| Book Reviews |

Orange is the New Black: My ence out of her system, she moved on and the fact that she was allowed to Year in a Women’s Prison to a real life and a relationship with her self-surrender rather than being held in fiancé, Larry, who clearly did not know custody, seems to have escaped Ker- By Piper Kerman what he was getting himself into. Years man. In addition, she was not waiting Spiegel & Grau, New, York, NY, 2010. 295 after the criminal events took place, the to go into a penitentiary, although she pages, $25.00. knock came at Kerman’s door and the calls it that in the passage just quoted; federal agents showed up to confront rather, it was a camp. A penitentiary is her with her past. She faced drug con- a high-security prison, whereas camps e v i e w e d b y o n a n d s R J M. S spiracy and money laundering charges, have the lowest level of security of any Prison memoirs are a niche genre. with mandatory minimum sentences federal institution. The most celebrated are soul-search- and the threat of a decade-long prison Kerman’s narrative gets stranger as it ing accounts of incarceration (justified sentence if she went to trial. What did continues. She relates how she managed or not), transformation, and redemp- she do? She did what most defendants to survive in the camp and how the Sun- tion. They offer a glimpse into an- charged with federal conspiracy do: she day New York Times came on Monday other world—one with different rules, cooperated. Indeed, this is how Kerman (she eagerly turns to the “Styles” sec- a different vocabulary, and a different herself was brought into the net. When tion). Kerman recounts “to my horror” power structure. They can be harrow- one of the couriers for the conspiracy that she was receiving two subscriptions ing accounts, showing insight painfully was caught, he or she rolled and point- to The New Yorker from her family and gained and deeply felt. ed the finger at another, that one did the got the most mail of any inmate as well It is fair to say that Piper Kerman’s same, and so on. In fact, Kerman’s for- as a steady stream of books. Her uncle memoir is the first that reads like a mer lover, who had gotten her involved sent her a book called Japanese Street preppie’s handbook to prison life. The in “the trade,” named her after having Slang, because “you never know when title itself smacks of smugness. Her last been arrested and given the opportu- you’re going to need the right insult.” meal before she turns herself in to be- nity to cooperate. The penalties are so Without a doubt, this is the only prison gin serving a 15-month sentence at a severe that defendants, if given the op- memoir—and possibly the only book federal correctional facility in Danbury, portunity by prosecutors, almost always ever—in which a traumatic confronta- Conn., is a foie gras sandwich and a save themselves by turning on others. tion, at which the protagonist lays down Diet Coke. A climactic showdown oc- Kerman was no exception. She coop- the law, occurs at a salad bar. When a curs over—what else?—salad bar eti- erated and was allowed to plead guilty new inmate sought to throw her weight quette. While most inmates are fight- to money laundering in exchange for around by telling Kerman to stop pick- ing against prejudice or arguing for a the conspiracy charge being dropped. ing the spinach out of the mixed greens finding of prejudice in their counsel’s She caught a break: her sentence was and to move on, Kerman responded. “I alleged ineffective performance, Ker- only 15 months. I say “only” because, opened my mouth, mad enough to spit, man reads Pride and Prejudice while in the federal system, that is a short and said loudly, ‘I don’t eat iceberg let- lying in her bunk. Even Martha Stewart time—15 months, with credit for good tuce!’” “‘I don’t care what you eat, just (another Danbury alum) would have time, is barely over a year. Yet, to Ker- don’t be pickin’ in there!’” responded thought this a tad precious. man, it felt as if she were going away the antagonist, whom Kerman calls “Big After Kerman graduated from Smith for years or decades. Mouth.” A friend of Kerman’s then ma- College in 1992, she sought a bohemian It is hard to imagine a more solip- terialized at her side to stare down Big experience, so she waited tables in her sistic account than Kerman’s. She tells Mouth, who eventually slunk away. This college town and somehow (?) fell into her story as if it were a research pa- sounds more like a high school cafeteria an international drug-dealing conspir- per or an anthropological study with spat than a prison confrontation. acy, which took her to Europe. Most her at the center. Remember the foie Interwoven in her account are de- college graduates go abroad to see the gras sandwich? Kerman recounts wait- scriptions of Kerman’s relationships with sights; Kerman goes to launder drug ing to be taken in to start serving her her family and with the long-suffering money and ends up in Paris, Brussels, sentence: “Larry handed me a foie gras Larry, as well as some reflection on how and Zurich, acting as a courier of dirty