Showing posts with label Prairie Defender. Show all posts
Showing posts with label Prairie Defender. Show all posts

Saturday, May 8, 2021

FEEDBACK ON "PRAIRIE DEFENDER: THE MURDER TRIALS OF ABRAHAM LINCOLN"

I recently received a nice email from a relative of one of Abraham Lincoln's clients in a case I wrote about in "Prairie Defender: The Murder Trials of Abraham Lincoln." He graciously allowed me to publish the letter, which gives some information on the client's life after Lincoln defended him.

Dear Mr. Dekle,

I've really enjoyed reading your book, Prairie Defender, especially the chapter on the Moses Loe murder trial.  I have always had an interest in Lincoln and the Civil War, and a personal interest in this case since Moses Loe was my great-great grandmother's first cousin.  I was also interested to see that you are a fellow Floridian and associated with UF.  I'm a UF grad (1980) with an MA in History.  At one point I considered writing up the Loe case for submission to a historical journal.  Now, I'm glad I didn't, since your account, with your legal expertise, is far more perceptive than anything I could offer.

I think this case is particularly interesting since Lincoln saved Moses's life from the hangman and Moses eventually gave his life for Lincoln's foremost cause of saving the Union, a cause for which Lincoln himself proved to be the ultimate sacrifice.

I hope to visit Moses's grave the next time I am in the Atlanta area.  Last year, while in Chattanooga, I had the honor of visiting the grave of his older brother, Fielding (Fielden) Loe, a Mexican-American War veteran who was also killed in the Civil War.

Thank you very much for your research and your insights.

Regards,
Rodney Dillon, Jr.

Wednesday, April 24, 2019

A CHARACTER SKETCH OF ABRAHAM LINCOLN

The following comparison of Abraham Lincoln with his colleague, Kirby Benedict, comes from pages 39 & 40 of Kirby Benedict: Frontier Judge. It is a direct quotation of an article in the Danville Illinois Citizen of May 29, 1850:


Abraham Lincoln and Kirby Benedict are the direct antitheses of each other and are as widely separated as heaven and earth. Benedict is easy, graceful and fascinating. Lincoln is rough, uncouth and unattractive. The former is kind, affable, and courteous ; while the latter is stern, solemn, and unfamiliar.


Benedict has never been a deep thinker and, in his arguments, he depends almost entirely upon the resources of a rich and powerful imagination. As far as oratory is concerned, he transcends, by far, any member of the Bar on the Circuit; and it is perhaps true that he possesses more than all the others combined.


At one moment he dissects the testimony of a witness and over some trivial flaw, vents all the gall and bitterness of his invectives; then suddenly the mockery ceases and he solemnly and earnestly pleads for his client as his tones range from dulcet to fortissimo or the thunder of Niagara.


Yet with all his brilliancy and wit, the fascination of his eloquence and the sparkling joyousness of his disposition, he is never happy when alone. He lives only when his mind can be on the wing and like a caged eagle, pines when his pinions are fettered.

How different is Lincoln! He is gifted with a mind deeply imbued by study. His style of reasoning is profound; his deductions logical and his investigations are acute. In his examination of witnesses, he displays a masterly ingenuity and a legal tact that baffles concealment and defies deceit. When he addresses the jury, there is no false glitter or sickly sentimentalism. In vain we look for a rhetorical display of sublime nothings. His argument is bold, forcible, and convincing.

Such are some of the qualities which place Lincoln at the head of the profession in this state and although he may have his equal, it would be no easy task to find his superior.


Friday, January 18, 2019

AN AMAZON REVIEW OF "PRAIRIE DEFENDER: THE MURDER TRIALS OF ABRAHAM LINCOLN"

Review by Able Devildog:

January 16, 2019

BEING A LONG TIME LINCOLN RESEARCHER AND A VETERAN TRIAL LAWYER, I FOUND 
THIS BOOK MOST INTERESTING, PARTICULARLY BECAUSE THE AUTHOR DEBUNKS 
CRITICISM OF LINCOLN BY SEVERAL WRITERS ABOUT HIS ABILITY AS A TRIAL LAWYER 
WHICH I HAVE ALWAYS CONSIDERED QUESTIONABLE BASED UPON MY OWN RESEARCH.

