Posted on 12/16/2001 7:56:46 AM PST by CounterCounterCulture
Edited on 04/13/2004 2:39:13 AM PDT by Jim Robinson. [history]
The media furor surrounding Marin County's "American Taliban" has turned into a full-fledged frenzy, with cash being waved about as if it were a Hollywood production . . . which it may well become.
John Walker's family has been besieged almost from day one by book and movie offers, sources say. And even Chronicle reporters covering the story have been queried by agents looking to do a deal.
(Excerpt) Read more at sfgate.com ...
This makes me sick! Why can't they just go out and get the news instead of PAYING for it.
I asked her if our troops were also confused boys, because on the average, they are 19 1/2 years old. Even younger that Jihad Johnny.
Newsmaker Profile
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San Francisco -- He prosecuted Caspar Weinberger in the Iran-Contra scandal, accused a U.S. Supreme Court justice of racist conduct and has defended alleged terrorists and political agitators from around the world.
So, taking on the underdog case of John Walker, the "American Taliban" from Marin County, should at least be familiar territory for San Francisco attorney James Brosnahan.
By all accounts, he relishes a long-odds fight.
"It doesn't surprise me that he took that case," said one of his most ardent legal opponents, Oakland Raiders lawyer Ken Hausman. "He is definitely strong and does what he wants to do."
Hausman is set to go to trial next spring on behalf of the Raiders against Brosnahan, who is defending Oakland and Alameda County against charges that they defrauded the team in its move from Los Angeles. He's not anticipating an easy win -- no matter what.
"I'd say he's very aggressive, very quick-tempered and a very determined adversary," Hausman said. "You never count him out."
That's just the sort of spirit that drove Walker's parents to hire Brosnahan, 67, after learning that their 20-year-old son had been shot and captured in a prison revolt in northern Afghanistan.
After being flushed out of a dungeon early this month alongside Taliban fighters, Walker was filmed calling himself a holy warrior and expressing support for the Sept. 11 attacks on America.
As soon as he saw the TV clips Dec. 2, Walker's father said, he knew he needed all the help he could get.
"We went right out and got the best lawyer we could find, and he's working as hard as anyone can on this," Frank Lindh of San Rafael said, just before he stopped talking to the press last week and began deferring all comment to Brosnahan.
Aside from Brosnahan's reputation for tackling sticky, big cases, one other thing brought the lawyer quickly to mind, Walker's father said. The two were legal adversaries once -- Lindh is a corporate attorney for Pacific Gas and Electric Co. -- and Lindh said he admired Brosnahan's "mettle."
One of the nation's most respected trial lawyers for decades, Brosnahan is a senior partner in the San Francisco office of Morrison & Foerster, one of the biggest law firms in the state.
The resulting cachet led to his appointment in 1992 to prosecute former Defense Secretary Caspar Weinberger in the Iran-Contra scandal. When then- President George Bush pardoned Weinberger in the waning days of his presidency,
Brosnahan furiously said the president would "pay a terrible price" with "the American people" for protecting his powerful friend.
Those words might seem unfortunate, considering that Bush's son is now president and Brosnahan's legal efforts on behalf of Walker must go through the current President Bush's administration. No charges have been filed against the young man from San Anselmo and Fairfax, but those bandied about range from simple conspiracy to treason.
However, whatever happened in the past should be no handicap, say those long familiar with the work of Brosnahan, a tall man with a booming voice who does considerable pro bono work for poor and minority clients in addition to his highly paid jobs.
His dealings with the federal government extend far beyond the Weinberger case, they noted, and in the legal profession, experience and know-how trump any past bad blood.
"Brosnahan will still have a network of connections within Washington and within this administration, and even though he might not be viewed with a lot of love and bliss by the Bushes for trying to take one of their friends down, he knows what to plug into," said Peter Keane, dean of the Golden Gate University Law School.
"He's not going to have to run around to figure out who the players are," Keane said. "He knows them, and they know him, too."
