For the Defense with David Oscar Markus
True Crime
David Oscar Markus, a Miami trial attorney has been called “a reincarnation of the old school criminal defense lawyer” and has represented clients from the head of the Cali Cartel to Fortune 500 companies and their CEOs. David has partnered with rakontur, the lauded storytellers behind Cocaine Cowboys, The U and 537 Votes, on the podcast, For the Defense. The podcast focuses on the work of the least-respected but perhaps the most important profession in America: the criminal defense attorney. In each episode, Markus will interview a top criminal defense lawyer about one of their most gripping trials. Sadly, the criminal defense trial lawyer is a dying breed. The Feds have manipulated the system -- which was founded on the idea of trial by jury -- to force almost everyone (occasionally including the innocent) into pleading guilty to avoid trial. If you dare to go to trial, you risk going to prison for decades longer than had you surrendered and pleaded guilty. The system has shifted from valuing and encouraging trials to punishing those who dare exercise their constitutional right to have a jury decide their guilt. In the 1980s, over 20% of cases went to trial -- now less than 3% do so. Having tried cases all over the United States, Markus is well-positioned to speak to other leading criminal defense lawyers in the country and explore with them the decision they made in a high-profile case to proceed to trial, including their trial strategy, the risks involved, and the clients themselves. The podcast recently concluded Season 5. It has broken news, achieved industry-wide accolades, and is the go to listen for trial lawyers around the country. CONTACT: info@rakontur.com, DMarkus@markuslaw.com
Location:
United States
Genres:
True Crime
Description:
David Oscar Markus, a Miami trial attorney has been called “a reincarnation of the old school criminal defense lawyer” and has represented clients from the head of the Cali Cartel to Fortune 500 companies and their CEOs. David has partnered with rakontur, the lauded storytellers behind Cocaine Cowboys, The U and 537 Votes, on the podcast, For the Defense. The podcast focuses on the work of the least-respected but perhaps the most important profession in America: the criminal defense attorney. In each episode, Markus will interview a top criminal defense lawyer about one of their most gripping trials. Sadly, the criminal defense trial lawyer is a dying breed. The Feds have manipulated the system -- which was founded on the idea of trial by jury -- to force almost everyone (occasionally including the innocent) into pleading guilty to avoid trial. If you dare to go to trial, you risk going to prison for decades longer than had you surrendered and pleaded guilty. The system has shifted from valuing and encouraging trials to punishing those who dare exercise their constitutional right to have a jury decide their guilt. In the 1980s, over 20% of cases went to trial -- now less than 3% do so. Having tried cases all over the United States, Markus is well-positioned to speak to other leading criminal defense lawyers in the country and explore with them the decision they made in a high-profile case to proceed to trial, including their trial strategy, the risks involved, and the clients themselves. The podcast recently concluded Season 5. It has broken news, achieved industry-wide accolades, and is the go to listen for trial lawyers around the country. CONTACT: info@rakontur.com, DMarkus@markuslaw.com
Twitter:
@domarkus
Language:
English
Website:
http://www.markuslaw.com/
Episodes
Judge Kevin Newsom
4/30/2024
In this bonus episode, Judge Kevin Newsom joins David Oscar Markus for an open and wide-ranging discussion about being a judge on the 11th Circuit, legal writing, and even a recent health scare.
This bonus episode of For the Defense with the affable Judge Kevin Newsom and David Oscar Markus (they were law school classmates) continues to explore what it's like to be a federal judge and what makes these judges tick. As you'll hear, Judge Newsom is super smart, approachable, and down to earth. We will also discuss why he concurs with his own opinions, what he believes the role of judging is, how he got his start, and lots more.
Duration:01:05:46
Judge Nancy G. Abudu
2/20/2024
In this bonus episode, Judge Nancy G. Abudu – the newest judge on the Eleventh Circuit Court of Appeals – joins David Oscar Markus for an open discussion about her career, the confirmation process, and the Court itself.
Almost all appellate judges served as lower court judges and bring that experience with them to the appellate bench. But Judge Nancy Abudu’s path was quite different. In this bonus episode of For the Defense, Judge Abudu discusses her unique path, as well as why that professional and personal diversity is so important to the bench. You’ll also hear how down-to-earth and humble she is, how she spends her free time, a little about her first few opinions on the court, and more.
Duration:00:42:46
Michael Schachter and Randall Jackson for Tom Barrack
12/5/2023
In this bonus episode, Michael Schachter and Randall Jackson sit down with David Markus to discuss their amazing acquittal of Tom Barrack in federal court in New York.
Tom Barrack, a close friend and advisor to Donald Trump, was charged with being a foreign agent for the UAE. The so-called FARA violation is the new hot charge by DOJ. Enter Michael Schachter and Randall Jackson who tried the case and discuss their trial strategy with David Oscar Markus.