sandwich that he had made from last she ended up in prison. She recounts money at the behest of a girlfriend (and night’s leftovers. I wasn’t hungry at all how she ended up in prison, but she paramour). Let’s see: graduated from an but unwrapped it from the tinfoil and does not seem to grasp the real gravity elite college—check; rebelled against munched every gourmet bite miser- of what she did or how lucky she actu- her parents—check; experimented ably. I am fairly certain that I was the ally was. Her family was horrified at her with bisexuality—check; gained some first Seven Sisters grad to eat duck liver arrest but stood by her, showing incredi- working experience—check; and be- chased with a Diet Coke in the lobby of ble support. Kerman thinks that she was came involved in an international drug a federal penitentiary. Then again, you able to get the plea break because she conspiracy—check. never know.” The cruelty of how foie had an excellent private lawyer. Good Once Kerman got that last experi- gras is made, the choice of the meal, thing, too, she explains, because even

60 | The Federal Lawyer | June 2010 good public defenders are overworked Foucault during her courses at Smith, Three Felonies a Day: How the and would not have been able to do surely her editors must have recog- Feds Target the Innocent what her counsel did. I beg to differ. nized that better writers and thinkers She got the break because she was min- have made sharper observations about By Harvey A. Silverglate imally involved, had information that prison life. Kerman does give the read- Encounter Books, New York, NY, 2009. was valuable to the government, and er a sense of the ebb and flow of the 323 pages, $25.95. was white and privileged. She benefit- institution, but the experience of serv- ed from prosecution policies that give ing 15 months differs dramatically from deals in return for cooperation. In many doing five or 10 years, which is the fate Re v i e w e d b y El i z a b e t h Ke l l e y districts, she would not have been af- of many female inmates convicted of The stories of federal prosecutions forded such an opportunity. drug charges and sentenced under the that Harvey Silverglate tells in Three Perhaps I am too harsh. Kerman harsh mandatory minimum penalties. Felonies a Day: How the Feds Target the shares her insights about those inmates Kerman came into contact with the Innocent make this one of the scari- who lacked her advantages: various tropes of the prison account: est books I have ever read. Alan Der- the hardened inmate with a heart of showitz’s foreword to the book sets Most of the women in the Camp gold, the long-termer named “Pops,” the tone: In prosecuting people under were poor, poorly educated, and the lesbian, and the minority inmates vague criminal statutes, the United came from neighborhoods where who befriended her. The camp is di- States is becoming perilously like the the mainstream economy was verse, with ethnic and racial factions. former Soviet Union. These statutes are barely present and the narcotics Anglos were the minority. There were so vague that almost any type of con- trade provided the most opportu- not the gang affiliations so prevalent in duct can conceivably fall under them. nities for employment. Their typi- male institutions, but this, after all, was In fact, the point of the book’s title is cal offenses were for things like federal prison camp. that most people unintentionally com- low-level dealing, allowing their Her stay at Danbury lasted less than a mit three felonies a day. The result, apartments to be used for drug year. Kerman was then sent to a prison Silverglate and Dershowitz agree, has activity, serving as couriers, and in Oklahoma City, on her way to Chica- been an explosion of federal prosecu- passing messages, all for low wag- go to testify at the trial of “Mr. Big.” On tions in recent years. es. Small involvement in the drug her way to testify, she encounters and As such, the federal court system is trade could land you in prison for rooms with her old friend and paramour no longer focused on finding truth and many years, especially if you had who got her involved in the drug busi- promoting justice. Instead, the accused a lousy court-appointed lawyer. ness. Kerman recounts, without irony, are trapped in a high-stakes game of that she was angry at her friend, who damage control, and judges are con- Such passages, however, do little turned her in, and yet Kerman testifies strained by harsh sentencing guidelines more than repeat conventional wisdom, at the friend’s trial in order to keep her and mandatory sentences. The accused and Kerman’s recognition elsewhere end of the bargain. During their time to- feel compelled to plea bargain, even in the book that the inmates convicted gether, they come to an understanding: when they are innocent or have a de- of drug offenses were often nicer than they each did what they had to do. fensible case. Moreover, defendants, in white-collar inmates convicted of bank Kerman’s account reads very differ- an attempt to cut a more favorable deal, and insurance fraud, credit