A couple of days ago Jim Dedman, my co-author on The Lindbergh Kidnapping Case, called my attention to a review that had been published in the Tennessee Bar Association Journal. I got in touch with the author of the review, William J. Landers, and asked if I could post the review. Here it is, posted with his gracious permission, exactly as it appeared in the Journal:
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The Lindbergh Kidnapping Case: A Critical Analysis of the
Trial of Bruno Richard Hauptman
By William Landers on Thu, 06/01/2017 - 12:00am
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By James M. Dedman III and George R. Dekle Sr | The Lawbook
Exchange Press | $75 hardcover | 414 pages | 2016 | Reviewed by William J.
Landers
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The kidnapping and death of the “Lindbergh” baby in March
1932, created a media storm and a series of trials not seen before. The Crime
of the Century was followed by the Trial(s) of the Century, which were followed
by a never-ending stream of books supporting or attacking the conviction and
execution of Bruno Richard Hauptmann. The two experienced criminal trial lawyers
who wrote this book have successfully taken a different approach — analyzing
and critiquing the trials and the performance of the attorneys from the
perspective of trial lawyers. The result is a book that should be of interest
of both law students and experienced attorneys.
In 1932, Charles Lindbergh Sr., was one of the most famous
people in America. His solo transatlantic flight in 1927 had captured the
imagination of the entire world. He received the Congressional Medal of Honor.
His plane, the Spirit of St. Louis, is housed in the Smithsonian Air &
Space Museum in Washington, D.C. But, tragedy struck when his 20-month-old son,
Charles Lindbergh Jr., was kidnapped and murdered on March 1, 1932, from their
new home in Hunterdon County, New Jersey.
Two years later, Richard Bruno Hauptmann, a 34-year-old
German immigrant carpenter, living in the Bronx, was arrested, extradited to
New Jersey, tried and convicted, had his appeals denied, and was executed in
April, 1936. After his arrest, he gave a number of contradictory statements to
the police, but denied his guilt; so, frustrating the police that they
unsuccessfully tried to beat a confession out of him. Evidence tying him to the
crime included a homemade ladder found outside the Lindbergh house, handwritten
ransom notes, and possession or use of some of the notes from the $50,000
ransom.
The first hearing subjected to forensic analysis by the
authors was the hearing in New York to decide whether to extradite Hauptmann to
New Jersey to face a murder charge. The defense sought to prove that Hauptmann
was in New York on the night of the kidnapping. The burden of proof on the
defense was “clear and convincing”. The defense had little time to prepare and,
as the authors point out, clearly had not carefully studied the evidence. The
authors provide a careful explanation of strategic and evidentiary points at
this hearing, ultimately concluding that “trial lawyers may question [the]
decision to contest extradition”, as it “gave the prosecution a preview of the
defense and provided them with more impeachment material for the trial.”
Moving to the trial, the authors analyze the preparation of
the cases for both the prosecution and the defense. They craft a suggested
factual theory and a case theory based upon the way the prosecution presented
its theory to the jury. They also created a detailed elements worksheet to show
how a case should be tried for the prosecution. The failure to have such a
checklist was evident in the prosecution’s potentially devastating failure to
prove one of the elements of the case.
As the case would involve many expert witnesses (metallurgy,
wood, and handwriting), they construct a helpful diagram to show how the
prosecution could have tied this complex testimony back to the key evidence tying
the defendant to the crime — “Ladder, Letters, and Loot.”
A similar, thorough analysis is given to every phase of the
trial. The prosecution’s opening statement is analyzed and a grave tactical
error elucidated. A better opening statement is presented by the authors. The
comparison of the two is compelling. Mistakes in cross-examination strategy are
highlighted and improvements suggested.
The defense is given the same treatment. The haphazard order
of proof was used as a backdrop to provide a better outline of discrete case
modules for the defense. Lack of defense witness preparation is demonstrated by
the devastating prosecution cross-examination of the defendant. And, as the
authors point out (and those of us who knew Memphis trial lawyer David Caywood would
know well), the defendant’s case could have been destroyed in the jury’s eyes
by the New Jersey legal doctrine of “false in one thing false in everything.”
Closing arguments (summations) are reviewed and critiqued.
One of the strengths of this book is the authors’ consistent review of the
attorneys’ work followed by the authors’ suggested improvements. They continued
this approach in the summation chapter.
The book closes with a review of the events following the
verdict. The side show atmosphere surrounding this trial continued up until
Hauptmann’s execution. I liked this book both as a review of these fascinating
and tragic events and as a critique of the performance of the litigants (and
others) throughout the judicial process. Using summaries of the actual trials
as a method for contrasting their expert analytical suggestions, the authors
have written a book that could be a useful and entertaining text for a law
school trial practice course.
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BILL LANDERS is a graduate of Mississippi State University
and Ole Miss Law School. He practiced commercial litigation for 20 years in
Memphis with Martin, Tate, Morrow & Marston PC He currently is a principal
with The Todd Organization focusing on non-qualified executive benefit plans,
corporate-owned life insurance, and bank-owned life insurance.
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