Wednesday, October 24, 2018

A NEW REVIEW OF "PRAIRIE DEFENDER"

I just got in a copy of an advertising flyer from Southern Illinois University Press. It highlighted some of their newer books on Lincoln, and Prairie Defender was one of the books included, along with an excerpt from a review of the book published in the Midwest Book Review. Here is the entry for Prairie Defender:


ADDENDUM: After making the above post, I found the Midwest Book Review online and found the full text of the review. Here it is:

Synopsis: According to conventional wisdom, Abraham Lincoln spent most of his law career collecting debt and representing railroads, and this focus made him inept at defending clients in homicide cases. "Prairie Defender: The Murder Trials of Abraham Lincoln" is an unprecedented study of Lincoln's criminal cases, in which George Dekle (who worked as an assistant state attorney in the Third Judicial Circuit of Florida, where he prosecuted hundreds of homicide cases, and for the past ten years he served as the director of the prosecution clinic at the University of Florida Law School) disproves these popular notions, showing that Lincoln was first and foremost a trial lawyer. Through careful examination of Lincoln's homicide cases and evaluation of his legal skills, Dekle demonstrates that criminal law was an important part of Lincoln's practice, and that he was quite capable of defending people accused of murder, trying approximately one such case per year. After more than 150 years it is remarkable that there is still more to be discovered and written about the life and accomplishments of Abraham Lincoln.

Critique: "Prairie Defender" is an impressively researched, exceptionally well written, informatively organized and presented work of seminal scholarship. The result is a unique and singular study that will prove to be an outstanding and appreciated contribution to community and academic library 19th Century American History collections in general, and Abraham Lincoln supplemental studies reading lists in particular. Highly recommended.

Sunday, August 5, 2018

FLORIDA AUTHORS AND PUBLISHERS ASSOCIATION AWARDS BANQUET


Last night my wife, Lane, and I attended the Florida Authors and Publishers Association annual awards banquet in Disneyworld. It was held at the conclusion of their annual convention, which we were unable to attend due to the fact that we had conflicting commitments. We had rented a condo on the beach in St. Augustine and invited the kids and grandkids to come stay with us. Most of them were able to spend at least a little time with us, and the week was quite enjoyable despite the fact that Lane and I caught colds. With all the hacking and coughing, I managed to give my cold to our daughter Laura before she flew back to her home in Columbus. After everyone left, we had one day of just lying around the condo recuperating, and then the next morning we got up and drove back to Lake City, unloaded our beach stuff, loaded up our awards banquet stuff, and hit the road going to Orlando. Anyone familiar with the geography of Florida knows that we did not take the direct route from St. Augustine to Disneyworld and added about four hours travel time to our trip.

We got to the hotel just in the nick of time to shower, dress, and find the convention center. There were only thirty minutes left of the pre-banquet happy hour, which was just as well. I saw one person I knew, and she did not remember me. It wasn’t long, though, before we had met and talked to a number of interesting people. The less said about the meal the better. I found myself wishing that they had gotten the meal catered by Sonny’s Barbecue rather than Gaston’s Gourmet Confections (the name has been changed to protect the innocent). The dessert, however, was excellent. But I have never in my life seen smaller slices of cheesecake. I took two slices and found myself wishing I’d taken a third, but I was trying not to act like a backwoods ruffian.

My book, Prairie Defender: The Murder Trials of Abraham Lincoln, was entered in three categories and it medaled in all three. First, Prairie Defender won a Gold Medal in the category of Biography. I was extremely proud that I didn’t trip over anyone going to the rostrum to receive the award. I did grin like a mule eating briars for the picture, though.

Second, the book won a Silver Medal in the category Adult Nonfiction. Lane had warned me about my silly grin on the first go-around, and I tried to smile normally. Didn’t have much luck, though.
The third category was Politics/Current Events. I was kind of hoping for a Bronze Medal in that category so I could have one of each type. No such luck. The book won another Gold Medal. This time I think I managed a better smile.