One of Brosnahan's more recent cases in federal court came in 1998, when he convinced the U.S. Court of Appeals for the Ninth Circuit to block the extradition to Britain of Irish national fugitive Kevin Barry Artt. After that,
Brosnahan, working with the Clinton administration, helped convince Britain to permanently drop its extradition demand for Artt and two other fugitives.
Brosnahan also successfully defended Steven Psinakis, an activist in the movement to topple former Philippine leader Ferdinand Marcos, against charges of transporting explosives. In another high-profile international case, in the mid-1980s, he represented a group of religious workers accused of smuggling Central Americans into the United States for sanctuary -- and who were ultimately convicted.
His testimony in 1986 accusing then-U.S. Supreme Court Justice William Rehnquist of intimidating black and Latino voters in Arizona drew wide notice and was aimed at blocking Rehnquist's appointment as chief justice. It didn't, but the testimony helped cement Brosnahan's reputation as a lawyer who doesn't flinch.
"He's a marvelous lawyer, someone who is tremendously convincing before juries," said Keane. "He's also an astute legal scholar. The family couldn't have found anyone better to represent John Walker."
Brosnahan hasn't spoken to the press in days, but when he does issue statements, he expresses frustration that the government isn't moving faster to allow him and the family to visit Walker.
He told The Chronicle recently that his aim in dealing with federal officials is to "have an appropriate understanding and discussion with them." But he was clear about the legal mountain he and Walker's family have ahead of them.
"This won't be easy," he said.
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JAMES J. BROSNAHAN Age: 67
Law degree: Harvard Law School, 1959
Job: Senior partner, Morrison & Foerster in San Francisco. Works civil and criminal cases and trials in both state and federal court.
Notable cases: Defending Oakland and Alameda County against the Raiders football team; defended actor Don Johnson against accusations of grabbing a woman in a bar; prosecuted former Defense Secretary Caspar Weinberger in the Iran-Contra probe.
Recognitions: American Board of Trial Advocates, California "Trial Lawyer of the Year," 2001; American College of Trial Lawyers' Samuel E. Gates Litigation Award, 2000; listed in the top 10 of the top 100 most influential lawyers in California by the Los Angeles Daily Journal and the San Francisco Daily Journal, 1998; member of the State Bar of California's "Trial Lawyers Hall of Fame"; named by the National Law Journal in 1990 as one of the 10 best trial lawyers in the country.
Chronicle staff writer Pamela J. Podger contributed to this report. / E-mail Kevin Fagan at kfagan@sfchronicle.com.
Typical network quisling-qarp behavior.
Enrich the lowest form of life prevelent at a given moment.
Next thing ya know, they'll be saying will be something like...
"For every (ticket/book/whatever) sold, we'll be donating $1 to the NYC Firefighter's Fund."
Shameless freaks & ghouls one & all.
...very typical behavior, indeed.
Ah, but Lifetime and the other "women's" channels will run it, and the Oprah-ites will applaud wildly. Unfortunate, but true.
A suit, a casket and two round trip tickets to Guam for the family.
Any California lawyers want to chime in?
Michael Savage was predicting this feeding frenzy within 48 hours of Rat-Boy's capture. Maybe not the most prescient thing in the world (I thought the same thing), but no other talk show host that I've heard predicted the rush to fund.
HA!!
Now this statement's as clever & insightful, as it is rich.
Just so Hollyweird!!
...some mighty fertile ground here, for "Victim TV." ;^)
I've heard of people without a moral core, but this is ridiculous.
Ths guy isn't a boy. He's a man, and it's time to make a man out of him.
It damn well had better--BUT it doesn't extend to the family--you know, dear old Mom & Dad selling their rights, becoming "consultants" to the movie/book deal, the lecture circuit, with Mom & Dad paying for his lawyer out of these funds (the trial, the appeals, etc.), plus keeping his prison account nice & fat.
I've increased the size of my barf bag to a leaf bag size.
Yes, the women will eat up this sort of thing.
Oops. A paragraph got dropped.
