Criminal Attorney - A Few Good Men | 5

Episode Date: October 14, 2024

Paul Bergrin continues defending U.S. soldiers accused of war crimes in Iraq. But just as Paul appears to be at the height of his powers, the feds are getting ready to set a trap.Follow Crimi...nal Attorney on the Wondery App or wherever you get your podcasts. You can listen to new episodes early and ad-free on Wondery+. Join Wondery+ in the Wondery App, Apple Podcasts or Spotify. Start your free trial by visiting https://wondery.com/links/criminal-attorney/ now.  See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Starting point is 00:00:00 Wondery Plus subscribers can binge all episodes of Criminal Attorney early and ad-free. Join Wondery Plus in the Wondery app or on Apple Podcasts. Wondery Plus John Edwards Tiffany was heading home for the night. He got down to the lobby of the office building he shared with Paul when he realized that he'd forgotten something he needed. So he headed back up. And I hear something, and I hear it back in the direction coming from Paul's office,
Starting point is 00:00:32 and I'm like, maybe Paul's there. John walked down the hall and opened a door to Paul's office to see what was going on. And I come in, and I see a guy with a flashlight. Things are dark, and he's going through looking at files. The guy turned around and saw John standing there. I startled the shit out. What are you doing? He jumps up. Oh, I, you know, I was looking for something. I was almost annoyed. I was like, what the hell are you doing?
Starting point is 00:00:57 Turn the light on. I flipped the light on. The rummaging through legal files with a flashlight all felt very clandestine. I asked him who he was. Oh, I'm paralegal, I'm doing this, I'm doing that, okay. The guy with the flashlight left pretty swiftly after that. But John couldn't shake the interaction he had with Paul's paralegal. By this point, he knew that Paul had a lot of strange characters who'd worked for him. There were some people in the office that obviously had criminal records.
Starting point is 00:01:28 Back in his car, John called Paul. I said, Paul, that's a damnedest thing. Bizarre. He goes, what? I said, yeah. I said, it's some paralegal and he's sitting there with a flashlight. Why would he do that? Just take him and go into a conference room and turn the light on.
Starting point is 00:01:44 Paul didn't seem to think much of it. He was appreciative. Thank you for telling me, J.T. Yeah, he's a paralegal, blah, blah, blah. He kind of downplayed it. Paralegal can mean a few different things in Paul's office. It could mean legal assistant,
Starting point is 00:01:58 or it can mean a job on paper for clients to help them stay out of jail. John knew a bit about Paul's involvement with New York Confidential. He knew the feds were building a case against Paul. I think the guy was working for the government, or at least had some connection, and was feeding information to the government.
Starting point is 00:02:15 Whether or not the guy was working for the government, the heat was on Paul. But instead of playing a conservative, Paul was going hard. He tackled big newsworthy legal cases while simultaneously taking over an illegal escort agency and running a money laundering operation. Paul was moving as if he was untouchable,
Starting point is 00:02:36 but the truth was that he was exposed on all sides. It wouldn't be long for those who were hunting him set the perfect trap that he'd walk right into. MUSIC MUSIC MUSIC From Wondering, I'm Brandon Jenks Jenkins, and this is Criminal Attorney.
Starting point is 00:03:08 We got crooked politicians looking over shoulders in opposite positions. Run, better run, better run. Run from the boogie man. This is episode five of Few Good Men. Will Hunsaker was in trouble. I came back from a combat mission. Alright, I had literally been fighting.
Starting point is 00:03:33 They woke me up after I went to sleep for a few hours. Took me off and threw me in chains. Literally overnight, Will went from an active duty soldier to sitting in an 8x8 windowless cell. I had to sleep in shackles, right, in a belly chain and handcuffs. I had to sleep in that stuff, alright, which is illegal. You're not allowed to do that. And when I had to shower, I had to shower in shackles.