We met a lot of interesting people who have led interesting lives, and they all seemed to be quite accomplished in their day jobs. Next year we plan to schedule our beach vacation around the FAPA convention.
It just occurred to me that Lane wasn't in any of the pictures. There are two reasons for this omission. Reason 1: She was behind the camera. Reason 2: We were both so doped up on cold medicine we weren't thinking straight. As evidence of Reason 2, when we left the hotel this morning we drove off and left my CPAP machine in our room. I didn't notice the omission until we had completed our four hour drive and were unpacking the car. Luckily, the hotel called, and they're mailing the machine to us. I'll only have to do without it for a few days.

 

Thursday, May 10, 2018

ILLINOIS STATE HISTORICAL SOCIETY AWARD


Presentation of Award

This past Saturday, May 5, 2018, The Illinois State Historical Society held their annual awards banquet at the historic state capitol building in downtown Springfield. Having been previously notified that I would be receiving an award for my book "Prairie Defender: The Murder Trials of Abraham Lincoln," I attended the banquet despite the fact that they told me I lived so far away they would not be offended if I chose not to go.

ISHS Award

My wife Lane's 50th anniversary class reunion was scheduled for the same night, so she stayed in Lake City to attend that event. We got our daughter Laura to go as her proxy, and the two of us did some sightseeing after the banquet. I met a lot of nice people, including some who had helped me with my research on the book. Most notable among those who helped with the book were two other gentlemen who received literary awards at the banquet: Guy Fraker, author of "Lincoln's Ladder to the Presidency: The Eighth Judicial Circuit," and Professor Brian Dirck, author of "Lincoln the Lawyer."

After the banquet and awards presentation John Alexander, owner of Books on the Square at 427 E. Washington Street just across the way from the capitol, hosted a roundtable and a book signing.  At the roundtable Guy Fraker, Brian Dirck, and I discussed common misconceptions about Lincoln's law practice and then fielded questions from an inquisitive audience. I thoroughly enjoyed the give-and-take of the discussion. At the conclusion of the roundtable, we signed books for patrons.


Signing Books at Books on the Square
Laura and I spent the next day at the Abraham Lincoln Presidential Museum. Almost all the exhibits had been completely changed in the years since Lane and I visited back when I was researching "Abraham Lincoln's Most Famous Case: The Almanac Trial." While we were browsing in the ALPM bookstore, Laura called my attention to the display of books on sale at the museum. I was quite pleased to see that they had stocked a goodly supply of copies of "Prairie Defender."


"Prairie Defender" on Sale at the Abraham Lincoln Presidential Museum

The next day we visited Lincoln's home. This time I was vigilant. I went directly to the book display in the gift shop to see if they were selling "Prairie Defender" there. They were.


"Prairie Defender" on Sale at Lincoln Home Gift Shop
We wanted to go to New Salem, where Lincoln first lived after leaving his father's home, but the park was closed that day, so we ended our tour of  Lincoln sights by visiting Lincoln's tomb at Oak Ridge Cemetery. An Egyptian Pharaoh would not be embarrassed to be buried in such a tomb.

The next morning we boarded the United flight to Chicago O'Hare to make our connections--Laura to Columbus and me back to Jacksonville. It was quite a nice trip. 

Sunday, March 18, 2018

MORE AMAZON REVIEWS OF "PRAIRIE DEFENDER"

Here are two more Amazon reviews of Prairie Defender:


DALE JONES


Shatters the myth that Lincoln was only a lawyer for the Illinois Central. The author, an experienced criminal law practitioner, provides a clear exposition of the practice of criminal law in general for laymen and explains well how criminal practitioners think about and try their cases. I practiced criminal law for 41+ years and came away impressed by both Lincoln and Mr.Dekle's analysis and insights.



«««««LINCOLN, FOR THE DEFENSE - EXCELLENT BOOK (February 8, 2018)

I've read 7 or 8 books on Lincoln's legal career in the past couple of years and I would put this right up there with my two favorites: Dirck's "Lincoln the Lawyer" and Steiner's "An Honest Calling." Except for a few instances, the details of each of the capital cases are fairly dry - especially considering what we see on the news every day n modern times - but the book is made exceptional for several reasons: a) colorful details of life on the Eighth Circuit that I had not seen before; b) exceptional expert insights from the author on trial strategies, cross-examination, criminal law procedure (period and modern) that I have not seen in any other book on Lincoln; c) rebuttals/corrections of received wisdom (actually, mostly myth) on Lincoln's part in some trials and d) an assessment of Lincoln's abilities as a criminal attorney. I borrowed this from the library but I am definitely adding to my own collection. HIGHLY RECOMMENDED.

