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The Kindred Client - Interview with Susan Rutberg Jorge Aquino the Recorder

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The Kindred Client - Interview with Susan Rutberg Jorge Aquino the Recorder Golden Gate University School of Law GGU Law Digital Commons Interviews Faculty Scholarship 3-6-1997 The Kindred Client - Interview with Susan Rutberg Jorge Aquino The Recorder Follow this and additional works at: http://digitalcommons.law.ggu.edu/interviews Part of the Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation Aquino, Jorge, "The Kindred Client - Interview with Susan Rutberg" (1997). Interviews. Paper 5. http://digitalcommons.law.ggu.edu/interviews/5 This Article is brought to you for free and open access by the Faculty Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Interviews by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. TIIEC CORDER THE BAY AREA'S LEGAL NEWSPAPER SINCE 1877 REPRINT The Kindred Client Empathizing with a defendant was never so easy for Susan Rutberg as when she represented Stephen Bingham, accused of furnishing the gun used in the San Quentin Massacre gust 21, 1971, went down as the bloodiest day in the history of California's prison system. That day, the state's most amous inmate, "Soledad ABrother" George Jackson, got hold of a gun and took over San Quentin State Prison's maximum security section in a daring escape attempt. The incident, which came to be known as the "San Quentin Massacre," ended with the deaths of Jackson, three guards and two other prisoners. At the time, Jackson was awaiting trial for allegedly killing a guard during a 1970 upris­ ing at Soledad State Prison. How Jackson obtained a 9 mm Astra in San Quentin's high-security adjustment center became one of the great whodunits of that tumultuous period. For years, suspicion rested on the shoul­ ders of29-year-old Stephen Bingham, a left­ wing lawyer with a wealthy pedigree and a history in the civil rights, farm worker and CROSSING THE EMPATHY LINE: "All of us lawyers for social change could have been at tenants rights movements. any point accused by the system of some crime," says Susan Rutberg. "So the victory for Bingham had been interviewing Jackson Steve was a victory for people who care about social change. This was one for the good for a suit challenging prison conditions and guys." was the last outsider to see the inmate before the uprising. nation of witnesses about the sequence of Rutberg, now an associate professor of Prison officials charged that Bingham had events at San Quentin on the day of Jack­ criminal litigation and trial advocacy at smuggled the gun to Jackson inside a tape son's escape attempt. Golden Gate, recalls how Bingham's case recorder. Bingham's subsequent disappear­ The Bingham defense was a class reunion afforded her the opportunity to revisit the ing act-he lived underground in France for for a generation of left-wing lawyers in San civil rights movement through contemporary 13 years - only seemed to confirm official Francisco, many of whom had scattered into accounts. She looks at how the spirit of the suspicions. prestigious private practices. movement played a part in jury selection and But in 1984 Bingham turned himself in, When a Marin County Superior Court how her client's testimony played with that saying he was innocent, tired of life on the judge ordered Bingham held on a $400,000 jury. And she recounts how her own anxiety lam and ready to face the charges against bond, several of Bingham's friends pledged at trying her flrst high-proflle case appeared him. At trial his defense would fall in large their houses as security so he could post bail. at one point to work a strategic advantage. part to Susan Rutberg. Supporters held fund-raisers to defray Bing­ Bingham was found innocent on June 27, Rutberg was 35, handling felony trials in ham'~ defense costs. 1986. But if his acquittal allayed suspicions the San Francisco public defender's office, At trial Rutberg and Schwartzbach played about the lawyer's complicity, it did any­ when Bingham surrendered to arrest. Bingham's history of non-violent activism to thing but put to rest questions about how the But she had kept close tabs on the case the hilt, defending Bingham's decision to San Quentin Massacre really unfolded and since the 1976 trial of Bingham's co-defen­ flee as based on a well-founded fear that he how Jackson, incarcerated inside Califor­ dants, the San Quentin Six. Then a student at might be the victim of a frame-up from nia's most airtight prison facility, could have Golden Gate University School of the Law, prison officials. obtained a gun. • Rutberg received briefings on the case dur­ In this interview for The Recorder