I'm a woman, and if this thing is made, I will boycott any company, network, theater, TV station or any other media outlet that touches this thing. If necessary, I will organize a national boycott against it--plus any advertiser that wants product placement. If necessary, I will organize a national demonstration against it--and I'm sure every family that lost a loved one on 9/11 would join me.
Us freepers are good at that.
It will be the story of a young man's search for enlightenment and peace in a hostile world.
I'm already up to a leaf bag-sized barf bag. Any more of this & I'm going to have to go industrial strength, probably a 10 x 10 ft. tarp.
BTW, the lawyer for Jihad Johnny has hired a PR firm.
(a) As used in this section:
(1) "Convicted felon" means any person convicted of a felony, or found not guilty by reason of insanity of a felony committed in California, either by a court or jury trial or by entry of a plea in court
(2) "Felony" means a felony defined by any California or United States statute.
(3)(A) "Representative of the felon" means any person or entity receiving proceeds or profits by designation of that felon, on behalf of that felon, or in the stead of that felon, whether by the felon's designation or by operation of law.
(B) "Profiteer of the felony" means any person who sells or transfers for profit any memorabilia or other property or thing of the felon, the value of which is enhanced by the notoriety gained from the commission of the felony for which the felon was convicted. This subparagraph shall not apply to any media entity reporting on the felon's story or on the sale of the materials, memorabilia, or other property or thing of the felon. Nor shall it apply to the sale of the materials, as the term is defined in paragraph (6), where the seller is exercising his or her first amendment rights. This subparagraph also shall not apply to the sale or transfer by a profiteer of any other expressive work protected by the First Amendment unless the sale or transfer is primarily for a commercial or speculative purpose.
(4)(A) "Beneficiary" means a person who, under applicable law, other than the provisions of this section, has or had a right to recover damages from the convicted felon for physical, mental, or emotional injury, or pecuniary loss proximately caused by the convicted felon as a result of the crime for which the felon was convicted.
(B) If a beneficiary described in subparagraph (A) has died, "beneficiary" also includes a person or estate entitled to recover damages pursuant to Chapter 4 (commencing with Section 377.10) of Title 3 of Part 2 of the Code of Civil Procedure.
(C) If a person has died and the death was proximately caused by the convicted felon as a result of the crime for which the felon was convicted, "beneficiary" also includes a person described in Section 377.60 of the Code of Civil Procedure and any beneficiary of a will of the decedent who had a right under that will to receive more than 25 percent of the value of the estate of the decedent.
(5) "Beneficiary's interest" means that portion of the proceeds or profits necessary to pay the following:
(A) In the case of a beneficiary described in subparagraph (A) or (B) of paragraph (4), those damages that, under applicable law, other than the provisions of this section, the beneficiary has or had a right to recover from the convicted felon for injuries proximately caused by the convicted felon as a result of the crime for which the felon was convicted. (B) In the case of a beneficiary described in subparagraph (C) of paragraph (4), those damages that, under all the circumstances of the case, may be just.
(C) A beneficiary's interest shall be reduced by the following amount:
(i) Money paid to the beneficiary from the Restitution Fund because of the crime for which the felon was convicted.
(ii) Money paid to the beneficiary by the convicted felon because of a requirement of restitution imposed by a court in connection with the crime for which the felon was convicted. (iii) Money paid to the beneficiary because of a judgment against the convicted felon based upon the crime for which the felon was convicted.
(D) In the case of an unsatisfied existing judgment or order of restitution against the convicted felon and in favor of a beneficiary, any money paid to the beneficiary pursuant to this section shall be applied to reduce the amount of the unsatisfied judgment or order. (6) "Materials" means books, magazine or newspaper articles, movies, films, videotapes, sound recordings, interviews or appearances on television and radio stations, and live presentations of any kind.
(7) "Story" means a depiction, portrayal, or reenactment of a felony and shall not be taken to mean a passing mention of the felony, as in a footnote or bibliography. (8) "Sale" includes lease, license, or any other transfer or alienation taking place in California or elsewhere.