Monday, January 15, 2018

AMAZON REVIEWS OF "PRAIRIE DEFENDER"

Here are two recent reviews of my book Prairie Defender: The Murder Trials of Abraham Lincoln that were posted on Amazon:

✭✭✭✭✭ LINCOLN'S MURDER TRIALS by R. Bull
George R. Dekle, Sr. relates all the stories about Lincoln's murder trials with the understanding of a seasoned attorney. HIs thirty years as an assistant state attorney of the Third Judicial Circuit of Florida gives him experience few can match. His research is thorough and his writing skills are top notch. He gives the reader the background quarrels that ended in tragedy and as much of the course of the trails as it is possible to know. An excellent book.

✭✭✭✭✭ I'VE READ A COUPLE OF HUNDRED LINCOLN BOOKS, AND THIS ... by Old Fart
I've read a couple hundred Lincoln books, and this one deserves a space on the bookshelf of every Lincoln scholar. It is well written enough to be of interest to the casual history reader and detailed and documented for those of us who want the citations. Most refreshing is the range of views of the skills of Lincoln as a lawyer, from mediocre to hagiography, and the integration of Lincoln's law practice, especially capital cases, in his political development.


Wednesday, August 9, 2017

RADIO INTERVIEW ON "PRAIRIE DEFENDER"

On 8/15/17 at 6:00 pm I will be giving an interview on my new book "Prairie Defender: The Murder Trials of Abraham Lincoln" on WDDQ Talk Radio, Valdosta, 92.1. You can listen to the interview here: https://tunein.com/radio/Talk-921-s28193/

Monday, June 26, 2017

THE AMAZON.COM BESTSELLER LIST

Today "The Lindbergh Kidnapping Case: A Critical Analysis of the Trial of Bruno Richard Hauptmann" placed in the top fifty trial practice books on the Amazon.com bestsellers list. (#41 to be precise). Today was a banner day. Two of my books were on Amazon's bestseller list. "Prairie Defender: The Murder Trials of Abraham Lincoln" came in at #21.

It's not the New York Times bestseller list, but it still gives me a degree of satisfaction to know that my (and my co-author's) books are reaching people, no matter how small the audience.

Monday, April 10, 2017

PRAIRIE DEFENDER: THE MURDER TRIALS OF ABRAHAM LINCOLN

Southern Illinois University Press just sent me the copy for the dust jacket of the book, Prairie Defender, asking me to look it over and see if I approved of it. I read the copy and thought "Dad gum, that sounds like a good book. I'd like to read it." And I really would like to read it again--even though I've read it countless times already getting it ready for printing. That's the way I am with a book I really like, I read it and re-read it numerous times. When I was a kid, I read my grandmother's copy of Swiss Family Robinson until the covers fell off.

I thoroughly enjoyed writing Prairie Defender, and I thoroughly enjoy every re-reading of it. I certainly hope the reading public gets as much pleasure out of it as I do. Here's the copy that's going to be on the inside flap of the dust cover:


According to conventional wisdom, Abraham Lincoln spent most of his law career collecting debt and representing railroads, and this focus made him inept at defending clients in homicide cases. In this unprecedented study of Lincoln’s criminal cases, George Dekle disproves these popular notions, showing that Lincoln was first and foremost a trial lawyer. Through careful examination of Lincoln’s homicide cases and evaluation of his legal skills, Dekle demonstrates that criminal law was an important part of Lincoln’s practice and that he was quite capable of defending people accused of murder, trying approximately one such case per year.

Dekle begins by presenting the viewpoints of not only those who see Lincoln as a perfect lawyer whose only flaw was his inability to represent the wrong side of a case but also those who believe Lincoln was a less-than-honest legal hack. The author invites readers to compare these wildly different stereotypes with the flesh-and-blood Lincoln revealed in each case described in the book, including an axe murder suit in which Lincoln assisted the prosecution, a poisoning case he refused to prosecute for $200 but defended for $75, and a case he won by proving that a supposed murder victim was actually still alive.

