hey are a crash course in contrasts. The city also called Miller in when former One is a bombastic media darling, a LAPD Police Chief Daryl Gates seemed Last week, Cochran filed a suit in U.S. flamboyant courtroom orator who’s poised to rescind his resignation. Gates had district court in Los Angeles on behalf of the star of a TV talk show on American offered to give up his tenure following the Tyisha Miller’s family against the four justice; the other a deliberative, masterful 1992 riots in South Central Los Angeles, officers involved in the shooting, and legal craftsman, called in by major cities which were sparked by the acquittal of the naming the officers’ supervising sergeant when the evidence is stacked against them. officers who beat King. Through a well- and the city of Riverside as co-defendants. orchestrated media campaign, Miller was The civil action seeks unspecified damages It’s no surprise that either of the lawyers - able to secure for the city Gates’ much- for wrongful death, assault and battery, Johnnie Cochran and Skip Miller - was hired anticipated resignation. infliction of emotional distress, negligence, for their latest case, which involves a messy negligent hiring, and three civil rights police shooting of a sleeping woman. That “These are two very, very talented lawyers violations. they’re both on it is, by definition, news. who have made their mark on different sides of the same coin,” says Los Angeles County “This is a very important case. It’s a new day For the first time, Miller and Cochran are Supervisor Zev Yaroslavsky, also a former in Riverside,” says Cochran in an interview. squaring off against each other in a high- member of the L.A. profile case containing all of the elements City Council. the two trial attorneys have banked their careers on - a young black woman killed in a That coin has come hail of bullets, a police department under to rest in Riverside, fire, a city sued, a community in disarray. a smog-ridden town 60 miles due east of If the case seems uniquely made for their Los Angeles. It talents, they also couldn’t be better doesn’t take much experienced for it, having played leading to notice that the roles in the defining legal clashes of the money is long since decade - many of which were overheated by gone, along with the charges of racial inequity and police once-plentiful misconduct. orange groves. The beaux arts county Cochran, of course, is most famous for courthouse, built at convincing a jury to acquit O.J. Simpson of the turn of the murder charges in 1995. Throughout his century to duplicate career, he’s been a champion of minority the facade of the clients, alleging police brutality and worse. 1900 Paris Exposition’s Presently, he’s in trial representing Abner Grand Palace of Fine Louima, a Haitian immigrant who alleges he Arts, seems oddly was beaten and sexually tortured by white out of place in a city New York police officers after his arrest overtaken by tract during a brawl outside a Brooklyn nightclub housing and strip in 1997. The case has made national malls. headlines, putting Cochran once again in the spotlight, and reuniting him with two of So, too, do the news his co-counsel in the Simpson trial, attor- cameras and throngs neys Barry Scheck and Peter Neufeld. of reporters make a strange sight, not to Louis Miller, known universally as Skip, has mention Miller and quietly made a name for himself represent- Cochran, all drawn ing the city of Los Angeles and other here by the Dec. 28 municipalities in a series of controversial police shooting of cases, including when Rodney King brought 19-year-old Tyisha a multimillion-dollar suit against the city for Miller (no relation the videotaped beating he received from to Skip Miller) as police officers after a traffic stop. Miller she sat apparently unconscious in her “We are going to war. Enough is enough.” considers the case a win - despite a jury locked car, with a loaded gun on her awarding King $3 million - because the lap. Miller was shot 12 times - including In addition to energizing Cochran, Miller’s demand had been $25 million, based on the four times in the head. All told, 23 bullets death has galvanized Riverside’s black visually graphic and nearly unforgettable were fired, leaving her car looking like a residents, who say the police action was nature of the evidence. prop for a Bonnie and Clyde movie. skewed by racism. National personalities such as the Rev. Jesse Jackson and the Rev. representing many minority clients who whole country now knows, whereas Skip is Al Sharpton have come to Riverside several alleged they were victims of police brutality less of a personality and lets the law do the times to lend comfort and stake a moral in the 1965 Watts riots. His first benchmark talking for him. Skip gets his teeth into a claim in the controversy. case: representing the family of a young case and doesn’t let go. He’s not as prone to black man, Leonard Deadwyler, who was using as much of the rhetorical tools that are No one denies, not even the Riverside rushing his pregnant wife to the hospital available as Johnnie is.” district attorney’s office, that police officers when he was pulled over and subsequently arriving on the scene after the shooting killed by police fire. One challenge for Cochran is his hectic, made racial slurs, but the city insists the fame-bred schedule, which includes hosting officers’ decision to shoot had nothing to do Although Cochran lost the civil case in the Johnnie Cochran Tonight, a half-hour with bias. Earlier this month, District Deadwyler matter, he made a lasting program that runs Monday through Friday Attorney Grover Trask announced he would impression with his courtroom oratory. on Court TV. Due to this pressing commit- file no criminal charges against the four ment, Cochran relies heavily on his firm to officers, despite what he called a mistake in He didn’t lose in 1981, when he represented do much of the work in preparing a case, judgment - the officers’ decision to break the family of Ron Settles, a football star at and particularly on Greg Ferrer in Los the driver’s side window. California State University-Long Beach who Angeles. was found hanging in a jail cell after being Even before the civil suit was filed, Skip arrested for speeding. Cochran disputed that Terry Christensen, managing partner of Miller was called in by Riverside to assist in Settles had committed suicide and forced an Christensen, Miller, says he too is friends defending the municipality. exhumation and new autopsy, after which with both Cochran and Miller. He adds that the jury found that Settles “There was no magic to it,” says Riverside had most likely died from City Attorney Stan Yamamoto. “We needed a police choke hold. The somebody who could deal with a personality Settles family was like Mr. Cochran, and someone who’s been awarded $760,000. in the trenches with high-profile cases. We knew the services we required would far Los Angeles legal luminaries are watching he didn’t give a second thought when Miller exceed simply a trial attorney. It was clear the Riverside case with special interest, not - who considers Christensen a mentor - that Skip had all of the right experience and only because of its social implications, but accepted the offer to take on the Tyisha temperament.” also because of the tug-of-wills between Miller case and oppose Cochran. Miller and Cochran. Miller is a partner in Los Angeles-based “It did mean that the case would stay high Christensen, Miller, Fink, Jacobs, Glaser, Miller, considered a quiet legal craftsman, is profile, and it does mean it will raise the Weil and Shapiro, a firm with more than quick to point out that he’s lost less than a stakes, but I think he [Miller] chose a good 100 attorneys well known for its litigation handful of cases, and most of those were case. Skip can handle a high-profile case in a prowess and political connections. San during his first years in practice. Miller, who low-profile way,” says Christensen. Francisco Mayor Willie Brown was once of grew up in Chicago, did