with ing daily jogs with a friend who was clerking freelance writer Jorge Aquino, Rutberg says for one of the defense attorneys. Bingham's trial did more than present com­ • • • • • • • • Ten years later, M. Gerald Schwartzbach peting theories about what happened on an invited her to serve as co-counsel for Bing­ especially dark day in California history. The Recorder: This was a high-profile ham's trial. They devised strategy together Instead, she explains, the case became a case, but it was also an emotional one for and split up other duties in court. Rutberg, on referendum on Bingham's character: Was you. Why was it sa emotional? leave from the PD's office, handled the he, as Rutberg says, "an innocent client who opening statement, preparation of Bing­ was caught in a web of circumstantial evi­ Susan Rutberg: One of the things a good ham's character witnesses and cross-exami- dence and who had led an exemplary life"? lawyer tries to do is put herself in the shoes Or was Bingham, as a prison official put it, a of her client, right? And I think with Steve, This article is reprinted from the March 6, "dilettante revolutionary" bent on undermin­ as a lawyer committed to civil rights, it was 1997 issue. © 1997 THE RECORDER ing prison security? a lot easier for me to put myself in his shoes THE RECORDER than it would have been with some of my other clients. So I had no problem crossing that empathy line. I was right there. It was as if, in some way, it had happened to all of us. All of us lawyers for social change could have been at any point accused by the system of some crime. And all of us could have been in that position. So the victory for Steve was a victory for people who care about social change. This was one for the good guys. Recorder: How did you get involved in Bingham's defense? Rutberg: The San Quentin Six trial occurred while I was in law school. It lasted 18 months. It was the OJ. of its day, the longest trial in California history up to that point. Eventually, only minor charges were sustained against the prisoners - except for Johnny Spain, who was convicted of con­ spiracy and murder. I attended as a supporter of the prisoners. A lot of my [National] Lawyers Guild friends went there not just to watch the trial, IN FROM THE COLD: At his 1984 arraignment, Stephen Bingham confers with attorney Leonard Weinglass. or for political reasons, but to learn. I learned about the trial because a friend, Dennis Riordan, was Charles Garry's law had come to San Quentin to visit Jackson Recorder: What were some of the flaws in clerk at the time and Dennis and I used to go with a Black Panther Party member named the prosecution's case? running every morning. Charles Garry rep­ Vanita Anderson, who was working as an resented Johnny Spain and he was one of the investigator on Jackson's defense; that Rutberg: Their version depended, first of most amazing lawyers you could ever watch Anderson had handed Bingham a tape all, on the validity and integrity of the in a courtroom. So I knew about the case recorder when he went into the visitors cen­ Inspectroscope, the metal detector you have through Dennis and that's what primed me ter; that the tape recorder had a gun con­ to go through [at San Quentin]. During the to become one of Steve's lawyers years cealed in it; and that Bingham then slipped trial we had a personal experience with how later. the gun to Jackson. secure that system was. What kind of evidence did prosecutors We had asked for a "jury view," to actu­ Recorder: Who was Stephen Bingham? have connecting Steve Bingham to smug­ ally bring the jury to San Quentin, so they And how did he become involved with gling the gun? could see for themselves what the adjust­ George Jackson? ment center and what the prison looked like. Rutberg: A very flimsy collection of cir­ And they could go through the process of Rutberg: Steve Bingham was never a cumstantial evidence. It was ludicrous. I going through the metal detector that Steve criminal defense lawyer. Like many of the think what the prosecution did - which in went through on Aug. 21, 1971. In 1986 they lawyers of his generation, he graduated from my experience is what they so often do - is were still using the same metal detector. the Freedom Rides in the South, organizing work backwards from a conclusion: "Bing­ I was wearing a pantsuit or something and voters in Mississippi. Steve Bingham was a ham must be guilty. He's a radical lawyer, the buttons on my blouse apparently - college student at the time. He was idealistic affiliated with the Lawyers Guild and we unknown to me- were covered in cloth but and he came from a tradition of idealistic yet can't find him and he won't talk to us.
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