For each case Dekle covers, he first tells the stories of the feuds, arguments, and insults that led to murder and other criminal activity, giving a gripping view of the seamy side of life in nineteenth-century Illinois. Then he traces the course of the pretrial litigation, describes the trials and the various tactics employed in the prosecution and defense, and critiques the performance of both Lincoln and his adversaries.

Dekle concludes that Lincoln was a competent, diligent criminal trial lawyer who knew the law, could argue it effectively to both judge and jury, and would use all lawful means to defend clients whether he believed them to be innocent or guilty. His trial record shows Lincoln to have been a formidable defense lawyer who won many seemingly hopeless cases through his skill as a courtroom tactician, cross-examiner, and orator. Criminal defendants who could retain Lincoln as a defense attorney were well represented, and criminal defense attorneys who sought him as co-counsel were well served. Providing insight into both Lincoln’s legal career and the culture in which he practiced law, Prairie Defender resolves a major misconception concerning one of our most important historical figures.


Tuesday, November 1, 2016

PRAIRIE DEFENDER: THE MURDER TRIALS OF ABRAHAM LINCOLN

My next book is a survey of the criminal trial practice of Abraham Lincoln which focuses on the homicide cases which he both prosecuted and defended. The book is now in the copy editing stage, and it should be published sometime next year. Southern Illinois University Press is already taking pre-publication orders for it. It's also being sold on Amazon and Barnes & Noble.

As a sort of a preview of the book, here is the annotated table of contents:

TABLE OF CONTENTS: 
PRAIRIE DEFENDER: THE MURDER TRIALS OF ABRAHAM LINCOLN

INTRO: THE LEGEND OF LINCOLN THE LAWYER:
Discusses the commonly told stories about Lincoln as a practicing lawyer, roughly dividing them into two types: "Lincolnolatry," which portrays Lincoln as a saintly lawyer who never raised technical defenses and could not defend guilty clients; and "Lincolnoclasm," which portrays him as an unethical legal hack with marginal lawyerly skills.  Also discusses the commonly  held belief that Lincoln was not an accomplished criminal trial lawyer.

CH. 1: PEOPLE versus HENRY B. TRUETT, October 13, 1838:
 In his first murder case, which was prosecuted by Stephen A. Douglas, the defense faces the daunting task of trying to neutralize an almost open-and-shut case for the prosecution. Lincoln is trusted by his far more experienced co-counsel to give the summation for the defense. He talks the jury into acquitting.

CH. 2: PEOPLE versus WILLIAM FRAIM, April 23, 1839:
William Fraim stabs a man to death because the man blew cigar smoke in his face. Lincoln is appointed to represent him, loses the case, and Fraim is hanged despite Lincoln's efforts to have the case dismissed on a technicality.

CH. 3: PEOPLE versus SPENCER TURNER, May 23, 1840:

Lincoln teams with Stephen A. Douglas to successfully defend a man on a charge of murder and has to sue him to collect his attorney’s fee.

CH. 4: PEOPLE versus ARCHIBALD AND WILLIAM TRAILOR, June 18, 1841:

In a case which remains a mystery to this day, Lincoln defends two brothers accused of murder and proves they are not guilty by proving (much to his clients’ surprise) that the victim is not dead. Lincoln again has to sue to collect his fee. He later writes an article about the case entitled “Remarkable Case of Arrest for Murder.”

CH. 5: VARIOUS CRIMINAL CASES, 1845-1846:
Discusses a number of cases for which very little evidence has survived.
 
CH. 6: PEOPLE versus JAMES AND GEORGE DENTON, June 12, 1846:

Lincoln is retained to assist the prosecution in an axe murder. The first trial results in a hung jury, and the second results in an acquittal. This trial is cited as evidence of Lincoln’s inability to prosecute. The chapter investigates whether this case really supports the claim that Lincoln was not a good prosecutor.

CH. 7: VARIOUS CRIMINAL CASES, 1850-1853:

Discussion of more cases for which very little evidence survives.

CH. 8: PEOPLE versus MOSES LOE, May 19, 1853:
Loe waylays Gray, knocks him to the ground with a club, and then stabs him in the throat. It’s an open and shut case of murder. Through some adroit pretrial maneuvering and skillful trial work Lincoln is able to obtain a manslaughter conviction, which courtroom observers count as a loss for the prosecution.