his undergraduate counsel to the firm and sold Christensen, work at the University of Denver. Upon “This is the kind of case that is going to be, Miller his lucrative private practice when he graduation, he followed his childhood on first impression, very, very strong for the went into municipal politics. Robert sweetheart to Southern California, attending plaintiff. Then you do your homework and Shapiro, who orchestrated Simpson’s UCLA’s law school. Upon taking his first bit by bit, piece by piece, demonstrate the defense team, is another name partner at job at a now-defunct litigation firm, he essential propriety of what happened,” the firm. begged to be allowed to do appointed work. Christensen adds. “In a way, it’s an ideal case That way, he would be assured of extensive for both of them. Johnnie gets to be Cochran is leader of the band at his small trial experience. dramatic and have a very big opening Los Angeles firm, which recently allied with statement. It’s an ideal for Skip because he’s a Southern firm to become Cochran, Cherry, It was in those early days that Miller began a craftsman.” Givens, Smith & Ferrer, with offices in crafting his bulldog-like style, a mode of Alabama and Georgia, and a new outpost in operating he continues to perfect. Cochran, If Cochran is known for his power of New York City. A handful of attorneys work meanwhile, is considered near-to-perfect in persuasion, then Miller is seen as being able in the L.A. office, known as the Law Offices his oratory powers and his ability to drop to calmly point out the weakness of his of Johnnie Cochran Jr. Firmwide, there are into a trial and persuade a jury. opponent’s case and the legal strengths of about 40 attorneys. his own. “They are both friends of mine, and are very Cochran, who grew up in Shreveport, La., different, so it will be an interesting Miller’s Century City office is crammed with took a job as a deputy L.A. city attorney confrontation,” says Yaroslavsky. memorabilia from past and present cases. after graduating in the early 1960s from “It is like UCLA vs. Houston in 1969 when And while his cases have mainly been won Loyola Law School at Loyola Marymount both teams were undefeated,” he continues. on the strength of his legal reasoning, Miller University. Cochran left the city job for “In addition to being a very gifted lawyer, is not above making waves in the court- private practice in 1966, and soon was Johnnie is a very dynamic orator, as the room. Most recently, he drew the ire of U.S. Cochran, likewise, speaks well of his latest an emotional tone for his scripted opening, District Judge J. Spencer Letts, who was courtroom adversary. “Skip is an able as he’s become an expert on the evils of presiding over consolidated lawsuits filed lawyer,” he says. “It will be interesting. I racial profiling. On a personal note, he says against the LAPD’s Special Investigations have a lot of respect for him. He’s a genuine he hasn’t forgotten being pulled over for no Section. Miller is representing the city of Los guy. good reason by an L.A. police officer when Angeles in the various actions. The suits he was working in the city attorneys office. allege that the special police unit allows “They [the city of Riverside] are going to suspects to commit crimes, thus provoking need able representation,” he adds. In the courtroom, however, Cochran says it gunfire. Two of the suits stemmed from a remains critical that he keep his emotions in 1995 holdup in Newbury Park, in which These days, Cochran splits his time between check, lest the law and the facts get lost. “I one robber was killed and another seriously Los Angeles and New York City, a commute try very hard. You have to stay above the wounded. The other suits fray, rationed and reasoned,” he resulted from a 1997 robbery at says. a Northridge bar, in which three of four occupants of a get- It doesn’t take a rocket scientist away car were killed by SIS to understand why juries like officers. Cochran and Miller. If success has made them grandiose, they keep On April 15, Letts disqualified that grandiosity well out of sight. himself, stating he was unable Like Cochran, Miller is convinc- to tolerate “outright false- ing and quick to the point, hoods” propagated by the whatever that point might be. defense team. Miller had been Miller also is sporting a new look trying to remove Letts from the - for the first time in his profes- two cases against the elite sional life, he’s not wearing police unit, arguing that the glasses, due to corrective laser Judge was biased against police eye surgery. officers. Miller says he wasn’t personally offended by Letts’ In the case of Tyisha Miller’s attack on him. “We believed he death, however, Miller is going was biased. He’s said police to need all the considerable legal were all untruthful. If a judge and persuasive tools he has at his stereotypes, he should remove disposal. Even some of Miller’s himself,” he says. most avid supporters say Cochran holds the edge going into trial, Like Cochran, Miller is deft at navigating took up two years ago on launching his due both to Cochran’s prominence and the emotionally charged waters, such as when television show. Much of the time, the show tragic circumstances, of the case. he successfully represented L.A. City is taped in New York. When he has to be in Councilman Nate Holden on charges of Los Angeles for legal matters, Cochran tapes “Everything is on Johnnie’s side. You just sexual harassment. Other memorable the show at a small Hollywood studio. can’t justify shooting someone 12 times notations on Miller’s thick resume include while they are asleep,” says a prominent Los representing Beverly Hills in a civil suit For a recent taping, Cochran arrived 15 Angeles politician. “It’s almost indefen- challenging alleged racial profiling by minutes before airtime - early for him. sible.” police, as well as winning for the city of Los “Show business is my life,” he jokes as a Angeles the dismissal of a $10 million makeup artist gives him a powder. According to detailed records of an investi- religious freedom suit brought by Robert gation conducted by the Riverside district Vernon, former assistant LAPD police chief. As a television host, Cochran says he is attorney’s office, four Riverside police careful not to engage in dialogue regarding officers were called to a gas station at the Miller likes to note that he’s handled any one of his own cases. Considering the show corner of Central and Magnolia streets after number of other complex matters - corpo- is shot live, he seems a television natural - two of Tyisha Miller’s friends placed a 911 rate and otherwise - such as successfully professional and unflappable, in steering the call, saying their friend was passed out in representing rock star Rod Stewart in a debate of various guests about current legal her car with the radio blaring. The officers, palimony claim. matters. During commercial breaks, he three of whom were 25 years old or banters with the producers in New York and younger, were unable to rouse Miller, who “I never lose my focus. My focus is on the takes quick sips of an orange soda he keeps would later register a blood-alcohol level judge, the jury and the court-room. My discreetly out of view of the cameras. well above the legal limit. motto - have gun, will travel.” Miller says. “I’m looking forward with relish to going up The subject of this particular show is close In the next few minutes, the officers decided against Johnnie Cochran. He’s a very to his heart: racial injustice in the juvenile to break the front passenger window and capable trial attorney.” system. Cochran has no trouble mustering retrieve the gun, concerned that Miller was possibly having a seizure, according to the district attorney’s investigation. When that attempt failed, 23-year-old Daniel Hotard told his fellow officers he would break the driver’s side window with a baton. As he broke the window and reached in the car, he apparently was hit with a piece of glass and fell to the ground, calling out that he had been shot.