Duration:01:04:30
Margot Moss (and I) for Mayor Andrew Gillum
9/12/2023
In the Season 5 finale, partners Margot Moss and David Oscar Markus discuss their successful representation of Mayor Andrew Gillum.
Mayor Gillum was a hairbreadth away from being Florida’s Governor. Had the FBI not started and leaked an unjustified investigation, he would have won. But once they did so, they kept the target on Gillum’s back, eventually charging him with 19 counts in federal court in Tallahassee. Enter Margot Moss and David Markus. They discuss how they prepared and tried the case before an antagonistic judge.
Duration:01:11:45
Craig Albee for Mark Jensen (letter from the grave case)
8/29/2023
Was it suicide or was it murder? Craig Albee sits down with David Oscar Markus to discuss whether Mark Jensen murdered his wife with antifreeze or whether she committed suicide.
Craig Albee is the federal defender in Wisconsin. And he's tried lots of cases. But nothing like this one, which has led to books, movies, and of course, podcasts. Known as the "letter from the grave" case, Julie Jensen wrote a letter shortly before her death saying that if she turned up dead, her husband "would be my first suspect." Albee and the defense said that this was just a set up and that she actually committed suicide. Check out the wild twists and turns of these multiple murder trials as David Oscar Markus explores the strategies with Albee for defending a man accused of murder.
Duration:00:52:46
Barry Scheck for the Innocence Project
8/15/2023
Barry Scheck put DNA evidence on the map during the O.J. Simpson trial and now runs the amazing Innocence Project.
Barry Scheck, a titan of the criminal defense bar, sits down with David Oscar Markus to discuss high profile cases, exonerating the innocent, and the practice of law. He's one of the best and it shows.
Duration:00:52:33
John Lauro for Donald J. Trump
8/6/2023
John Lauro is not sitting back in his defense of Donald Trump. Listen to him discuss his defense strategy with David Oscar Markus on this special episode of For the Defense.
John Lauro is former President Trump's lawyer in the January 6 case in Washington D.C. In this interview with David Oscar Markus, he goes in depth on how he got involved in the case, his defense strategy, his media strategy, why he would represent Hunter Biden if asked, and lots of other interesting topics.
Duration:00:47:28
Matthew Menchel for UBS banker Raoul Weil
8/1/2023
David Oscar Markus interviews Matthew Menchel, one of the best trial lawyers in the country, on his acquittal for UBS banker Raoul Weil.
The U.S. had enough with wealthy tax cheats hiding their money in Swiss bank accounts. So it decided to go after the foreign bankers to send a message, including Raoul Weil, one of the top executives at UBS. Enter Matt Menchel, who defended Weil in federal court. Matt sits down with David Markus in this fun episode to discuss the ins and outs of winning a complicated white collar case.
Duration:01:10:02
Lisa Wayne for New Orleans DA Jason Williams
7/18/2023
David Oscar Markus interviews Lisa Wayne, the executive director of the National Association of Criminal Defense Lawyers, on her most recent trial win, for New Orleans district attorney Jason Williams.
Progressive prosecutors have been pretty controversial around the country. The recently elected district attorney in New Orleans was no exception as he was indicted in federal court on 10 counts of tax fraud. Even prosecutors need criminal defense lawyers, and this one turned to one of the greats in Lisa Wayne. Listen to her and David Oscar Markus discuss how race, politics, and the media all played into this high profile case – Lisa’s last before taking the reigns of NACDL.
Duration:00:50:45
Gerald Lefcourt for Abbie Hoffman (Chicago 8)
7/4/2023
David Oscar Markus interviews legendary Jerry Lefcourt about one of the most important trials in American history, the Chicago 8 case.
Jerry Lefcourt had recently been fired as a legal aid lawyer in the late 1960s when he got a call from Abbie Hoffman. They spoke all night at Hoffman’s apartment. Hoffman told him “I'll start a revolution; you keep me out of jail.” And Jerry did just that. Take a listen to this fascinating discussion about Jerry’s start to an awe-inspiring career. You'll hear about his battles with the judge, including getting sent to jail. Jerry is a wonderful storyteller and he and David have a lot of fun talking about this historic case.
Duration:00:40:46
Todd Blanche for Paul Manafort
6/27/2023
Duration:00:52:28
Milton Hirsch for Pedro Guerrero
6/20/2023
Season 5 starts off with a grand slam – Milton Hirsch, one of the country’s finest trial lawyers, current judge, and David Oscar Markus’ former partner, represented World Series MVP Pedro Guerrero in his federal trial in Miami.
Too dumb to do the drug deal? That defense could never work, right? Wrong -- if your lawyer is Milton Hirsch, who beat the odds and won a federal criminal drug trial with the most unique of defenses. David Oscar Markus sits down with his former law partner to discuss the curveballs of this case that led to Guerrero walking.