card scams, ently from any memoir that I have pre- provide information about co-defen- and check kiting is the sort of self-re- viously read about the prison experi- dants or others involved in the alleged garding observation one expects from a ence. An infraction, which is recorded activity. But these defendant-witnesses, movie-of-the-week heroine, not a pub- as a “write up,” could be for something as Dershowitz notes, “are taught not lished memoirist. Kerman also takes note minor, such as a messy room, or for a only to sing, but to compose.” of the power that the guards wield: major violation, such as fighting. The Silverglate is a prolific writer who is punishment could be slight, such as the widely quoted in the media, and his It is hard to conceive of any re- temporary loss of commissary privileges, own story is colorful and inspiring. He lationship between two adults in or more serious, including isolation and has been practicing law since the late America being less equal than even the loss of “good time.” This book 1960s, when he handled cases involv- that of prisoner and prison guard. itself is a major infraction. The account ing what he calls the “three D’s”: drugs, The formal relationship, enforced was punishment to read and reflects a draft, and demonstrations. Over the by the institution, is that one per- “woe is me” attitude by a privileged au- years, his practice, which is based in son’s word means everything and thor, who, frankly, received a break that Boston, has evolved into criminal de- the other’s means almost noth- many others did not. If prison changed fense and civil rights work. ing; one person can command Kerman in any meaningful way, the evi- In Three Felonies a Day, Silverglate the other to do just about any- dence of such transformation has been describes a collection of cases, some thing, and refusal can result in omitted from her memoir. TFL of which he handled. The cases are total physical restraint. arranged thematically to illustrate the Jon M. Sands is the federal public de- Even if Kerman skipped reading fender for the District of Arizona. reviews continued on page 62

June 2010 | The Federal Lawyer | 61 reviews continued from page 61

government’s targeting of different ingly fractious society sorts us. do so I can get out of here?” The civil groups: politicians, doctors, account- In this arena, the divide between attorney has been confronted with the ing firms, the press, and defense law- self-interest and the interest of controlled chaos of the American crimi- yers. Some of the prosecutions are of others disappears. When the feds nal courtroom, and he wants nothing famous defendants, such as Ken Lay, appear on the scene, claiming to more to do with it. Michael Milken, and Martha Stewart; represent the public interest by Underlying this scene are some others are of ordinary people whose going after some citizen who had truths about the world in which local lives were turned upside down and of- no reasonable way of knowing prosecutors operate that never make it ten destroyed by federal prosecution. that his or her conduct could be into “Law & Order” episodes. For one Many of these defendants were acquit- deemed a felony, do not ask for thing, the sheer number of crimes and ted by juries or had their convictions whom the bell tolls. It tolls for all. accused persons—when compared to overturned on appeal, but that meant TFL the much smaller number of individu- little to those who were charged and als tasked with prosecuting them and convicted. Hence the old saying: the Elizabeth Kelley is a criminal defense the available hours in a day—is truly power to indict is the power to de- attorney in Ohio. She has a special staggering. This calculation factors sig- stroy. commitment to representing individu- nificantly in the vast majority of deter- Three Felonies a Day is relatively als suffering from mental illness and minations local prosecutors make re- short, but at times it is dense and a bit mental retardation. She frequently garding the cases before them. too detailed. Still, that is largely because provides legal commentary for TruTV, Unfortunately, if the civil attorney of the nature of white-collar crime; the CNN, and MSNBC, among other media in our story is unfamiliar with the real fact pattern of an obstruction of justice outlets, and can be contacted at Zeal- workings of the criminal justice sys- case, for example, is more complicated [email protected]. She also serves tem, the average non-lawyer has even than that of a case involving robbery of on the board of the National Associa- less knowledge. Given that we ask this a convenience store. tion of Criminal Defense Lawyers and is same citizen to vote for his or her local Silverglate articulates well what the chair of its Corrections Committee. judges and district attorneys, the poten- our clients know: that the govern- tial consequences for the criminal jus- ment could dispose of much so-called No Higher Calling, No Greater tice system are legion. criminal conduct through civil actions Responsibility: A Prosecutor Hoping to cure this problem is brought by