At the same time, Hotard’s fellow officers, who said they’d seen Miller reach for her gun, opened fire. Rolling over on the ground, Hotard also began shooting. After the initial round of gunfire ceased, the officers told investigators, Miller moved again. Once again, they began shooting. All told, the officers fired off 23 bullets, 12 of which hit Miller.

“I tell you what, I relish the thought of trying this one. They [the police depart- ment] need to be exposed,” says Cochran. “I want to make sure that Tyisha Miller didn’t die in vain.”

For his part, Miller says he will be able to convince a jury to decide the case on the facts and the law, which is that the Riverside police officers responded appropriately to a situation where a loaded weapon was involved. “There will be some real surprises. It’s not all as it appears,” he says.

The city of Riverside also has hired Los Angeles-based Sitrick & Co., a media consulting firm specializing in damage control. Mike Sitrick, founder of the firm, also is a longtime friend of Miller’s.

Even in such a high-profile case, with the accompanying rhetoric, legal observers believe Miller and Cochran also are skilled negotiators, neither of whom would view a settlement as a defeat.

“Both Johnnie and Skip are passionate warriors, but they also are pragmatic,” says Yaroslavsky. “It would be quite a scene to see them in that chess match, but my gut tells me that if there’s a way to settle, they will. Their egos are not crying out for another case.”

Pamela McClintock is a staff writer at California Law Week. Her e-mail address Is [email protected].