For the Defense with David Oscar Markus
Hosted by Miami trial attorney David Oscar Markus, this podcast explores the vital but often undervalued role of criminal defense lawyers in America. Each episode features an interview with a top defense attorney about one of their most compelling trials. The show also addresses the decline of jury trials and the pressures on defendants to accept plea deals, despite the constitutional right to a fair trial.
Episodes
Teny Geragos for Diddy
David Oscar Markus sits down with Teny Geragos, the lawyer who gave the winning opening statement in Diddy’s case.Teny Geragos has taken on the biggest sex cases of our time in the last year – Diddy, Harvey Weinstein, and the Alexander Brothers. With lots of success. She is no stranger to the bright lights. Her father is Mark Geragos, another well-known lawyer who has appeared on the podcast. You’
Former federal prosecutor Elie Honig
David Oscar Markus sits down with CNN legal analyst and former federal prosecutor Elie Honig to talk about the intersection of law, media, and justice — and his new book, When You Come At The King.Elie Honig, CNN senior legal analyst, bestselling author, and former federal prosecutor, joins David Oscar Markus for a wide-ranging conversation about how the media shapes public understanding of crimin
Arthur Aidala for Harvey Weinstein
For the Defense returns as David Oscar Markus sits down with Harvey Weinstein’s lawyer, Arthur Aidala, for a fascinating look at how the defense strategy evolved from Weinstein’s first trial to his retrial.Arthur Aidala, one of the most charismatic and colorful defense lawyers in the country, joins David Oscar Markus to break down the retrial of Harvey Weinstein. From cross-examining a compla
Howard & Scott Srebnick for Michael Avenatti
The Season 6 finale is a doozy – featuring Howard & Scott Srebnick, who discuss the high profile trial of Michael Avenatti with David Oscar Markus.Michael Avenatti was a modern day Icarus. He had everything going for him, so what happened? Howard & Scott Srebnick represented him in the infamous Nike prosecution in which Avenatti is accused of extorting Nike. Listen in as Dav
Former Attorney General Alberto Gonzales
A first for the podcast -- the former Attorney General, Alberto Gonzales, joins David Oscar Markus to discuss prosecutorial independence. Alberto Gonzales and David Oscar Markus discuss the job of a prosecutor, whether prosecutors should be appointed or elected, whether governors should be permitted to fire prosecutors and other pressing ethical questions of the day.
David Kendall for President Bill Clinton
David Kendall sits down with David Oscar Markus to discuss the impeachment trial of President Bill Clinton.Independent counsel, impeachment hearings, infidelity. No, we aren’t talking about Donald Trump. Instead, we head back to the late 90s to discuss David Kendall’s incredible representation of President Bill Clinton. The high stakes showdown between Kendall and independent counse
Chris Morvillo for Autonomy CEO Mike Lynch
Chris Morvillo of Clifford Chance sits down with David Oscar Markus to discuss the long and amazing saga of his representation of Mike Lynch, the CEO of Autonomy.Mike Lynch was dubbed the British Bill Gates. Then his world came crashing down as he was charged in federal court with fraud for what the feds described as a massive scheme to trick HP into buying Autonomy for more than it was worth
Phil Hubbart for Pitts and Lee
Florida International University School of Law hosted Phil Hubbart and David Oscar Markus for a discussion about Hubbart’s book, From Death Row to Freedom: The Struggle for Racial Justice in the Pitts-Lee Case.The podcast is lucky to host Phil Hubbart this week, a living legend in the 3-0-5. He revamped the public defender’s office and was an appellate judge. He recently wrote a boo
Sean Hecker for Robert Bogucki
Sean Hecker, of Hecker Fink, joins David Oscar Markus to discuss the trial of Barclays trader Robert Bogucki.How do you explain complicated FX trading to a jury? How do you try a case on the other side of the United States, far from home? How do you try a case with a large team? Join David Oscar Markus as he interviews his friend and amazing lawyer Sean Hecker about the fascinating case of Robert
Judge Andrew Brasher
Judge Andrew Brasher joins David Oscar Markus to discuss all things Eleventh Circuit.Judge Brasher joined the 11th Circuit Court of Appeals when he was 39 years old. Having clerked for Judge William Pryor and worked as the Alabama Solicitor General, he is part of the well-known Judge Pryor “judging tree,” along with Judge Kevin Newsom and others. He discusses how
CNN's Kaitlan Collins
CNN’s Kaitlan Collins joins David Oscar Markus and his University of Miami class to discuss everything from covering high profile trials to how to examine a difficult witness. As criminal defense lawyers know, cross examining witnesses is one of the hardest things to do. There's a lot to be learned from journalists who do it live on the air with difficult politicians. And Kaitlan Co
Todd Blanche for former President Donald Trump
Todd Blanche, counsel to former President Donald Trump, joins David Oscar Markus to discuss the New York trial of People v. Trump.Todd Blanche, the first guest to appear twice on For the Defense with David Oscar Markus, discusses everything from the war room to Melania Trump not appearing at trial to getting into it with Michael Cohen and everything in between in this in-depth and free flowing int
Judge Kevin Newsom
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
Judge Nancy G. Abudu
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 t
Michael Schachter and Randall Jackson for Tom Barrack
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 an
Margot Moss (and I) for Mayor Andrew Gillum
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 feder
Craig Albee for Mark Jensen (letter from the grave case)
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 grav
Barry Scheck for the Innocence Project
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.