regulatory agencies. Silver- Makes His Case John Suthers, who has been a pros- glate has a special contempt for many ecutor at every level and now serves criminal defense attorneys who began By John W. Suthers as Colorado’s attorney general. And their careers as prosecutors or U.S. at- Fulcrum Publishing, Golden, CO, 2008. to educate the average American citi- torneys and seem to assume that the 165 pages, $16.95. zen about some of the harsh realities government would not charge a person of the prosecutorial function and the unless he or she is guilty. Too often, criminal justice system in general, he these newly minted defense attorneys Re v i e w e d b y Na t h a n Br o o k s offers this book, No Higher Calling, No are almost complicit in persuading their Greater Responsibility, an installment in clients to plead guilty. And Silverglate Every local prosecutor is familiar Fulcrum Publishing’s “Speaker’s Cor- underscores the importance of working with a common courthouse scene: the ner” series of short works in the field as a prosecutor or U.S. attorney if one experienced civil attorney who con- of public policy. wants to succeed in politics. fidently ambles into a criminal court- It takes Suthers time to get going, By telling the stories of ordinary peo- room to “handle a case for a friend.” as the opening chapters suggest a ple charged with extraordinary crimes, After a few steps, however, the attor- writer who is unsure of what direc- Silverglate makes Three Felonies a Day ney’s confidence fades against the fast- tion his book should take. Although relevant for all. He concludes with the moving, confusing environment of the his life story, for example, is interest- following warning: big-city criminal courtroom. He sees a ing, it is not particularly relevant to the swarm of defense attorneys surround- purpose of the book. Further, his brief The battle to restore proper bal- ing one or two prosecutors and hears overview of randomly selected famous ance between the power of fed- the steady buzz of plea deals quickly trials—from the trial of the Rosenbergs eral prosecutors and civil soci- negotiated in a language that is foreign to O.J. Simpson’s—read as filler. Most ety cannot be fought along lines to him. questionably, Suthers somewhat con- separating liberals from conser- By the time our civil attorney makes fusingly spends an entire chapter trying vatives, law-and-order advocates it to the prosecutor’s table, his attitu- to connect criminal compulsion to the from libertarians, populists from dinal shift is complete. Regardless of seven deadly sins. industry leaders, reporters from what his face-saving words to the pros- Suthers hits his stride roughly half- moguls, or any of the other cat- ecutor are, his eyes betray his one re- way through the book, grabbing the egories into which our increas- quest: “Will you please tell me what to reader with a fascinating and tragic an-

62 | The Federal Lawyer | June 2010 ecdote that brings into sharp focus the led consumer protection lawsuits, such lic passions. In The Past Is Never Dead, wide discretion that characterizes the as the tobacco litigation. Although this Harry M. MacLean forces us to examine prosecutorial function. As noted above, may be another instance of Suthers that premise and to balance it against prosecutors must weigh myriad factors showing his political stripes, his argu- the need for societal redemption. I when determining whether to pursue ment is still an interesting and informed found the journey fascinating, but the a case, and this power presents ethical one. end was disturbing. considerations not found in other ar- And “informed” is the one word that To pose the dilemma, MacLean se- eas of legal practice. Suthers smoothly should jump out at any reader of this lected the 2007 federal trial of former weaves into this discussion the obliga- book, despite some of the book’s flaws. Klansman James Ford Seale for kid- tory mention of the Duke lacrosse Suthers has prosecuted criminals in sev- napping and conspiracy in connection case, but he also concisely explains the eral different criminal venues, and the with the May 2, 1964, murders of two value of plea bargains and the inherent lay reader will benefit from being in- African-American youths: Charles Ed- complications of separating the pros- troduced to some of the dilemmas and die Moore and Henry Hezekiah Dee, ecutorial function from the policing debates Suthers mentions. Prosecutors whose murders remain overshadowed function. at every level, particularly elected pros- by the infamous deaths a month later Peppered sparingly throughout the ecutors, must make a better effort to of Michael Schwerner, Andrew Good- book are references to Suthers’ con- educate the public, and Suthers’ book man, and James Chaney. This was true servative political beliefs, but, for the serves that purpose well. from the beginning: after the erroneous most part, these serve only to alert the Although No Higher Calling, No initial identification of Moore’s body reader to the author’s perspective, be- Greater Responsibility is an admirable as that of