The Defense Never Rests

This book, written in 1971 by F. Lee Bailey, is an account of several of his early cases. Although some of the subject matter (especially his insights on the death penalty in Massachusetts - a state that no longer has a death penalty) is somewhat outdated, I recommend this book to anyone out there who "thinks" that they know how the adjucdication process works. The book has great educational value for any and all students of Crime, Law and Criminal Justice. Bailey was the first person to smash (in writing) the "Perry Mason-myths" that many people seem to share about the role of the defense attorney in the courtroom. He makes clear that in the American court system, the thing that is of *least* concern is whether or not a person is innocent. Details taken from his case files seem to confirm that the almighty spectre of politics is at the forefront of any courtroom processes. Police and DA's are concerned with pleasing the public and giving the appearance that they have cleared certain crimes. Bailey is about as subtle as a punch in the nose. I also recommend this book for anyone interested in the workings and history of polygraph tests. Bailey explains the so-called "lie detector" process very well.

I first heard of F. Lee Bailey in 1964 when he got Dr. Sam Shepard freed from a crime he didn't commit. Shepard was railroaded by a sensational and irresponsible newspaper; his life was ruined to sell advertising. Were things different 40 years later? This book tells of some of his cases, and his observations on the law.Part I "The Torso Murder" tells of finding body parts, and the trial of the husband. There was no direct evidence against the husband; only the claim of a hobbyist polygrapher that the husband failed the "lie detector". Bailey's examination and comments are printed. A former business associate of the wife saw her weeks after she disappeared. The book tells of the tricks to discredit the witness: the police officer testified his story was false! But they contacted the priest who had accompanied this witness, and who verified the story. The defendant was acquitted. The next chapter tells of a defendant arrested on eyewitness identification years after the crime. The defendant did not match the description given by the victims. Eyewitness identifications are the greatest single cause of wrongful convictions. They were reliable in olden times when an eyewitness generally knew well the accused. Part II reports "The Exoneration of Sam Shepard". This is so well known that nothing more needs to be said. Dr. Shepard's career was ruined and his life was crippled through false charges, poor investigation, and newspaper propaganda. Part III reports the Great Plymouth Mail Robbery: a million and a half in small bills were stolen from an ordinary mail truck. This crime was never solved, the money never recovered. Two of the suspects disappeared and were never found; possibly kidnapped and tortured to death by criminals. These chapters tell of the actions of the Postal Inspectors; these are facts, not fiction.Part IV deals with the Boston Strangler and the solution to this case. It is a well known case where books have been written about it. Part V deals with the trials of Dr. Carl Coppolino. Tried in NJ for murdering a neighbor (not guilty), but convicted in FL for poisoning his wife. Bailey points out the weaknesses in the expert opinion against his client.Part VI deals with corruption in Paterson NJ. A newspaper publisher who reported on links between underworld elements and the Passaic County Prosecutor was arrested for murder based on suborned perjury! This fact did not prevent two trials and acquittal in both cases. Bailey's appeal to the NJ Governor and others was used to censure him in MA and suspend him in NJ. Does NJ have the worst reputation in the eastern US? Read this chapter and you will understand why.Part VII deals with "The State of the Law". It tells of the harm done by police lineups (if the victim is shown a mug shot before), the unreliability of eyewitness testimony (someone seen for a few seconds), etc. Innocence is irrelevant for any defendant! Anyone acquitted will forever be suspected as guilty. Bailey tells of the fault

My copy is dog eared from so many readings. This book inspired my teenage son to pursue a career in law. Highest praise for F. Lee Bailey.

F. Lee Bailey is as much a part of our history as were the clients he represented. This in-depth look at the thought process and strategy behind the courtroom drama that flooded millions of our TV screens in the 60s & 70s, reads better than some of the best selling John Grisham fiction Novels of today. Bailey's brave & cutting edge style of Legal defense unfolds in this book, and I found myself reading on & on with anticipation & excitement even though I already knew the outcome of most of the cases. Hats off to Mr. Bailey & may something be learned from him by everyone.