CH. 9: PEOPLE versus DAVID LONGNECKER, June 3, 1856:
Longnecker, a lawyer, stabs a former client to death in an argument over unpaid legal fees. He is indicted and tried for murder, and the jury hangs. When the case comes up for retrial, Lincoln has joined the defense team. The jury hangs again. Lincoln writes and circulates a petition asking the prosecutor to drop the charges. It is signed by 14 members of the bar. The prosecutor dismisses the case.

CH. 10: LINCOLN'S PARDON PRACTICE:

Discusses Lincoln’s very active and successful practice in obtaining pardons for his clients. Pays particular attention to the case of George High, where Lincoln obtained a pardon for the leader of the Redwood Gang, a gang of horse thieves which engaged in interstate trafficking in stolen horses and used classic organized crime tactics. Attempts to understand how Lincoln could have associated himself with efforts to pardon such an unrepentant and unworthy person as George High.

CH. 11: PEOPLE versus JANE AND THEODORE ANDERSON, November 28, 1856:
Lincoln turns down an offer of $200 to prosecute a poisoning case and accepts a $75 fee to defend it. In a sensational, high-profile case Lincoln obtains an acquittal.

CH. 12: PEOPLE versus ISAAC WYANT, April 4, 1857:

Lincoln prosecutes one of the first cases in U.S. jurisprudence where the insanity defense is successfully interposed. This is another case cited as authority for the proposition that he was not a good prosecutor. We investigate the validity of charges that Lincoln botched the prosecution.

CH. 13: PEOPLE versus JOHN BANTZHOUSE, October 2, 1857:

Lincoln's client is freed when a murder indictment is dismissed on a technicality, and he flees the jurisdiction before the prosecutor can obtain another indictment. This case is often cited as an example of Lincoln's use of underhanded tactics. We investigate whether Lincoln engaged in improper conduct in the case.

CH. 14: PEOPLE versus MELISSA GOINGS, October 10, 1857:

Lincoln defends a woman charged with killing her husband. She disappears from the courthouse during a recess in the proceedings. When asked where she was, Lincoln is supposed to have said “She asked me where she could get a drink of water, and I told her there was some mighty good water in Tennessee.” Did he advise his client to flee the jurisdiction? Could this possibly have happened? We investigate the likelihood of this incident actually happening. If it did happen, what does this say about Lincoln’s ethics?

CH. 15: PEOPLE versus DUFF ARMSTRONG, May 7, 1858:
We give an outline sketch of Lincoln’s famous Almanac Trial, discussing certain aspects of the case not covered in Abraham Lincoln's Most Famous Case: The Almanac Trial. 


CH. 16: PEOPLE versus TOM PATTERSON, April 21, 1859:
This is the case which is most often cited for the proposition that Lincoln could not defend a guilty client. Lincoln supposedly decided midway through the trial that his client was guilty and refused to participate further in the defense. We examine the evidence that Lincoln quit in the middle of the case and weigh it against conflicting evidence that he did no such thing.

CH. 17: PEOPLE versus PEACHY QUINN HARRISON, September 3, 1859:
Lincoln defends the grandson of his old political rival Peter Cartwright against a charge of murdering a former law student of Lincoln’s. Some suggestion has been made that Lincoln used questionable tactics to introduce inadmissible evidence and free a murderer. We investigate this charge to determine its merits.

CH. 18: THE LEGACY OF LINCOLN THE LAWYER:

We assess the Lincoln shown by the historical record against the Lincoln of the Lincolnolators and the Lincoln of the Lincolnoclasts.

Sunday, September 25, 2016

MY ACCIDENTAL LITERARY CAREER



On the publication of my seventh (or is it my sixth) book, I got to thinking back over my accidental literary career, how it got started, and how it has progressed. I’d always had a hankering to become a published author, but never thought I'd actually do it. Then I retired from the State Attorney’s Office and things began to fall into place. 

[1] Prosecution Principles: A Clinical Handbook, West Group, St. Paul, MN, 2007.