One note — the audio on this episode isn’t great and we apologize. Other episodes don’t have this issue.
Duration:00:57:34
Douglas Brooks for Harvard Fencing Coach Peter Brand
2/28/2023
Well-known Boston lawyer Douglas Brooks sits down with David Oscar Markus to discuss the Harvard Fencing Coach case, an off-shoot of the Varsity Blues prosecution.
The college admissions process gives all applicants – and their parents! – stress. The U.S. Attorney’s office in Boston charged over 50 defendants in the biggest college scandal of our time, which they dubbed Varsity Blues. Only a handful had the guts to go to trial, including the fencing coach at Harvard, who turned to Douglas Brooks to help him. In this bonus episode, David Oscar Markus speaks with Doug, his old college and law school buddy, about the incredible trial tactics that led to this amazing acquittal.
Duration:01:23:14
Barry Pollack for Ric Blake (Chicken Antitrust)
5/31/2022
DOJ’s antitrust division has gotten crazy aggressive in recent months, bringing criminal cases with new theories never tested before in federal court. These new cases haven’t done well, however. In a recent case alleging that 10 defendants agreed to fix prices for chicken, all defendants proceeded to trial. The jury hung as to all the defendants. In trial number 2, yet again the jury hung. Should the government get a third chance? The head of the antitrust division says yes because he is not part of “chicken shit club.” In this bonus episode, David Oscar Markus discusses these two lengthy trials as well as DOJ’s aggressive tactics with Barry Pollack, one of the nation’s top trial lawyers, who tried the first two cases.
Duration:00:57:12
Ed Shohat for Carlos Lehder
3/29/2022
The 1980s was the wild west of drug trials. And there was no bigger cocaine cowboy than Carlos Lehder, who co-founded the Medellin Cartel. Lehder turned to Edward Shohat to represent him in a 7-month trial in which the prosecutor, nicknamed Mad Dog, called 29 snitches. In this episode, the finale of Season 4, David Oscar Markus takes Ed through the sprawling trial and the crazy turn of events after the trial ends.
Duration:00:54:43
John Gleeson for the Holloway Project
3/15/2022
John Gleeson has done it all. He’s been a federal prosecutor. A federal judge. And now he’s a criminal defense lawyer. Having seen the injustices in the criminal justice system, Gleeson started the Holloway project in which he and a team of lawyers are trying to free defendants who have been crushed by the system and minimum mandatory sentences. In fact, Holloway himself was a defendant that Gleeson sentenced when he was a judge. Gleeson and David Oscar Markus discuss this project, prosecuting John Gotti (who was represented by Albert Krieger), presiding over the Wolf of Wall Street case, and other fascinating stories.
Duration:01:15:07
Brian Heberlig for Ali Sadr
3/1/2022
There's prosecutorial misconduct and then there's what happened in the case of Ali Sadr in the Southern District of New York. Sadr's lawyer, Brian Heberlig, sits down with David Oscar Markus at his White Collar Law seminar at the University of Miami School of Law to discuss the absolutely insane misconduct committed by federal prosecutors in this trial and what -- if anything -- can be done about it.
Duration:01:12:57
Geoffrey Fieger for Dr. Jack Kevorkian
2/15/2022
Dr. Jack Kevorkian, also known as Dr. Death, was the center of debate at every dinner table – should a doctor be permitted to assist a patient in committing suicide if that’s what the patient wanted because of excruciating pain and a terminal illness. Prosecutors in Michigan said no and went after Dr. Kevorkian, who turned to Geoffrey Fieger to represent him. Fieger sits down with David Oscar Markus to discuss the fascinating criminal cases and the moral implications of Kevorkian’s actions.
Duration:00:43:24
Gerry Goldstein for "Deep Throat"
2/1/2022
Back in the 1970s, prosecutors started to go after what they deemed to be “obscene.” They went absolutely crazy when the movie Deep Throat was released. So they decided to arrest the projectionist, Richard Dexter, to send a message. Gerry Goldstein was a young firebrand lawyer who took on the case to trial and even all the way to the Supreme Court. Listen to him discuss all the twists and turns of the defense with host David Oscar Markus.
Duration:00:38:22
Juanita Brooks for John DeLorean
1/18/2022
Everyone knows of DeLorean cars, which were made famous in Back to the Future. What folks may not know is that the car's namesake -- John DeLorean -- was charged in two different federal cases in the 1980s. In one case in Detroit, he was charged with racketeering and embezzlement. Enter Juanita Brooks, who was one of the few women criminal defense lawyers to have her own practice at the time. Juanita is now known as the "jury whisperer" for her ability to convince jurors even in the most difficult cases. She did so here as well. Check out her strategies in jury selection through cross examination through closing argument as she discusses the case with fellow criminal defense lawyer David Oscar Markus.
Duration:00:55:25