M. Gerald Schwartzbach
M. Gerald Schwartzbach (born 1944) is an American criminal defense attorney.
Early life and career
Schwartzbach, the youngest of three children, was born in
He began practicing law in
Schwartzbach moved to San Francisco in 1972. He worked in the Bay View-Hunter's Point neighborhood of San Francisco, representing poor families. He eventually opened a solo practice where he frequently represented indigent criminal defendants.[2] In June 1987 he accepted an offer to become a named partner in the firm of Garry, McTernan, Stender, Walsh & Schwartzbach.[3]
Legal practice
In 1971 Schwartzbach convinced
In Hawkins v. Superior Court, a 1978
In one of the first uses of the
In 1982 Schwartzbach obtained the acquittal of Reuben Vizcarra, a "
Also in 1982, in Keenan v. Superior Court, Schwartzbach persuaded the California Supreme Court to establish the presumptive right of defendants in capital murder cases to have two court-appointed attorneys.[13][14]
From 1992 to 1995 Schwartzbach was chief trial counsel for Murray John Lodge, Jr. in
Schwartzbach was one of the plaintiffs' counsel who obtained a 1999 jury verdict of almost $300 million in the personal injury/products liability case of Romo v. Ford Motor Co. The case involved a family whose parents and brother died after its 1978 Ford Bronco rolled over and the roof gave way.[18][19]
Stephen Bingham
Schwartzbach was chief trial counsel for attorney
Richard Bandler
In a 1988 Santa Cruz County murder trial, Schwartzbach won the acquittal of
Glen "Buddy" Nickerson
In 2000 Schwartzbach persuaded Marilyn Hall Patel, Chief Judge of the United States District Court for the Northern District of California, to set aside the statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 as it pertained to Glen "Buddy" Nickerson, a man serving a life sentence for a 1984 double murder. Patel did so based upon what she found was a persuasive showing of "actual innocence."[18][27]
In March 2003, after Schwartzbach had worked 13 years to prove Nickerson's innocence and Nickerson himself had spent nearly 19 years in prison, Nickerson was freed.[28] Nickerson's federal habeas corpus petition was granted by Judge Patel, who found that Nickerson was denied a fair trial as a result of police misconduct. She concluded that manipulation of evidence and failure to disclose exculpatory materials pervaded the law enforcement investigation and the evidence at trial.[29] There was no physical evidence tying Nickerson to the crime of which he was convicted. Among the other factors compromising the guilty verdict was a witness misidentification. The witness initially described the culprit as an injured man weighing 200 pounds with a moustache, yet, after repeated conversations with law enforcement investigators, identified the culprit as Nickerson, an uninjured man weighing 430 pounds with a "full, shaggy beard."[30]
Robert Blake
Representing actor Robert Blake, Schwartzbach obtained an acquittal in the actor's 2005 murder trial. The Los Angeles District Attorney's office alleged that the actor, who was famous for Our Gang and the Baretta television series, had both solicited others to kill his wife and then murdered her himself.[31][32]
Marshawn Lynch
Schwartzbach represented then
Schwartzbach again represented Lynch in a 2009
Hootan Roozrokh
In the first criminal prosecution of its kind in the United States, Schwartzbach represented Hootan Roozrokh in a 2009
Memoir
Mr. Schwartzbach’s memoir entitled, Leaning on the Arc: A Personal History of Criminal Defense, was published by the American Bar Association. https://www.amazon.com/Leaning-Arc-Personal-History-Criminal/dp/1634251377#customerReviews
References
- ^ a b "Schwartzbach, M. Gerald". Education for a Lifetime. Washington & Jefferson College. Archived from the original on 2012-03-03. Retrieved 2010-05-15.
- ^ a b c Andrew Blankstein (March 28, 2005). "Attorney Makes Mark by Taking Cases That Others Avoid". Los Angeles Times.[permanent dead link]
- ^ "Schwartzbach joins Garry firm". The Recorder. May 12, 1987.
- ^ "Michigan Governor Rejects Extradition Of Arkansas Negro". The New York Times. April 29, 1971.
- ^ "Let Me Stay Up North". Jet Magazine. April 2, 1971.
- ^ "A Way for Lester". Time Magazine. July 12, 1971. Archived from the original on March 28, 2008.
- ^ Tom Nugent (April 27, 1971). "Milliken Hears Pleas: Arkansas Extradition Fought". Detroit Free Press.
