Lead Defense Attorney, Michael Schwartz,(standing) in the Kelly Thomas Case. Defending his client
Jay Cicinelli (seated far left) in court during the trial.
Jay Cicinelli (seated far left) in court during the trial.
When you meet Michael Schwartz, you will not know that he is one of the best and most succesful criminal defense litigators in California. He is soft spoken, humble and likeable, always with a pleasant and caring smile. You get the sense that he would rather talk about Torah than the law. But when he does begin to talk about the law, his clients and his job, you quickly understand why he is so powerful in the courtroom. He is very smart and very passionat about what he does.
He earned his B.A. at Hofstra University in 1987, and his law degree at George Washington University in 1993. After being admitted to the State Bar of California in December 1993, he served as a deputy public defender in Ventura County. During his tenure in Ventura, Schwartz litigated nearly one-hundred fifty jury trials to verdict. From 2000-2001 he was a deputy public defender in the Riverside County Public Defender's Office.
CURRENTLY, Michael D. Schwartz is a Sr. Associate with Rains Lucia Stern Law Firm and has been with them since October 2013.
Michael Schwartz was hired to head up the firm’s Southern California practice. Michael is a highly-regarded and experienced trial attorney. For the past twelve years he has focused on representing peace officers in some of the toughest and most noteworthy criminal cases venued in Southern California.
Michael’s recent trial victories include the successful defense of San Bernardino Sheriff’s Deputy Ivory Webb in the nationally publicized video-taped shooting of an unarmed airman home on leave, the acquittal of Deputy Richard Heverly who faced a maximum term of up to thirty years in prison, as well as the acquittal of Deputy Erik Orduno accused of failing to report misconduct as a mandated reporter.
He also succesfully defended Riverside County Firefighter Michael Arizaga, who was charged with vehicular manslaughter in a 2005 engine accident that killed a fellow firefighter. The case was abruptly dropped when Michael Schwartz helped prove that this type of truck has a long history of mechanical and braking problems.
His most recent and highest profile case yet was as lead counsel for Fullerton Police officer Corporal Jay Cicinelli, accused of Involuntary Manslaughter and Battery Under the Color of Authority in the in-custody death of Kelly Thomas.
According to Schwartz, the Kelly Thomas case has been the most complex case he has had to work on. Most complex in terms of showing cause of death, and having to work with many medical experts. Complex media issues: because of the unbelievable amount of media coverage, Michael had to fight to avoid the tainting of the jury pool. The video was being shown on television over and over again every day for months. Complex technological issues.;Since the video itself was the largest piece of evidence and most important to the case dealing with the technology of video forensics became a major focal point to the defense. {See related story David Notowitz; Forensic Expert}
What is it like as a frum Jew to walk into a secular courtroom to try such a high profile case? Do you face any professional obstacles as a result of who you are?
"At this point in my career no, not really. In San Bernadino it is not an issue. I have tried many cases there and they know me already. However, the Kelly Thomas case was only the second trial for me in Orange County. I had a certain degree of trepidation about how people would look at me and react. For the most part, judges show respect for Shabbos and the Chagim. Collegues cover for me on Friday afternoons.
It has been pretty inspiring that majority of my clients are police officers and they are very respectful of who I am, they have a positive outlook of who a Jew is. I feel like an ambassador to the community.
Balancing fighting aggressively for your client and being a kiddush Hashem
Maintaining what is right, dignity and halacha always come into play. Schwartz if always
mindful of word choice and his actions. If inappropriate words are part of transcripts Schwarts will try not to use them. However, sometimes it is absolutely necessary, so he will explain first that he is only useing this certian word that a witness used and it is not his own.
Even with courtroom antics he is careful. Some attorneys by way of courtroom antics will make faces, to show disgust, disagreement or make fun of, for Jury to see while other side is making arguments. Schwartz says he does not do this.
Lastly, Schwartz talks about the challenges of being shomer negiah in a trial, especially a hight profile case the Kelly Thomas trial, with so much media around.
"Years ago I was on the Today show to talk about a trial I was involved with. I was told that I would be introduced the women host of the show shake my hand or give a hug and ask me to sit down for the interview. I told them, respectfully of course, that I was not able to do touch women and I would not be comfortable with this. So they had me already seated when the segment began."
"In the kelly Thomas case the wives of the men we defended wanted to hug me to thank me for helping their husbands. They were told before hand that I do not hug women and this was important because with so many cameras around it could make for a very uncomfortable situation." says Schwartz.
The Power of Prayer
I had a client, a Deputy Sheriff charged with a serious crime. Preliminary hearings were set during Shavuous and I was not in court that day. The other side and the courts scheduled the preliminary hearing on a Friday morning in San Bernardino! Michael recounts how he called all the parties involved to explain Shabbos, sunset and long drive from San Bernadino to LA and ask for a change in day. All parties were sympathetic but did not want to change the day. Michael davened for several days the same mantra:
“Out the courthouse doors by 2:45 pm, in my car by 3pm, home by 4 pm. Three times a day for several days he repeated the pleas to Hashem. “Out the courthouse doors by 2:45 pm, in my car by 3 pm, home by 4 pm”
That day Schwartz left early for the Preliminary Hearing in San Bernardino. Michael,recounts how he arrived at the courthouse early for the 8:30 am meeting-- "so far so good on schedule", but the meeting was delayed untill 10:00 am and they did not begin discussing the case until 10:30 AM! I was thinking that two hours of wasted time and I was getting very nervous.
