MOVIE REVIEW NUMBER 1

The Pantheon of Legal Movies would not be complete without "My Cousin Vinny." It is a great story becuase it is so real, and so damned funny.

Vincent Gambini learns about discovery, exculpatory evidence, and the Alabama Criminal Code in the run-up to the trial. He learns all of this by spending long hours reading documents sent over by Mr. Trotter, the District Attorney, interviewing witnesses, and going to the scene of the crime. Perry Mason did this, but without the same flair. Matlock did this, but with better suits.

The problem with putting this movie in the Pantheon of Legal Movies (from the perspective of law professors) is that they would like to think that they would just start talking and the jury would say, "Oh, the defendants are obviously not guilty. Professor Smithers is just sooo smart." But the reality is that Vinny busted his ass to get ready for the big show, and the preparation paid off. And sometimes, when you are looking at the seemingly idiotic picture of tire tracks, you have an epiphany. Sometimes, the witness with the least promise becomes the nail in the Government's coffin. Unfortunately, not all witnesses look like Ms. Mona Lisa Vito.

As an aside, I have had clients come to me, after an arrest for something that they did not do (because Defendants are never guilty of anything other than being in the wrong place at the wrong time). They always ask if I can just get the case dismissed.

Judge: "Counselor, how does your client plead?"

Me: "Your honor, he says that it was all a misunderstanding."

DA: "He's right, your honor. Our bad."

Judge: "Well then, case dismissed."

And to think that we lawyers spent all of that time and money going to law school when all we have to do is say that it was just a big misunderstanding. Why even have a lawyer? Anyone can say it was a misunderstanding. Oh, wait, maybe we can't do this because there is stuff called evidence, because there are things like police reports, and witness statements, and criminal complaints.

Sometimes you have to hit the State where it lives, and to be aggressive with their witnesses. Sometimes, the witnesses have been induced to testify (in exchange for a lesser sentence) and this can carry the day for the Defendant. Sometimes, the witnesses just didn't see what they thought that they saw. And sometimes, the Government's case is just a house of cards.

Fun Fact: Lane Smith, who played DA Jim Trotter, III also played Fred Turner in the excellent "Gideon's Trumpet." The late Fred Turner was the folksy lawyer from Panama City, Florida that was appointed to represent Clarence Gideon following the Supreme Court of the United States' review of his appeal. Fred Turner later became a judge in the Circuit Court in Panama City. He was a great left-handed golfer, like my father, and was a friend of mine. Judge Turner always joked that his grave marker would say, "Here Lies Gideon's Lawyer."