John Lauro for Donald J. Trump
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 strateg
Matthew Menchel for UBS banker Raoul Weil
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 c
Lisa Wayne for New Orleans DA Jason Williams
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 t
Gerald Lefcourt for Abbie Hoffman (Chicago 8)
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
Todd Blanche for Paul Manafort
David Oscar Markus sits down with former President Trump’s lawyer, Todd Blanche, who has not yet spoken in detail with the media.Todd Blanche was a prosecutor in the Southern District of New York, prosecuting violent criminals in federal court. He then left for the oldest law firm in New York – Cadwalader. There, he quickly developed a reputation for being able to handle hot button cases
Milton Hirsch for Pedro Guerrero
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 tri
Douglas Brooks for Harvard Fencing Coach Peter Brand
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.&nb
Barry Pollack for Ric Blake (Chicken Antitrust)
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 th
Ed Shohat for Carlos Lehder
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
John Gleeson for the Holloway Project
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 w
Brian Heberlig for Ali Sadr
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
Geoffrey Fieger for Dr. Jack Kevorkian
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
Gerry Goldstein for "Deep Throat"
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 twis
Juanita Brooks for John DeLorean
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
Mark Geragos for Susan McDougal
Mark Geragos, trial lawyer and fellow podcaster, discusses the Susan McDougal trials with host David Oscar Markus.In the 90's, Ken Starr was pursuing Bill Clinton. And anyone who got in Starr's way became a target. This included Susan McDougal, who refused to testify against Clinton because she believed that Starr was pressuring her to lie. Enter Mark Geragos, who was thru
Bruce Rogow for Luther Campbell and 2 Live Crew
Season 4 of For the Defense premieres with Bruce Rogow who sits down with David Oscar Markus to discuss the groundbreaking criminal trial against 2 Live Crew and its front man Luther Campbell.Bruce Rogow discusses the 2 Live Crew case, an only in South Florida story in which a rap band was prosecuted because of its dirty lyrics. Rogow and David Oscar Markus get into the backst
Billy Corben and Alfred Spellman on Willy & Sal
The trials and tribulations of Willy Falcon and Salvador Magluta are the stuff of legal legend in Miami. Billy Corben and Alfred Spellman of rakontur are the producers of Cocaine Cowboys: The Kings of Miami, a six-part documentary miniseries that recently premiered on Netflix. The filmmakers join David Markus on For the Defense to discuss the rise and fall of “Los Muchachos,” the be
Judge William Pryor
Eleventh Circuit Chief Judge William H. Pryor joins David Oscar Markus on the Finale of Season Three of For the Defense. Judge Pryor brings a totally different perspective to the show, as he is the former Attorney General of Alabama, is on the conservative wing of the Eleventh Circuit, and even made President Trump's short list for the United States Supreme Cour
Judge Robin Rosenbaum
Eleventh Circuit Judge Robin Rosenbaum joins David Oscar Markus in this mini-season of judges in For the Defense. Judge Rosenbaum has a unique perspective on the criminal justice system as she has been a federal prosecutor, a magistrate judge, a district judge, and now an appellate judge. As a member of the more liberal wing of a court that is predominantly conservative, Judge
Judge Charles Breyer
Northern District of California Judge Charles Breyer joins David Oscar Markus in the premiere episode of Season 3 of For the Defense to discuss how the criminal justice system works from the perspective of a federal trial judge. In this mini-season, David will speak to three judges, including Breyer, the younger (and much cooler!) brother of Supreme Court Justice Stephen Breyer, and two 11th Circu
Judge Jed Rakoff
Southern District of New York Judge Jed Rakoff has been a prosecutor, a defense lawyer, and a federal judge, so he has a unique perspective of the criminal justice system. He has written a fascinating book about the system and its issues. In this bonus episode, David Oscar Markus discusses some of the main problems with the system and how to fix them.
