Golden Gate University School of Law GGU Law Digital Commons Alumni News Other Law School Publications Fall 1986 Alumni Forum, Fall 1986 Follow this and additional works at: http://digitalcommons.law.ggu.edu/alumnews Part of the Law Commons Recommended Citation "Alumni Forum, Fall 1986" (1986). Alumni News. Paper 34. http://digitalcommons.law.ggu.edu/alumnews/34 This Newsletter or Magazine is brought to you for free and open access by the Other Law School Publications at GGU Law Digital Commons. It has been accepted for inclusion in Alumni News by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. ( ~~ (,I~:: lJ,1'/ t-~> ~ '.p ...; • if· Alumni o ~ c.:l • ~ FOUNDED 1901 <J>(> .:i< ®.: qo OL OT \.>"" Vol. 12, No.1 FALL 1986 GGU Grad Wins Bingham Aquiltal Sixty-seven jury trials over the last ten years proved excellent preparation for Susan Rutberg's ('75) defense work in the celebrated Stephen Bingham triaL A lawyer who always tends to view her cases with optimism, Rutberg used her voir dire experience ~ <U to make eye contact, establish rapport Z ~ and push luck in favor of the defense « x "lring jury selection. The small <U o fense team, composed of chief U counsel Gerry Schwartz bach, co­ '" oz counsel Rutberg, research lawyer « ~ Bruce Cohen and law students Matt ___..... ...z Menzer (Boalt) and Maxine Fasulis « :C'" (USF) won an unanimous verdict of u Z acquittal on the first ballot. Despite ;u significant handicaps going into the o~ ~ case, R utberg "always believed we ~ would win this triaL" ::2 6 The case was 15 years old, and I­ o the San Quentin "seven," minus :r: 0.. Stephen Bingham, had been tried as Right: Susan Rutberg, the San Quentin Six in 1975-1976. Class of '75; above: Rutberg confers After Bingham voluntarily surren­ with her client, dered in 1984, a preliminary hearing Stephen Bingham. was held, but was conducted by other lawyers before Rutberg and Schwartz­ bach were retained as defense counseL prospective jurors. Questions mea­ Hostile prosecution witnesses, for the sured media habits, family back­ most part San Quentin guards, grounds, clubs and affiliations, refused to meet with them. Cross­ employment histories, political atti­ examination questions had to be tudes, familiarity with the case and the prepared cold from reading transcripts legal system, and activities during the >­ ~ of testimony and statements made actual case events in 1971. Voir dire :Il ~ :': over the past 15 years. questions were then developed from z :r: Significant advance preparation by the questionnaires. This methodology :Il \e defense team, utilizing the services was supported by the court, largely ~ >­ " the National Jury Project, was due to its efficiency in minimizing voir «~ :.J instrumental in jury selection. dire time and speeding the jury j Questionnaires were developed to selection process. The prosecution also I­ :J:r: provide profiles on each of the continued on page 2 0.. RUTBERG continued to a prisoner. He was the last guy you'd live in the '60s and '70s, and that spirit had access to the questionnaires and ever ask to do something like that." seemed to me to have gone under­ the responses. From her past experience in the San ground shortly after Stephen did." After voir dire and juror challenges Francisco Public Defender's Office, The saddest outcome, in 1 had been completed, Rutberg "felt Rutberg has found that "jurors always opinion, is the failure of the trial and enormous reassurance." Many of her feel more comfortable if they think the acquittal to shift public focus from favorite jurors had made it through they're acquitting an innocent person this individual case to the Adjustment the selection process unchallenged by than if they're acquitting a person on a Center, to San Quentin, and to the the prosecution. Ultimately, a 61-year­ technicality." Bingham's testimony California Department of Corrections old retired teacher and writer, who had reassured the jurors, who had already as a whole. Conditions inside San raised her children during the '60s, begun to perceive several holes in the Quentin, already found to be was selected as jury forewoman. prosecution's case, of his honesty and unconstitutional by two judges, are While each day held its tense innocence. "just as abominable now as they were moments, Rutberg feels the main For Rutberg, the Bingham acquittal in 1971." To her disappointment, it will turning point came early in the trial. A served as a vindication of the concept take more than Stephen Bingham's San Quentin guard made a statement of activism. In reflecting on the trial's victory to reawaken the prison reform on August 21, 1971, when the incident significance, she commented that" to movement. Nevertheless, three first occurred, that he had searched many people Stephen Bingham was a months after the jury's verdict, Susan George Jackson's hair after