(9) "Proceeds" means all fees, royalties, real property, or other consideration of any and every kind or nature received by or owing to a felon or his or her representatives for the preparation for the purpose of sale of materials, for the sale of the rights to materials, or the sale or distribution by the convicted felon of materials whether earned, accrued, or paid before or after the conviction. It includes any interest, earnings, or accretions upon proceeds, and any property received in exchange for proceeds.
(10) "Profits" means all income from anything sold or transferred by the felon, a representative of the felon, or a profiteer of the felony, including any right, the value of which thing or right is enhanced by the notoriety gained from the commission of a felony for which a convicted felon was convicted. This income may have been accrued, earned, or paid before or after the conviction. However, voluntary donations or contributions to a defendant to assist in the defense of criminal charges shall not be deemed to be "profits," provided the donation or contribution to that defense is not given in exchange for some material of value.
(b)(1) All proceeds from the preparation for the purpose of sale, the sale of the rights to, or the sale of materials that include or are based on the story of a felony for which a convicted felon was convicted, shall be subject to an involuntary trust for the benefit of the beneficiaries set forth in this section. That trust shall continue until five years after the time of payment of the proceeds to the felon or five years after the date of conviction, whichever is later. If an action is filed by a beneficiary to recover his or her interest in a trust within those time limitations, the trust character of the property shall continue until the conclusion of the action. At the end of the five-year trust period, any proceeds that remain in trust that have not been claimed by a beneficiary shall be transferred to the Controller, to be allocated to the Restitution Fund for the payment of claims pursuant to Section 13969 of the Government Code.
(2) All profits shall be subject to an involuntary trust for the benefit of the beneficiaries set forth in this section. That trust shall continue until five years after the time of payment of the profits to the felon or five years after the date of conviction, whichever is later. If an action is filed by a beneficiary to recover his or her interest in a trust within those time limitations, the trust character of the property shall continue until the conclusion of the action. At the end of the five-year trust period, any profits that remain in trust that have not been claimed by a beneficiary shall be transferred to the Controller, to be allocated to the Restitution Fund for the payment of claims pursuant to Section 13969 of the Government Code.
(3) Notwithstanding paragraph (2), in the case of a sale or transfer by a profiteer of the felony, the court in an action under subdivision (c) shall, upon an adequate showing by the profiteer of the felony, exclude from the involuntary trust that portion of the profits that represents the inherent value of the memorabilia, property, or thing sold or transferred and exclusive of the amount of the enhancement to the value due to the notoriety of the convicted felon.
(c)(1) Any beneficiary may bring an action against a convicted felon, representative of the felon, or a profiteer of a felony to recover his or her interest in the trust established by this section. (2) That action may be brought in the superior court of the county in which the beneficiary resides, or of the county in which the convicted felon resides, or of the county in which proceeds or profits are located.
(3) If the court determines that a beneficiary is entitled to proceeds or profits pursuant to this section, the court shall order the payment from proceeds or profits that have been received, and, if that is insufficient, from proceeds or profits that may be received in the future.
(d) If there are two or more beneficiaries and if the available proceeds or profits are insufficient to pay all beneficiaries, the proceeds or profits shall be equitably apportioned among the beneficiaries taking into account the impact of the crime upon them. Prior to any distribution of any proceeds to a beneficiary, the court shall determine whether the convicted felon has failed to pay any portion of a restitution fine or penalty fine imposed by a court, or any restitution imposed as a condition of probation. The court shall also determine whether the felon is obligated to reimburse a governmental entity for the costs of his or her defense and whether a portion of the proceeds is needed to cover his or her reasonable attorney's fees incurred in the criminal proceeding related to the felony, or any appeal or other related proceeding, or in the defense of the action brought under this section. The court shall order payment of these obligations prior to any payment to a beneficiary, except that 60 percent of the proceeds or profits shall be reserved for payment to the beneficiaries.