- ^ "Milliken refuses extradition for Ark. fugitive". The Detroit News. April 28, 1971.
- ^ Larry Bodine (November 27, 1978). "California Grand Jury's Criminal Role Threatened". The National Law Journal.
- ^ William Carlsen (June 10, 1981). "'Battered Wife' Cleared In Shooting of Husband". San Francisco Chronicle.
- ^ Joan McKinney (June 10, 1981). "Abused-wife defense frees woman in shooting". Oakland Tribune.
- ^ Lance Williams (May 29, 1982). "'Brown Beret' activist acquitted in murder plot". Oakland Tribune.
- ^ Connie Kang (February 2, 1982). "Suspects in capital crimes get 2 lawyers, state high court rules". San Francisco Examiner.
- ^ "Keenan v. Superior Court (1982) 31 Cal. 3d 424". Archived from the original on July 11, 2011.
- ^ Nina Martin (September 1993). "Murray's Law". California Lawyer. Archived from the original on 2011-07-08. Retrieved 2009-06-18.
- ^ "After 10 Years, Killer Learns His Fate Life Term: The District Attorney Won't Seek Death for the Longtime Prisoner". San Jose Mercury News. January 24, 1995.
- ^ Jennefer Pittman (January 24, 1995). "Two-Time Killer Will Go to Prison." San Francisco Daily Journal.
- ^ a b Tricia Cambron (November 2000). "The Crusader: Here Is A Lawyer Who Not Only Defends His Clients In Court, He Also Alters The Justice System". Pacific Sun.
- ^ "Correction". Jury Verdicts Weekly. August 27, 1999.
- ^ Mariann Hansen and Mark A. Stein (June 28, 1986). "Jury Acquits Bingham in Prison Deaths Rejects Charge He Smuggled Gun in '71 San Quentin Riot". Los Angeles Times.
- ^ "Bingham Not Guilty of Murder: Jury Clears Lawyer in '71 Quentin Riot". Sacramento Bee. June 28, 1986.
- ^ "Lawyer acquitted of providing gun that sparked '71 prison riot". Associated Press. June 28, 1986.
- ^ John Koopman (May 24, 2009). "Idealist's slaying in '71 still haunts today". San Francisco Chronicle.
- ^ Mark Bergstrom (January 29, 1988). "Bandler Not Guilty: Jurors deliberate less than six hours". Santa Cruz Sentinel.
- ^ "Psychotherapist Not Guilty in Prostitute's Murder, Jury Finds". Los Angeles Times. January 29, 1988.
- ^ "Psychologist Acquitted in Prostitute's Slaying". San Jose Mercury News. January 29, 1988.
- ^ Howard Mintz (November 5, 2000). "Judge's findings open new doors for convict who denies '84 murder". San Jose Mercury News.
- ^ Tricia Cambron (November 14, 2003). "Faded Convictions". San Francisco Chronicle.
- ^ Glen William Nickerson, Jr. v. Ernie Roe, Warden (2003) 260 F. Supp. 2d 875
- ^ Nina Martin (November 2004). "Innocence Lost" (PDF). San Francisco Magazine. Archived from the original (PDF) on 2011-07-25. Retrieved 2009-06-26.
- ^ Lessley Anderson (July 2005). "Robert Blake's New Best Friend". San Francisco Magazine.
- ^ "Blake jurors say 'a lot of discussion' led to acquittal decision". CNN.com. March 17, 2005.
- ^ Henry K. Lee (January 30, 2007). "D.A. won't file charges against former Cal star". San Francisco Chronicle.
- ^ Harry Harris (January 30, 2007). "Ex-Cal player won't face charges". Oakland Tribune.
- ^ Keith Brown (March 6, 2007). "Ex-Girlfriend's Restraining Order Against Lynch Revoked". The Daily Californian.
- ^ Tim Graham (February 16, 2009). "Bills RB Lynch arrested in California". ESPN.com.
- ^ "Lynch gets probation for guilty plea". ESPN.com. March 5, 2009.
- ^ Tom McNichol (June 2009). "Cutting It Close: How a small-town DA's office raised disturbing questions about the harvesting of organs". California Lawyer. Archived from the original on 2011-07-08. Retrieved 2009-06-18.
- ^ Rong-Gong Lin II (June 4, 2009). "Medical Board drops complaint against transplant doctor". Los Angeles Times.