Schwerner’s was corrected, cause Suthers wisely avoids turning his effort, its title represents the unfortu- FBI agents were redirected to the case educational opportunity into a polemic. nate continuation of a full-blown liter- of the then missing three civil rights This is not to deny that at certain points ary epidemic. As anyone who loves workers. he invites significant criticism from the reading can attest, book titles continue The last time that Moore and Dee left; for example, Suthers’ denuncia- to get bolder and bolder in proclaiming were seen alive, they were hitchhiking tion of “overcriminalization”—that is, their own importance. (The next time to Roxie, Miss. The local Klan believed the criminalization of behavior that is you visit a bookstore, for example, that Dee, who was visiting from Chica- not inherently wrong (whatever that count how many subtitles assert that go, knew about weapons that alleged- means)—is somewhat amusingly limit- a given historical event “made” Amer- ly were being imported from Chicago ed to environmental crimes and work- ica.) The same is true here —the title, and stockpiled in a local African-Amer- place safety laws at the federal level, No Higher Calling, No Greater Respon- ican church. (There were, in fact, no without any mention of the massive sibility, makes even a proud prosecu- weapons; the pastor of the church had resources devoted to the war on drugs tor like me smirk a bit. Still, although merely been advocating equal rights (although he does discuss the legaliza- in reality there are higher callings and for African-Americans in Mississippi.) tion movement later in the book). greater responsibilities than those of Moore was a victim of circumstance. But even Suthers’ discussion of the prosecutor, I can say for certain He met up with Dee by chance and overcriminalization offers some fasci- that there is no better job. TFL shared Dee’s fate. nating arguments. For example, build- The Bunkley (Mississippi) Klavern of ing on a conversation he had with Jus- Nathan Brooks is an assistant district at- the White Knights of the Ku Klux Klan tice Antonin Scalia, Suthers argues that torney in North Carolina and a mem- included James Ford Seale, his father the massive growth of federal criminal ber of the editorial board of The Federal Clyde Seale, Charles Marcus Edwards, law can be traced to the direct election Lawyer. and Arch Prather. These men and at of U.S. senators that began with the least two others decided to search for passage of the 17th Amendment. Once The Past Is Never Dead: The Dee and to find out about the alleged freed from their allegiance to state leg- Trial of James Ford Seale and weapons. They spotted two young islatures, the arguments goes, senators Mississippi’s Struggle for African-American men, and Edwards, lost their status as the congressional who knew Dee, signaled to the other advocates for limiting federal power Redemption Klansmen that one of them was Dee. vis-à-vis the states. By Harry M. MacLean James Ford Seale, noting the signal, Suthers’ writing with respect to his Basic Civitas, New York, NY, 2009. 270 pages, stopped his car and ordered Dee and current position as state attorney gen- $25.95. Moore into the car. Followed by other eral is also extremely insightful. Of all Klansmen, including Edwards, James the prosecutorial hats he has worn— Ford Seale drove Moore and Dee into district attorney, U.S. attorney, and Re v i e w e d b y Ca r o l A. Si g m o n d nearby woods, where the Klansmen state attorney general—it is the last of whipped Moore and Dee with switch- these, he writes, that draws the most The core value of the American es. Bloody and battered, Moore and interest from lobbyists. To Suthers, this criminal justice system is that each and Dee were loaded into the trunk of a car focus of lobbyists is a relatively recent every defendant is entitled to a fair occurrence, for which he blames state- and impartial trial, shielded from pub- reviews continued on page 64

June 2010 | The Federal Lawyer | 63 reviews continued from page 63

and driven first to Clyde Seale’s farm MacLean relates U.S. District Judge Hen- limitations defense. In 2008, a three- and then to Ole River near Tallulah, La. ry Wingate’s use of the movies “Missis- judge panel of the Fifth Circuit disagreed At Ole River, James Ford Seale and his sippi Burning” and “Ghosts of Missis- and overturned Seale’s conviction, but, brother Jack chained Dee to an engine sippi” to warn jurors not to show bias in 2009, the en banc Fifth Circuit rein- block, rowed him to the middle of the against Seale. As the book proceeds, stated the conviction, and the Supreme river, and dumped him in alive. Moore, MacLean weaves the facts of the mur- Court declined to review the case. On gagged and chained, watched Dee be- ders and the events of the trial into the Mar. 12, 2010, a three-judge panel of ing murdered. James Ford Seale and his historical context of Mississippi in 1965 the Fifth Circuit again upheld the con- brother then returned to the riverbank, and Mississippi in 2007. Most troubling viction, finding that there was sufficient