Bingham's symbol of that spirit of idealism and Rutberg is still celebrating her victory. visit and had found no concealed caring about others that led people to -Gary Wishniewsky weapon. Three weeks later, after try to make the world a better place to intense and repeated grilling by his superior officers in the Department of Corrections, the same witness recanted his testimony. Under cross­ examination by Schwartzbach in 1986, the guard revealed that he felt himself New Law Placement to be a Department of Corrections suspect in the case, as well as a victim of racism. At this point, Rutberg Director Appointed states, the jury began to regard this witness as someone who would say Anthony L. "Tony" Bastone has anything to save his own neck, and been appointed director of Career the prosecution's case "looked a little Planning and Placement for the School sick." of Law, effective August 1986. The defense team held Stephen Bastone comes to GGU from the Bingham's testimony for the end. University of Tulsa College of Law, Weeks before his appearance, how­ where he served as director of ever, the defense called several law placement since 1978. He was enforcement officers who contra­ promoted to assistant dean at Tulsa dicted the testimony of other law University in 1981, and in addition to enforcement personnel testifying on his placement responsibilities, was also behalf of the prosecution. This was named director of law alumni affairs followed by a series of character there. While placement director, witnesses who testified as to Bastone developed the law placement Bingham's past actions on behalf of office from almost nothing, establish­ peaceable social change and to his ing a major legal career resource belief in the nonviolent tactics of the library, a legal employers recruiting civil rights movement. When Bingham pool and a comprehensive on-campus finally took the stand himself, he interview program for law graduates. personified these qualities. In his other role as law alumni Although her arrival in the Bay Area director, Bastone initiated a Spring in the early 1970s was a year after Reunion Dinner for all graduated Stephen Bingham's disappearance, classes, and pioneered a champagne Rutberg had met many of his friends reception program in the state capital Placement Director Tony Bastone through her involvement with the to commemorate the swearing-in of National Lawyers Guild. Her personal Tulsa law graduates by the State Bar Ford for outstanding service in the observations of Bingham were of Oklahoma. field of criminal justice. reinforced by his demeanor and From 1973 to 1978, Bastone served Bastone received his master of art' testimony during the trial. "Stephen is as executive director for On The degree in criminology and correction. a very soft-spoken, intelligent, and Bricks, Incorporated, a Tulsa post­ from Sam Houston State University. somewhat hesitant kind of guy. He release treatment center for ex­ He also served as an adjunct faculty just came across as exactly the kind of offenders. In May 1976, he was given member in the Department of person who could not smuggle a gun the Presidential Citation by Gerald R. Criminal Justice at Tulsa University. 2 · '76 and '81 Hold Largest Reunion Ever The level of interest among the classes of '76 and '81 was the highest ever of any law class, as over 100 members and guests from both groups gathered on May 31 at the Four Star Restaurant in San Francisco's Embar­ cadero Center. Much time and effort were volunteered by past and present class leaders, particularly during the phone follow-up phase after the invitations were in the mail. Assisting the Alumni Office this year were: Ted Bayer, '76; Richard Harmon, '76; Alan Lagod, '76; Sandra Bovetti Snyder, '76; Paula Fancher, '81; Carol Kingsley, '81; David Leland, '81; Nicki Skovronski, '81; Ann Hardgrove Voris, '81; and Paige Wickland, '81. Special recogni­ tion is due Ted Bayer for arranging the location and for his intuition that a Participants from the Class of '76, many of whom are pictured above, included: Ted downtown restaurant might draw Bayer, George Braue, Suzanne Chapot, Arthur Chen, Margaret Farrow, Nancy more attendance than a get-together Hancock. Sue Hestor, Deborah Honig, Daryl Dobashi, Marlys Huez, Valerie Karpman at the University. & John Scott, Deborah Kendall, Alan Lagod, Bertrand Le Blanc, Steve Martin, Sandy Miller, Marilyn Morris, Randy Padgett. Paul Peplau, Bruce Peterson & Pat Peterson Unfortunately, limited response ('75), Gina Rieger, Michael Roush, William Rowen, Matt Shier, Sara Simmons, from the classes of '61, '66 and '71 Jonathan Steiner, Laura Uddenberg, Joan Whitebook and Sandra Snyder Hylton. Copies -~quired the cancellation of their 25, of reunion photos may be ordered from the Alumni Office at cost. I and 15-year get-togethers origi­ nally planned for May 17.