was one of my inspirations for studying judo. They had to have some special training to be able to survive the throws and bounce back up again. As I worked my way to my first degree black belt in judo I came to appreciate how well those wrestlers had learned how to fall.

My first judo instructor, Jack Burroughs, had done some professional wrestling to supplement his income while he was serving in the Royal Canadian Air Force. To hide his identity from his superiors he wore a mask. He was one of the bad guys. With his big personality I expect he was a great bad guy.

I am sure I was in the minority in being interested in the techniques of Stampede wrestlers. Most people I knew were caught up in the action and their favourites.

I soon realized that professional wrestling was actually entertainment and the results were pre-arranged. I was surprised how many fans, especially women of mature years, viewed them as real fights and were outraged by the actions of the bad guys.

I do not remember many of the names of the wrestlers but I recall a series of epic confrontations between Dave Ruhl and Sweet Daddy Siki leading to the NWA North American Championship. Ruhl and Siki were household names throughout the West.

Outside the ring many of the wrestlers, especially the bad guys, were quick witted. They knew how to stoke the fires burning in the hearts of fans. They would fiercely threaten mayhem while Ed tried to remain stoic and keep possession of his microphone.

As I grew older I drifted away from watching wrestling. The WWE has never appealed to me. There is just too much choreography and too many long winded speeches.

In the 1990’s I came to know and love Bill “Buff” Reid who had worked at Stampede Wrestling as a protector before coming to Melfort to work as the trainer for the Melfort Mustangs. A big and burly man he would accompany wrestlers to and from the ring ensuring their backs were protected from over-excited fans. He said it was a challenge dealing with female fans as they had too many inappropriate places to grab. When he was protecting he wore a big black cowboy hat. As long as a wrestler could see the big man with the black hat was behind him he could focus on his persona. No one ever jumped a wrestler Buff was protecting.

I did have one evening in which I participated in professional wrestling. It was not the Stampede Wrestling organization but a different group that has faded away. As a member of the Melfort Rotary Club I led the way in having the wrestlers come to Melfort for a show. Unfortunately, we over-estimated the enthusiasm in Melfort for professional wrestling and lost money on the promotion. Still it was quite an evening.

The wrestlers were tough men. While the ring floor was designed to provide some give on throws a few times wrestlers ended up tumbling out of the ring and landing on boards placed over the ice of the local arena. I was impressed that they got back up again.

I had often wondered how real the action was when wrestlers hit each other with chairs. On that night it was very real action as they used regular arena chairs to bash one another. The City of Melfort was not amused and Rotary had to pay for 2-3 chairs that were broken by the wrestlers.

My special experience was being the ring announcer. Wearing a bright red bowtie and black suit I would step into the ring and enthusiastically proclaim the next match. There is not much left to do in life once you have been a ring announcer for professional wrestling.

****

(Vancouver) - Devlin, A.J. - (2019) - Cobra Clutch; (2020) - Rolling Thunder

2020 Winners of the Arthur Ellis Awards for Canadian Crime Writing

Earlier this evening the Crime Writers of Canada announced the winners of the 2020 Arthur Ellis Awards.

They are:

Best Crime Novel Sponsored by Rakuten Kobo

Greenwood by Michael Christie

Best Crime First Novel Sponsored by Maureen Jennings

Nobody Move by Philip Elliott

Best Crime Novella Sponsored by Mystery Weekly

The Red Chesterfield by Wayne Arthurson

Best Crime Story Sponsored by Mystery Weekly

Closing Doors by Peter Sellers

Best French Crime Book

Tempêtes by Andrée Michaud

Best Juvenile or YA Crime Book Sponsored by Shaftesbury

Keep This to Yourself by Tom Ryan

Best Nonfiction Crime Book

Murdered Midas: A Millionaire, His Gold Mine, and a Strange Death on an Island by Charlotte Gray

The Unhanged Arthur Award for Best Unpublished Crime Manuscript Sponsored by Dundurn Press

The Dieppe Letters by Liz Rachel Walker

Congratulations to all the winners!

Last night I put up a post, a link is below, about the Shortlist for the Best Novel Category in which I assessed them on the basis of "Which was the Hardest to Put Down". Fate by Ian Hamilton was my hardest. Greenwood, the winner, was second hardest. It is clearly a good book. I will be reviewing all of the books on the shortlist and putting up my thoughts on which was the best.

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https://mysteriesandmore.blogspot.com/2020/05/which-of-2020-arthur-ellis-best-novel.html