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THE TRIAL of LEO FRANK a Legal Chronicle and Analysis

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THE TRIAL of LEO FRANK a Legal Chronicle and Analysis THE TRIAL OF LEO FRANK A Legal Chronicle and Analysis August 29, 2019 10197 ICLE: State Bar Series Thursday, August 29, 2019 THE TRIAL OF LEO FRANK A Legal Chronicle and Analysis 2.5 CLE Hours Including 1 Ethics Hour | 1 Professionalism Hour | 2 Trial Practice Hours Copyright © 2019 by the Institute of Continuing Legal Education of the State Bar of Georgia. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE. The Institute of Continuing Legal Education’s publications are intended to provide current and accurate information on designated subject matter. They are off ered as an aid to practicing attorneys to help them maintain professional competence with the understanding that the publisher is not rendering legal, accounting, or other professional advice. Attorneys should not rely solely on ICLE publications. Attorneys should research original and current sources of authority and take any other measures that are necessary and appropriate to ensure that they are in compliance with the pertinent rules of professional conduct for their jurisdiction. ICLE gratefully acknowledges the eff orts of the faculty in the preparation of this publication and the presentation of information on their designated subjects at the seminar. The opinions expressed by the faculty in their papers and presentations are their own and do not necessarily refl ect the opinions of the Institute of Continuing Legal Education, its offi cers, or employees. The faculty is not engaged in rendering legal or other professional advice and this publication is not a substitute for the advice of an attorney. This publication was created to serve the continuing legal education needs of practicing attorneys. ICLE does not encourage non-attorneys to use or purchase this publication in lieu of hiring a competent attorney or other professional. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. Although the publisher and faculty have made every eff ort to ensure that the information in this book was correct at press time, the publisher and faculty do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. The Institute of Continuing Legal Education of the State Bar of Georgia is dedicated to promoting a well organized, properly planned, and adequately supported program of continuing legal education by which members of the legal profession are aff orded a means of enhancing their skills and keeping abreast of developments in the law, and engaging in the study and research of the law, so as to fulfi ll their responsibilities to the legal profession, the courts and the public. Printed By: HOW CAN WE HELP YOU? Who are we? How does SOLACE work? What needs are addressed? SOLACE is a program of the State If you or someone in the legal Needs addressed by the SOLACE Bar of Georgia designed to assist community is in need of help, simply program can range from unique medical those in the legal community who email [email protected]. Those emails conditions requiring specialized referrals have experienced some significant, are then reviewed by the SOLACE to a fire loss requiring help with clothing, potentially life-changing event in their Committee. If the need fits within the food or housing. Some other examples lives. SOLACE is voluntary, simple and parameters of the program, an email of assistance include gift cards, food, straightforward. SOLACE does not with the pertinent information is sent meals, a rare blood type donation, solicit monetary contributions but to members of the State Bar. assistance with transportation in a accepts assistance or donations in kind. medical crisis or building a wheelchair ramp at a residence. Contact [email protected] for help. The purpose of the SOLACE program is to allow the legal community to provide help in meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience loss of life or other catastrophic illness, sickness or injury. TESTIMONIALS In each of the Georgia SOLACE requests made to date, Bar members have graciously stepped up and used their resources to help find solutions for those in need. A solo practitioner’s A Louisiana lawyer was in need A Bar member was dealing Working with the South quadriplegic wife needed of a CPAP machine, but didn’t with a serious illness and in Carolina Bar, a former rehabilitation, and members have insurance or the means the midst of brain surgery, paralegal’s son was flown of the Bar helped navigate to purchase one. Multiple her mortgage company from Cyprus to Atlanta discussions with their members offered to help. scheduled a foreclosure on (and then to South Carolina) insurance company to obtain her home. Several members for cancer treatment. the rehabilitation she required. of the Bar were able to Members of the Georgia and negotiate