Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 408 AMERICAN POLICE BEAT: FEBRUARY 2017 by Michael Schwartz A lthoughwemay live in a diverse society, the lev- el of familiarity we have with different types of people drives just how accepting we really are. As lawyers, we all have personal lives that at times demand we make re- quests of the court. Vacations are a common example. Shabbos (the Sabbath) happens every week but it’s outside the norm. At times my request to observe the Sabbath has made judges or opposing counsel uneasy, even skeptical. I once had to remind a Federal judge federal judge on an excessive force-civil rights case that he agreed to a half session every Friday due to my Shabbos observance. His response was, “What, you do this every week?” I smiled. “Yes, your Honor, the Sab- bath occurs every week.” My participation in high profile cases coupled with my attire usually helps cli- ents identify me as their lawyer before introductions are made. As I arrived to meet a cli- ent at Starbucks a while back he recognized me before I recognized him. Me, the Orthodox Jewish lawyer, fully equipped with a black yarmulke, beard, white shirt, black suit and white tassels hanging down from my waist. My client, an undercov- er gang detective (his fo- cus is white supremacist gangs), was dressed the part – shaved head, goatee, sun- glasses, Harley-Davidson shirt, and tattoos. The two of us, a visual oxymoron, talked amidst the stares from passersby. Now for another contrast. The comical vs. the serious. The Orthodox Jewish lawyer giving closing arguments on behalf of his client, Fullerton Police Corporal Jay Cicinel- li, charged with involuntary manslaughter and felony as- sault by a peace officer in the Kelly Thomas murder case. The case was complex and litigated in the media long before a jury heard the full story. I had just left my previous law firm before its collapse when Rains Lucia Stern asked me to come on board. I accepted. So now here I was, new firm, new venture, broke, a family to feed, and not getting any younger. I needed an acquittal al- most as much as my client. It was time to have some faith. I needed this. Why would G-d put me in this position just to lose? The morning of closing arguments, on two hours of sleep, I prayed my “usual” prayer when I’m in trial, “Hashem (G-d), I know that it’s all part of your plan. Whatever the outcome, please, let me do well, for Special bond with clients An attorney defends law enforcement officers in some of the most controversial cases in Southern California. He’s also an Orthodox Jew. You and for my client. Ev- eryone’s looking. Whatever You do, please don’t let me mess this up.” While lawyers learn early on not to grow emotionally attached to their clients, after years of working on a case it is nearly impossible not to become close. Right or wrong, I now con- sider Jay Cicinelli a friend. Jay stuck by me through three law firms. He believed. Now it was my turn. So when my client left a Post-it note on my pad before my closing argument telling me, “Don’t worry, you’re going to shine. I said a small prayer for you,” I knew it to be true. And it was. To be an Orthodox Jew is to live a disciplined, faith- driven life, within a set of rules. And my police officer clients can relate to that and generally respect who I am, restrictions, parameters and all. Maybe it’s because they enforce the laws that they respect rules, parameters, order. Or maybe it’s even more than that. Maybe we have a common foundation, a com- mon driving force – faith. In defending police offi- cers over the years I realized that regardless of religious affiliation or lack thereof, by putting their lives and families’ futures on the line every day to defend us, our clients survive on faith. Faith that the people they protect are worth protect- ing. Faith that they’re doing the right thing. And even, at times, faith in me, in us, the attorneys who defend them. Following his acquittal, I looked at Jay Cicinelli and said, “Thank G-d it turned out right.” “I always had faith in you, Michael,” he smiled back. “I told you G-d picked the jury.” “Yes, He did,” I smiled back. Defending those who defend us has strengthened my faith in G-d, in people, our system and myself. Michael Schwartz is a partner at Rains Lucia Stern St. Phalle & Silver, PC and heads up the firm’s Southern California Legal Defense practice. Attorney Michael Schwartz Outcomes in jury trials depend largely on how good your lawyer is and also the composition of the jury.