A SAMPLE OF INTERESTING 'BIG CASES' FROM BEFORE 2001
Death Penalty: Texas v. Roger Leroy DeGarmo. At the punishment phase of his first trial, in about 1981, the defendant asked for the death penalty and threatened the jurors that if not executed he would some day be free, and that he planned to kill them all. Twelve years later, DeGarmo was awarded a new trial. Mr. Mallett was appointed for the retrial. The defense established that DeGarmo’s violent language, threats and vocal outbursts were the result of brain damage from an accident in his teens. Verdict: Life Imprisonment.
Marijuana: The largest marijuana seizure in American history was 110,000 pounds, seized just before Christmas in 1981 when a deep sea vessel, the Mr. Jake, was seized in a federal “undercover operation” along the intercoastal canal near Freeport. More than 30 men were arrested. The federal court severed them into groups of 6 to 8 for trial. Mr. Mallett had clients in “heats” number two and five. The trials each lasted 2-5 weeks. Arguing that “mere presence near or on the vessel was not enough to convict. Our clients were acquitted on some counts and the jury deadlocked on others. Mr. Mallett’s clients received probation. If the federal sentencing guidelines had applied, they might still be in prison.
Anti-Trust: Mannesmann Pipe and Steel and several executives were indicted along with other manufacturers and distributors of a specialty pipe used in the petrochemical industry, for alleged “bid rigging.” Mr. Mallett and Mr. Sam Guiberson represented a corporate Vice President. The policy of the Department of Justice, Anti Trust Division, is to require a request for prison time as part of any plea bargain. With no real defense, our client and several others went to trial, educated the judge and jury by showing that collaboration between competitors in the unusual circumstances presented at trial did no harm. Although convicted, our client received probation over the government’s objection. The case was also unique because it was the first federal trial with a “computer in the courtroom” in Houston.
Government Contracting Fraud and Foreign Business Practices: United States v. Stewart & Stevenson, Inc. This Fortune 500 industrial company and several executives were indicted on the theory that the company overcharged on a government sponsored construction contract to build and install diesel power systems for 17 “early warning” military installations in Saudi Arabia. Our client was the Project Manger on this $120 million government contract. Case investigation required travel to Saudi Arabia, England, Spain, San Francisco, and Washington D.C. Charges on our client were dismissed, in trade for his promising that he would not file suit against the government to recover the costs of his defense---which the company had paid.
BRI-LAB: U.S. v. Billy Wayne Clayton, et al. The F.B.I. ran a “sting” offering bribe money for a state insurance contract. The Federal Grand Jury indicted the Speaker of the Texas House of Representatives and two Austin lawyers for allegedly conspiring to “take the bait.” Mr. Guiberson assisted, by developing expert testimony by Profession of Linguistics. Jury verdict, “Not Guilty” on all counts.
Obstruction of Justice and Wiretaps: U.S. v. Dick and Bell, Orlando, Florida. A lawyer and his client were indicted in federal court, allegedly for advising two (2) defendants in a pending drug case to flee from America in order to avoid prosecution. Again, Mr. Guiberson developed a linguistic analysis of the taped conversations. “Not Guilty” on all counts.