with the mortgage South Carolina bars worked company and avoided the together to get Gabriel and pending foreclosure. his family home from their long-term mission work. Contact [email protected] for help. iii FOREWORD Dear ICLE Seminar Attendee, Thank you for attending this seminar. We are grateful to the Chairperson(s) for organizing this program. Also, we would like to thank the volunteer speakers. Without the untiring dedication and eff orts of the Chairperson(s) and speakers, this seminar would not have been possible. Their names are listed on the AGENDA page(s) of this book, and their contributions to the success of this seminar are immeasurable. We would be remiss if we did not extend a special thanks to each of you who are attending this seminar and for whom the program was planned. All of us at ICLE hope your attendance will be benefi cial as well as enjoyable. We think that these program materials will provide a great initial resource and reference for you. If you discover any substantial errors within this volume, please do not hesitate to inform us. Should you have a different legal interpretation/opinion from the speaker’s, the appropriate way to address this is by contacting him/her directly. Your comments and suggestions are always welcome. Sincerely, Your ICLE Staff Jeffrey R. Davis Executive Director, State Bar of Georgia Rebecca A. Hall Associate Director, ICLE AGENDA PRESIDING: Irvan A. “Van” Pearlberg, Program Chair; Deputy Attorney General, Director, Medicaid Fraud Control Unit, Georgia Office of the Attorney General, Atlanta 8:15 REGISTRATION AND CONTINENTAL BREAKFAST (All attendees must check in upon arrival. A jacket or sweater is recommended.) 9:00 WELCOME AND PROGRAM OVERVIEW 9:05 HISTORY AND FACTUAL BACKGROUND 10:30 BREAK 10:45 TRIAL OF THE CASE AND ITS AFTERMATH 11:50 ADJOURN TABLE OF CONTENTS FOREWORD ........................................................................................................................... 6 AGENDA ................................................................................................................................ 7 THE TRIAL OF LEO FRANK: HISTORY AND FACTUAL BACKGROUND .................................................................................. 9 TRIAL OF THE CASE AND ITS AFTERMATH ............................................................................21 COMMISSION ON PROFESSIONALISM ...................................................................................56 APPENDIX: ICLE BOARD .........................................................................................................................87 GEORGIA MANDATORY CLE FACT SHEET ...............................................................................88 HISTORY AND FACTUAL BACKGROUND << Back to Table of Contents Chapter 1 1 of 45 Appellate Issues FRANK v. STATE 141 Georgia Reports 243 October 31, 1913 • Defendant was charged with the murder of 13 year old Mary Phagan. • Although there was evidence that “…tended to show that the sexual organ of the girl indicated external violence. The physician found no indication of spermatozoa in the uterus, or upon the persons garments”. • Defendant was NOT charged with rape. At page 251- Jim Conley testified that Leo M. Frank stated to him: “Now there will be a young lady up here after a while, and me and her are going to chat a little…. Now when the lady comes I will stomp like I did before…and you go shut the door.… Now when I whistle I will be through, so you can go and unlock the door and come upstairs to my office like you were going to borrow some money from me, and that will give the young lady time to get out”. At page 252-Jim Conley testified at trial that Leo frank said to him: “…I wanted to be with the little girl and she refused me, and I struck her, and I guess I struck her too hard, and she fell and hit her head against something, and and I don’t know how bad she got hurt. Of course you know I ain’t built like other men. Jim Conley “…also gave evidence tending to show that on various Saturday afternoons, during several months preceeding the homicide, the accused had received women in his office, and indulged in lascivious practices with them on a number of occasions, and had also had another man (named Dalton) and a woman present on several occasions”. At page 253- Jim Conley gave testimony regarding the statement , “Of course you know I ain’t built like other men” to mean, “…I have seen him a position I haven’t seen any other man that has got children. I have seen him the office two or three times before Thanksgiving, and a lady was in his office, and she was sitting down in a chair and she had her clothes up to here (indicating up to her waist), and he was down on his knees, and she had her hands on Mr. Frank.” “I have seen him another time there in the packing room with a young lady lying on the table.
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