Starting point is 00:03:59 Will had wanted to be a soldier basically since he learned to walk. When the US invaded Iraq while he was in high school, he begged his mom to let him quit school so he learned to walk. When the U.S. invaded Iraq while he was in high school, he begged his mom to let him quit school so he could join up. As soon as he could enlist, he did, and he shipped off to Iraq. But things ended up going terribly wrong, and now Will and three other soldiers
Starting point is 00:04:19 were sitting in military detention in a bleak concrete building that stood alone in the desert. That's where Will met Paul Bergren. Paul was representing one of the other accused men pro bono. In his unpublished memoir, Paul said he flew on his own dime and waited in Kuwait to get on military transport to Iraq. He finally made it to Iraq days later on a rety, overcrowded C-130 aircraft. Will took note of the civilian lawyer immediately. And then there's Bergeron,
Starting point is 00:04:50 who is wearing like a Hawaiian shirt. All right, he's got this puff of chest hair coming out from the V of it, and he's got his golden blood box or necklace sitting on that puffed chest hair in a combat zone. Though Paul seemed comically out of place, Will was impressed that he'd shown up in person. The place where Will and the other defendants
Starting point is 00:05:11 were being held was just north of Baghdad. It was one of the most dangerous regions in Iraq at the time, a place where you could get kidnapped or blown up. It's hostile territory. You know, at that point in time, it was hot. You know, it was not a safe place to be. But Paul was there.
Starting point is 00:05:27 You know, the man had a giant sack on him, probably like a pillow sack full of steel bricks. He had the experience to swing a big fist, you know. Paul wrote that he lived by the soldier's creed, to never leave a fallen comrade, which is how he viewed Will and the other imprisoned soldiers. And they didn't have many people in their corner at that point, because Will and the others had been accused of a heinous crime.
Starting point is 00:05:53 They were in prison because they'd been charged with murdering three unarmed Iraqi detainees. The soldiers had initially told investigators they'd shot the detainees because they were escaping. But now they claimed the orders to kill came directly from their colonel, that he'd instructed them to kill all military-age males. They were just following orders. Almost anyone would see this as cold-blooded murder.
Starting point is 00:06:22 But when Paul looked at it, he saw scapegoats. Paul wanted to use the same playbook he'd used to get a light sentence for Javall Davis, the soldier accused of torturing detainees at the Abu Ghraib prison in Iraq. His strategy then was about holding the people near the top responsible. And for Paul, that included the colonel
Starting point is 00:06:42 who allegedly told the soldiers what to do. But the colonel hadn't even been charged. Instead, the Army had given him immunity to testify against his own soldiers. I guess you could say the light was to light up every little dark corner and that there'd be a lot of cockroaches scattering and some of those cockroaches carry pretty heavy rank, you know, and they weren't going to burn. It's just a lot easier to burn us. Paul poured over records and questioned the witnesses.
Starting point is 00:07:13 This time, Paul didn't want a plea deal. He wanted to go to trial. Paul wanted to fight. It was kind of challenging the status quo, you know, because at the end of the day, it's not what it is, but what it can be made to look like, right? And he was trying to bring to light, like, look, this is what it is.
Starting point is 00:07:33 This isn't these men doing. They were doing what they were told. But if it was Paul's goal to put the US government on blast, he wasn't going to get the chance this time either, because as quickly as Paul Berggrin had entered Will's life, he wasn't going to get the chance this time either. Because as quickly as Paul Berggrin had entered Will's life, he disappeared. My mom told me, actually. Paul's illegal activities had overtaken his legal ones. Will's mom called him up. She
Starting point is 00:07:57 told him Paul had been arrested. And I'm like, ain't that a bitch? Paul disappearing on the eve of their trial shocked everyone involved. And even though Will had his own lawyer, he saw Paul's fate as a bad omen. Paul had seemed like a fighter, but as it turned out, he couldn't even protect himself. Will and his mother suspected that Paul's arrest
Starting point is 00:08:21 had somehow put pressure on Will's own attorney to accept the plea deal. I think he felt defeated. The look on his face was just like, he didn't know what to do. Will took the plea and got sentenced to 18 years in prison. When they took Bergeron down, it stacked against you. So you got to ask yourself, look, is you going to go down for the rest of your life or you're not? And that's why I took my plea.