When I started as a legal skills professor at the University of Florida College of Law, I couldn’t find a textbook on how to be a prosecutor, so I decided to write one myself. It wasn’t hard to throw something together because I had taught a lot of continuing legal education courses on a wide variety of subjects and I had written brief monographs for each subject. It was no trick to simply put the monographs together in the order I wanted to cover the subjects in class, and I had a textbook for my first semester. I made a pdf of the book and gave students free copies of the text. I’m almost never satisfied with something I make, and I keep going back and tinkering with it until I get it as near perfect (for me) as I can. Each semester I improved the textbook. One fine day a representative of West Publishing was giving us a refresher course on Westlaw, the computer research software. During a break, I told her about my plight in being unable to find a textbook and my solution. She said that West might be interested in publishing the book if it were aimed at a national audience. I told her I could certainly rewrite the book and make it less Florida-centric. And so, completely by accident, I got my first book published.

[2] The Last Murder: The Investigation, Prosecution, and Execution of Ted Bundy, Praeger, 2011.

Ever since guilty verdict in the Ted Bundy case, people have been asking me “Why don’t you write a book about the case?” I could write several thousand words on why I didn’t immediately try to write something about the case, but I won’t. I’ll just give two reasons: (1) I felt it was not proper to write about the case while it was still in litigation. (2) I needed to put a few decades between me and the crime before I could bring myself to write anything. I purposely set out to write a book that wouldn’t have a lot of commercial appeal. I wasn’t going to write a lurid, sensational penny-dreadful style book like most of the stuff that is written in the “true crime” genre. I wanted to write an antiseptic, professional analysis of the investigation and prosecution. Despite my best efforts to make the book unmarketable it sold fairly well. The style I adopted for The Last Murder would be the style of every subsequent book I’ve written. Academic, scholarly, and difficult to read unless you really want to learn something about the subject.

[3] Cross-Examination Handbook: Persuasion, Strategies, and Techniques, 1st ed., Wolters-Kluwer, 2011. (co-author). 

I hadn’t been practicing law long before I began to build a reputation as a pretty fair cross-examiner. I was often asked to teach on the subject of cross-examination at continuing legal education courses. (As a matter of fact, I’m going to be lecturing at a CLE on cross-examination in December). I wrote a monograph that I used in connection with my cross-examination lectures, and over the years I tinkered with it. More for my own amusement than with any thought of publication, I wrote a full-length book on the subject. It must have gone through 20-25 revisions. About the time I retired, I was talking to my good friend Ron Clark, Distinguished Practitioner in Residence at Seattle Law School, and he mentioned he was preparing to write a book on cross-examination. I told him I had already written one, and he wanted to read it. I sent it to him, and he invited me to co-author the cross-examination book with him. I said “Why not.” We used some of my work from my unpublished manuscript in Cross-Examination Handbook, but Cross-Examination Handbook is definitely Ron Clark’s book, I'm just a helper.

[4] The Case Against Christ: A Critique of the Prosecution of Jesus, Cambridge Scholars Publishing, 2012.

When The Last Murder came out someone asked me what I was going to write next. Without thinking I said “I think I’m going to write about the prosecution of Jesus.” I don’t know where that came from. I was surprised when I heard myself say the words, but I got to thinking that would be a very good project. I had been engaged in intense study of the New Testament since college, and I had two three-ring binders full of notes on the Gospels. The Case Against Christ turned out to be the hardest book to write of any of the books I have written. As I understand it, publishers expect fiction writers to provide them with completed manuscripts when they’re pitching a book; non-fiction writers give publishers proposals for unwritten books or books in progress. You send the publisher a description of your project, a sample chapter or two, and an annotated table of contents. If they like the book, they’ll give you a contract and give you direction in how they want you to finish the book. Publishers kept rejecting The Case Against Christ, and some of them were downright nasty about it. I took their critiques and rewrote, and rewrote, and rewrote. I lost track of how many rejections I got, but it was more than two dozen. I kept count of the number of drafts—48.  I finally found a publisher, and they seem to have a much higher opinion of the book’s worth than I do—they’re charging $75 a copy for it. This book turned out to be my biggest disappointment. It’s too dry. Chapters 3-6 should be Appendices A-C. It’s written for too small an audience. It’s formatted like a 19th Century Bible study book rather than a modern book. I could go on, but I won’t. I got my son John (who is a lawyer) to read the manuscript, and his assessment summed the book up quite well, I think. He said “The five people who read the book will really enjoy it.” One of these days, I’m going to revisit the trial of Jesus and write a more accessible (and affordable) account.