(e)(1) The Attorney General may bring an action to require proceeds or profits received by a convicted felon to be held in an express trust in a bank authorized to act as a trustee. (2) An action may be brought under this subdivision within one year after the receipt of proceeds or profits by a convicted felon or one year after the date of conviction, whichever is later.
That action may be brought in the superior court of any county in which the Attorney General has an office.
(3) If the Attorney General proves that the proceeds or profits are proceeds or profits from the sale of a story or thing of value that are subject to an involuntary trust pursuant to this section, and that it is more probable than not that there are beneficiaries within the meaning of this section, the court shall order that all proceeds or profits be deposited in a bank and held by the bank as trustee of the trust until an order of disposition is made by a court pursuant to subdivision (d), or until the expiration of the period specified in subdivision (b).
(4) If the Attorney General prevails in an action under this subdivision, the court shall order the payment from the proceeds or profits to the Attorney General of reasonable costs and attorney's fees.
(f)(1) In any action brought pursuant to this section, upon motion of a party the court shall grant a preliminary injunction to prevent any waste of proceeds or profits if it appears that the proceeds or profits are subject to the provisions of this section, and that they may be subject to waste.
(2) Upon motion of the Attorney General or any potential beneficiary, the court shall grant a preliminary injunction against a person against whom an indictment or information for a felony has been filed in superior court to prevent any waste of proceeds or profits if there is probable cause to believe that the proceeds or profits would be subject to an involuntary trust pursuant to this section upon conviction of this person, and that they may be subject to waste.
(g) Any violation of an order of a court made pursuant to this section shall be punishable as contempt.
(h) The remedies provided by this section are in addition to other remedies provided by law. No period of limitations, except those provided by this section, shall limit the right of recovery under this section.
That is not surprising.
This last could be a major hurdle, and is likely to be an issue in any state statute. Anyone know if there is a US Son of Sam statute?
18 U.S.C. 3681
(a) Upon the motion of the United States attorney made at any time after conviction of a defendant for an offense under section 794 of this title or for an offense against the United States resulting in physical harm to an individual, and after notice to any interested party, the court shall, if the court determines that the interest of justice or an order of restitution under this title so requires, order such defendant to forfeit all or any part of proceeds received or to be received by that defendant, or a transferee of that defendant, from a contract relating to a depiction of such crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind, or an expression of that defendant's thoughts, opinions, or emotions regarding such crime.
(b) An order issued under subsection (a) of this section shall require that the person with whom the defendant contracts pay to the Attorney General any proceeds due the defendant under such contract.
(c)(1) Proceeds paid to the Attorney General under this section shall be retained in escrow in the Crime Victims Fund in the Treasury by the Attorney General for five years after the date of an order under this section, but during that five year period may--
(A) be levied upon to satisfy--
(i) a money judgment rendered by a United States district court in favor of a victim of an offense for which such defendant has been convicted, or a legal representative of such victim; and
(ii) a fine imposed by a court of the United States; and
(B) if ordered by the court in the interest of justice, be used to--
(i) satisfy a money judgment rendered in any court in favor of a victim of any offense for which such defendant has been convicted, or a legal representative of such victim; and
(ii) pay for legal representation of the defendant in matters arising from the offense for which such defendant has been convicted, but no more than 20 percent of the total proceeds may be so used.
(2) The court shall direct the disposition of all such proceeds in the possession of the Attorney General at the end of such five years and may require that all or any part of such proceeds be released from escrow and paid into the Crime Victims Fund in the Treasury.
(d) As used in this section, the term "interested party" includes the defendant and any transferee of proceeds due the defendant under the contract, the person with whom the defendant has contracted, and any person physically harmed as a result of the offense for which the defendant has been convicted.
(I don't know what section 794 covers, but it could be debated (well, it already is being debated) as to whether he committed an "offense against the United States resulting in physical harm to an individual.")
Isikoff said the people at DOD are hot to get this guy big time, throw the book at him.
The parents, Marily and Frank, are going to have a hard time spinning this one. Time for a rewrite???
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