Michael Tigar for Terry Nichols
The Oklahoma City Bombing is one of the deadliest domestic terrorism cases in U.S. history and it struck right at the heart of the criminal justice system. Would anyone represent Timothy McVeigh and Terry Nichols? Not only did Nichols get a lawyer, he got one of the very best in history, Michael Tigar. Tigar is a renowned trial lawyer, appellate lawyer, scholar, and
David Gerger for Robert Kaluza (Deepwater Horizon)
The Deepwater Horizon explosion was arguably the worst environmental disaster in United States history. In its effort to assign blame, the government scapegoated an innocent man - Robert Kaluza, the off-duty rig supervisor who was filling in for a few days. David Gerger discusses his successful defense with David Markus in this episode of For
Abbe Lowell for Sen. John Edwards
Senator John Edwards was a rising star in the Democratic party. He was a popular senator from North Carolina. He was John Kerry’s running mate in 2004 and then a presidential candidate in 2008. But he was also a flawed candidate as he was having an affair while his wife was dying from cancer and while he was campaigning for the highest office in the land. Was the cover up of th
Jayne Weintraub for Yahweh Ben Yahweh
Yahweh Ben Yahweh had been convicted in federal court of conspiracy and sentenced to 17 years. But that was not enough for prosecutors who viewed him as an evil cult leader who ordered gruesome murders in South Florida. So they charged him with first degree murder in state court. The case involved tales of beheadings, cutting people's ears, and even a Temple of Love. Jayne Weintraub took
Rob Cary for Sen. Ted Stevens
Senator Ted Stevens was charged in federal court right before his election. He turned the famed criminal defense firm of Williams & Connolly to defend him. Rob Cary, who tried the case with Brendan Sullivan, discusses defending a well-known political figure at trial and also what turned into one of the biggest cases of prosecutorial misconduct in this Nation's history.
Ron Sullivan for Aaron Hernandez
Harvard Law Professor Ron Sullivan has spent his career teaching trial advocacy. In this episode of For the Defense, he shares with David Oscar Markus the techniques he used in defending NFL star Aaron Hernandez in his second murder trial. No one thought the case was winnable after Hernandez has previously been found guilty of another murder. That's when true defenders like Sul
Jose Baez for Casey Anthony
Jose Baez was a former Miami public defender looking to make a living in Orlando. Then he got a call from the jail that would change his life forever. Casey Anthony put her trust in Jose, and he did not disappoint. Up against a hostile media, judge, prosecution and even local bar, Jose showed what Miami criminal defense lawyers are made of.
Alan Dershowitz for O.J. Simpson
Season 2 of For the Defense premieres with Alan Dershowitz, perhaps the most well-known criminal defense lawyer of this generation. In this episode, he discusses the O.J. Simpson case, which went to trial while host David Oscar Markus was in his criminal law class at Harvard Law School. Dershowitz discusses what went wrong for the prosecution and the fascinating question of what should a jury
Hank Asbill for Gov. Robert McDonnell
BONUS SEASON ONE EPISODE: How many times over the past year have you heard the words quid pro quo? The entire impeachment trial of President Trump centered around the meaning of these words. But it didn't start with Trump. Back in 2014, Governor Bob McDonnell and his wife were charged with fraud for accepting gifts. Attorney Hank Asbill told the feds that they had no case because th
F. Lee Bailey for Sam Sheppard
F. Lee Bailey discusses the case that thrust him into the national spotlight in the trial of the century before trials were covered by TV and social media. Bailey was a young gunslinger, representing Sam Sheppard, who later became the inspiration for the TV series and movie called The Fugitive. Bailey took on Sheppard’s case after he had been convicted at his first trial and most had lost hope for
H.T. Smith for Aubrey Arthur Livingston
H.T. Smith discusses what it means to be a criminal defense lawyer in the context of an unspeakably grisly first-degree murder case in which his client, Aubrey Arthur Livingston, was accused of participating in the killing of five people, including two small children.Smith tried the case before a Broward County (FL) judge who appeared to be looking forward to sending Smith's client to "Old Sparky,
Martin Weinberg for Bill Moran
In the 80's and 90's, the Cali Cartel was responsible for importing the majority of cocaine into the United States. Federal prosecutors went hard after the leaders of the Cartel. But that wasn't enough. In Miami, federal prosecutors also went after the Cartel's criminal defense lawyers. One of those lawyers was brash Bill Moran. He looked and acted the part, wearing cowboy boot
Thomas Mesereau for Michael Jackson
There wasn't a bigger star than Michael Jackson. And there wasn't a bigger trial than People of the State of California v. Michael Jackson, the four and a half month case in Santa Maria, California. The King of Pop needed the absolute best trial lawyer he could find as the stakes couldn't have been higher. Stars lined the audience and the witness stand in a trial with wal
Roy Black for Luis Alvarez
Racial justice is a topic that's on everyone's mind right now. In this episode, David Oscar Markus speaks with famed criminal defense attorney Roy Black about defending a police officer accused of killing a young Black man in the wake of the Arthur McDuffie riot. Roy brings us back to those tense times in the 1980s, which sound a lot like what's occurring today. Roy explains the cha
Donna Rotunno for Harvey Weinstein
In this series premiere episode of "For the Defense," David Oscar Markus speaks with Harvey Weinstein's lawyer Donna Rotunno about defending the biggest case of her career, representing the most hated man in America, fighting an entire movement and dealing with a hostile media, prosecutor, and judge.
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