[5] Abraham Lincoln’s Most Famous Case: The Almanac Trial, Praeger, 2014.

The Almanac Trial was far and away the one that I had the most fun writing up to that point in my writing career. By the time I started writing the book, I was beginning to think that I needed write more like the newly emerging genre of “creative nonfiction” than the dry genre of academia. I had a contract to write the book in no time, and I tried hard to be more of a storyteller and less of a dry lecturer. It worked in some places and in other places it didn’t. The critique I got from my daughter Laura was that I spent too much time talking about how I figured out what happened. I felt like I had to do it, though, because some of the things I was saying were so contrary to the conventional wisdom about the Almanac Trial.
  
[6] Cross-Examination Handbook: Persuasion, Strategies, and Techniques, 2nd ed., Wolters-Kluwer, 2014. (co-author).

You might think I’m cheating by counting a second edition as another book, but we put a lot of work into the rewrite.

[7] The Lindbergh Kidnapping Case: A Critical Analysis of the Trial of Bruno Richard Hauptmann, 2016. (co-author).

When I was still with the State Attorney’s Office, my good friend Jim Dedman, who was with the National College of District Attorneys, asked me if I would like to write a chapter in a collaborative book he wanted to edit about the Lindbergh Kidnapping Case. I had written chapters for a couple of law books already, and I was game to write another one, so I agreed. Jim was busy and I was busy, and things never quite got off the ground until Jim retired, and the project morphed into just Jim and me writing the book. This book was the second-hardest to write, mainly because I knew absolutely nothing about the Lindbergh case before we began and the volume of material on the case is gigantic. I’m still no expert on the shenanigans that went on outside the courtroom, but I’m pretty well versed in the evidence now.

[8] Prairie Defender: The Murder Trials of Abraham Lincoln, in prepublication with Southern Illinois University Press. Projected publication date: late 2017.

To date, this is my favorite book, and I think it is going to be the most marketable. Of all the books I have written it is the least “academic.” Scholarly books have to go through a peer review process where anonymous experts read the book and critique it. You have to have a thick skin to get through the process. One of the reviewers barbecued me because my language wasn’t scholarly enough—it sounded like I was writing mystery stories rather than an academic text. My response to that was “Good.” He didn’t think I had enough footnotes, either. I added some footnotes, but I didn’t change my language. The book is still written in plain English, not “Academian.” I can hardly wait for the publication date. 

[9] Six Capsules: Poisoned Innocence (tentative title, 70,000 words written so far.

When we were finishing up The Lindbergh Kidnapping Case Jim asked me what I was going to write next, and I told him I didn’t know. Jim said “Why don’t you write about the Carlyle Harris case?” Not many people know anything about Carlyle Harris, but back at the end of the 19th Century, he was New York City’s answer to Ted Bundy—a handsome, articulate, charismatic medical student charged with the murder of a beautiful young girl. The case made headlines all around the nation, and it made the reputation of Francis L. Wellman, author of The Art of Cross-Examination. I read The Art of Cross-Examination when I was a senior in law school, and I read it about once every three months for the first two years I practiced law. There is a chapter in the book on the Harris case, so I was familiar with the case to that extent, but I wasn’t aware of all the bizarre goings-on surrounding the case. I dug into the facts a little, and I got hooked. I have written the book all the way through to the verdict of guilty and the appellate opinion affirming the conviction, and I’ve got about three more chapters to go. The case really gets bizarre after the Court of Appeals affirms the conviction. I haven’t started shopping the book around to publishers yet—I’m actually thinking about self-publishing this one. I want to publish a book in the price range of $15-$25. Well, we’ll just see what happens. 

[10] Who Knows? 

Where I’m going to go after Six Capsules is anybody’s guess. I do know one thing. As long as I can, I’m going to keep on writing. I’m never going to be on the New York Times bestseller list, but I’m going to do something that I really enjoy and something that I think is really worthwhile.