Just as we began the hearing and talking about the case the Judge's Balif comes out and tells us “The Judge has a meeting in LA and MUST be OUT at 2:45 PM -NO MATTER WHAT! If this is OK we can continue, or if not we can switch days. All parties agreed to keep going and to finish at 2:45pm!!!
"I was out of the courthouse doors by 2:45 pm, in my car by 3 pm, and home by 4:10 pm!”, an hour and a half before Shabbos!", with a smile on his face Schwartz retells the story.
CLOSING ARGUMENTS STRESS AND SHABBOS
Schwartz's closing arguments concluded Thursday 1/9/14 in the afternoon. He had to wait Shabbos, Sunday, and most of the day Monday before he was informed that the jury had reached a decision in the case. "Were you able to put the trial out of your mind and enjoy Shabbos?"
Michael, answered with a smile on his face, "It was Shabbos! Admitedly I could not block it all out. I was thinking about the case. I very much like my client and had much at stake. It was the Shabbos prior to my closing arguments that was the most difficult because I had the closing arguments ahead of me and I knew just how much was at stake for my client and myself personally and professionally.
STORY OF DAVENING DURING THE TRIALCicinelli’s USE OF FORCE training officer was being cross-examined by the prosecution. The DA asked him "how many times did you see Cicinelly striking Kelly Thomas in the face?"
"We have been arguing and maintaining during our case that Cicinelli hit him twice", recounts Schwartz.
"We have been arguing and maintaining during our case that Cicinelli hit him twice", recounts Schwartz.
Our witness answers the prosecution, "I saw this video months ago, it has been a long time, but I would say 4-6 times!!!"
UH OH!!!! The Defense team is shocked and can't believe what the witness just said. “We have been maintaining that our client Cicinelli only struck Kelly Thomas two times!"
The DA asks, “Would it refresh your memory if we see video again now?"
The video is showed again to the witness. “Is your memory refreshed now?" asked the DA.
"YES", says the witness.
"As I was watching this all play out I started davening over and over again the following tefilla", says Schwartz.
“Ribono shel olam, You know the thought of every human being, You are in charge of all man's thoughts-- whatever You do, let him say less than 4- 6 times!!”
The prosection says to the witness, "You said before…"
The witness at that moment interrupts the DA and says…..
“I CHANGED MY MIND.” The entire court becomes silent.
Michael, is continuing to repeat the tefilla “Ribono Shel Olam You know the thought of every human being, You are in charge of all man's thoughts-- whatever You do, let him say less than 4- 6 times!!”
The witniss says
“I only saw 2 or 3 punches thrown by Cicinelli and I am not sure if one was an actual hit or just a wind up.”
BARUCH HASHEM!
“I only saw 2 or 3 punches thrown by Cicinelli and I am not sure if one was an actual hit or just a wind up.”
BARUCH HASHEM!
Always be true to who you are
I have used David Notowitz twice in the past. And on this case, the Kelly Thomas case, I thought it might throw the jury off a bit to have two yarmulkes at the table, like bookends.", recalls Schwartz.
"We decided after much discussion that David would sit behind the councils table in the front row corner.
If Technology went wrong or we needed David to show video he would be close enough but not conspicuous. We took pains to keep David off the council table. Of course during a most important witness testimony early on in the trial the audio visual did not work. The Judge called upon David to take over and operate the projectors. He had David get up and walk across the well of the court to flip the light switch. From that moment on we had David sit at the counsel table, directly facing the Jury.
"I took this as a sign from HaKadosh Barachu--a sign that Hashem was saying NO, NO this is what I want. You don’t have to be inconspicuous or hide" says Schwartz.
"I took this as a sign from HaKadosh Barachu--a sign that Hashem was saying NO, NO this is what I want. You don’t have to be inconspicuous or hide" says Schwartz.
The verdict came down after 8 hours and two days of jury deliberations.
Both Officers were aquitted of all charges against them. Michael Schwartz’s client was stunned when the verdict was read acquitting him of all charges. As the verdicts were being read by the jury foreperson, Michael quietly sat with his head down. Seconds later the entire verdict was read and Cicinelli was found not guilty of all charges: involuntary manslaughter and excessive force. Michael repeatedly said “Thank God” and he tightly embraced his client. Cicinelli, looked forward with a look of absolute relief. Two and half years of stress realeased as the two embraced.
Both Officers were aquitted of all charges against them. Michael Schwartz’s client was stunned when the verdict was read acquitting him of all charges. As the verdicts were being read by the jury foreperson, Michael quietly sat with his head down. Seconds later the entire verdict was read and Cicinelli was found not guilty of all charges: involuntary manslaughter and excessive force. Michael repeatedly said “Thank God” and he tightly embraced his client. Cicinelli, looked forward with a look of absolute relief. Two and half years of stress realeased as the two embraced.
Former Fullerton Police Officer Jay Cicinelli (L) shows relief Monday,
after he is found not guilty of involuntary manslaughter and excessive
use of force for the 2011 beating of Kelly Thomas. Michael Schwartz (R)
after he is found not guilty of involuntary manslaughter and excessive
use of force for the 2011 beating of Kelly Thomas. Michael Schwartz (R)
Ex-Fullerton police officer Jay Cicinelli (r.) looks back into the court
gallery as his attorney Michael Schwartz (c.) embraces the defense
team after the acquittals on Monday
gallery as his attorney Michael Schwartz (c.) embraces the defense
team after the acquittals on Monday