tied Moore to rails, rowed him to the in this telling is MacLean’s belief that evidence to convict. middle of the river, and dumped him Mississippi jurors would not acquit Seale Even though Seale should have alive into the river as well. no matter how weak the prosecution’s been tried and convicted of murder in The bodies surfaced on July 12, 1964. case. state court in 1965, in my judgment that On Nov. 6, 1964, James Ford Seale and Indeed, the prosecution’s case original miscarriage of justice does not Edwards were arrested for the murders against Seale was weak. The key pros- justify the failure of the courts to dis- of Dee and Moore and were released ecution witness was Edwards, a life- miss the charges based on the expira- on $5,000 bail. On Jan. 11, 1965, the long liar who testified against Seale to tion of the statute of limitations. Two local prosecutor dismissed the charges save his own skin. His accounts of the wrongs do not make a right, but Seale for lack of evidence. events of May 2, 1964, were contradic- is hardly a sympathetic victim of a judi- The road to the 2007 trial began in tory. A second element of evidence— cial miscarriage. 1998 with a “20/20” documentary on two ambiguous statements by Seale The Past Is Never Dead is well written the murders of Moore and Dee. Con- about the murders—was equally ques- but is not for the casual reader. Because fronted with the evidence of the guilt tionable. Essentially, Seale had told MacLean emphasizes context over the of Seale and Edwards in murdering anyone who asked him about his role facts, the events of May 2, 1964, and Dee and Moore, the U.S. Department in the murders to prove that he had the trial are sometimes hard to follow. of Justice reopened the investigation. been involved in them. In the end, the Moreover, MacLean describes the ge- Eventually, Edwards was involuntarily prosecution found one piece of new ography of southwestern Mississippi immunized and forced to recount the evidence to corroborate Edwards’ trial but does not provide any maps. I found events of May 2, 1964. testimony. On the evening of May 2, myself going to the Internet to review But The Past Is Never Dead is more 1964, after Dee and Moore had been maps of the area in order to follow the than an account of James Ford Seale’s kidnapped, the local African-American story. In addition, I found the constant role in murdering Dee and Moore: it is church was searched for weapons. This references to the murder of Emmett Till about whether Seale had or could have provides corroboration for the motive distracting. Emmett Till’s murder has a had a fair trial for the murders of Dee for the murder of Dee, but little else. place in the Moore-Dee murders, but and Moore. Had the case been tried in The prosecution treated this evidence one reference and an explanatory foot- 1965, surely, given the political and so- as proof that Edwards was believable. note would have been sufficient. Over- cial mores of the day, Seale would have Seale’s defense team worked every all, however, MacLean’s insights into been acquitted. MacLean forces the angle, but the understanding that mod- Mississippi’s history are helpful in un- reader to consider this issue in reverse ern Mississippians want to put Missis- derstanding the self-imposed pressures in the context of Mississippi more than sippi of 1964—the Mississippi depicted on the jurors in the trial of James Ford 40 years later: Could Seale have been in “Mississippi Burning”—behind them Seale. TFL acquitted in Mississippi in 2007? doomed Seale. Although it is likely that MacLean answers this question in Seale was guilty of having directly par- Carol A. Sigmond is a partner with the negative. He persuasively argues ticipated in the murders of Dee and Dunnington, Bartholow & Miller LLP that, in 2007, the people of Mississippi Moore, the evidence suggests that six in New York City. She is chair of the were still seeking redemption from the others were also involved, including New York County Lawyers’ Associa- Mississippi of 1964, and that jurors in Edwards. But only Seale was tried for tion’s Construction Law Committee and 2007 would not have acquitted Seale, the crime. a member of the association’s board of lest the Mississippi of 2007 be consid- More significantly, it appears that the directors. She is also a member of the ered a continuation of the racial vio- statute of limitations on federal kidnap- New York State Bar Association’s House lence and hostility of the Mississippi of ping charges had expired. In 1964, con- of Delegates and the American Arbitra- 1964. viction on federal kidnapping charges tion Association’s Construction Indus- MacLean sacrifices the orderly tell- carried the death penalty. Later, when try Arbitration Panel. ing of the facts of the murders of Dee the death penalty was abolished at the and Moore and the account of Seale’s federal level, kidnapping became sub- trial to make his point about Mississip- ject to a five-year statute of limitations. pi then and now. As his starting point, The district court rejected the statute of

64 | The Federal Lawyer | June 2010