Starting point is 00:08:45 It's like I'm not rotting in prison for any of these bastards. You know, I did enough sins for my country and this government and this unit. Just as Will was coming to Crips with his plea, Paul was over in Newark having the same experience as so many of his clients. Hearing the jail doors... shut. On the day Paul was arrested, John Edwards Tiffany raced down to the courthouse. He found Paul in lockup. He was almost like he'd just gotten out of bed, unruffled, nonplussed, wasn't like,
Starting point is 00:09:21 oh my God, you gotta help me. It was like just autopilot. His work with New York Confidential had finally caught up with him. I walk into the cell and I see these extradition papers. And I take the papers and I rip them up. I said, you ain't signing the extradition. Looking over the papers,
Starting point is 00:09:40 John saw that Paul's being charged in New York with eight felonies. And these were serious crimes he was being accused of. Money laundering, conspiracy to promote prostitution, and misconduct by an attorney. This was the point when John knew most people in Paul's life would run for the hills. But John had no plans to desert his friend when he needed him the most. I was committed, I was loyal, and maybe, yeah, there was a higher purpose in the sense of maybe trying to pick up the pieces in a worst-case scenario, but I really felt that he was hard done by.
Starting point is 00:10:17 At that point, maybe I was naive, I was going to stick by my brother and I was going to be loyal. Paul knew nearly everyone at the courthouse and it seemed like half of them thought his luck had finally run out. The first lawyer John asked about bail practically laughed in his face. That's when he knew they were out for blood.
Starting point is 00:10:40 But John won that fight and fugitive bail was set at half a million dollars. A few hours later, Paul left his jail cell and went back to the office. Paul and his defense team had their work cut out for them. The New York prosecutors seemed dead set on taking this case all the way to court. The district attorney's office in New York was unequivocal. There's going to be no plea deals. We're going to try this case. They held firm for over two years,
Starting point is 00:11:13 until one day they suddenly flipped the script. In early 2009, John got a call. It was Paul's New York lawyer, a guy named Jerry Shargel. After all this time, the prosecution was offering a deal. And it was a good one. Listen, there's a deal on the table for misdemeanor police. Conditional discharge. What that means is you go in, you plead guilty, there's no probation.
Starting point is 00:11:38 Maybe you pay a fine. If you're done, you're out of the system. It was basically like getting a traffic ticket. I was like, wow. So Jerry says to me, you got to come up to my office when I talk to Paul and you got to convince Paul to take this. John met with Paul and leveled with him. And I say quite candidly, take the misdemeanor. You're not going to be disbarred.
Starting point is 00:11:56 You may be suspended, but take the deal. So he agrees. Paul went down to the courthouse and entered his plea. Not exactly a win, but he was still a lawyer, and he was free. Even though John counseled Paul to take the deal, something about it seemed too good to be true. He had an uncomfortable feeling.
Starting point is 00:12:22 He called his wife after Paul entered his plea. They said, but you know, something doesn't seem right. She said, what do you mean? You got a great deal. I said, that's what bothers me. John wondered, why had the prosecutor's been willing to take a misdemeanor plea after two years on eight felonies?
Starting point is 00:12:42 She's like, oh, no, no, don't think you're overthinking this. I wasn't. John was a defense attorney, but he was thinking like a prosecutor. Maybe it just been so many years since Paul was one that he'd forgotten how to think like a prosecutor, too. He could no longer see where he was vulnerable. But John could see it.
Starting point is 00:13:03 He knew something was coming. How well do you really know the stories of the heroes and the traitors that made America? American History Tellers takes you beyond the textbooks and delves into the eras and people and events that shaped our nation, revealing how our history affected those directly involved, their families, and even how the ripples affect us today. The American History Tellers' Traitor Season uncovers the invisible forces behind assassinations and spy plots, from an accomplice at John Wilkes Booth
Starting point is 00:13:35 to seemingly model American families who were Soviet spies. See how enemies and heroes alike drive our history. Follow American History Tellers on the Wondery app or wherever you get your podcasts. Experience all episodes ad free and be the first to binge the newest season only on Wondery Plus. Join Wondery Plus in the Wondery app,
Starting point is 00:13:54 Apple podcasts or Spotify. Start your free trial today. No one understood the impact of Paul's lack of foresight more than Sean Brokos. And certainly, no one was more appreciative. When Paul pleaded guilty to promotion and prostitution, thinking he was saving himself, he had actually given Sean a gift. That admission of guilt was an essential piece the FBI needed to make this a Rico case. Meaning the law office was the criminal enterprise that allowed Bergeron to do all of this other illegal activity. So the murder for hires, the prostitution ring, the money laundering.
Starting point is 00:14:43 They would have had to prove all those charges in court. But Paul had given them a leg up. Sean and the feds wouldn't have to fight him on the promotion of prostitution charges because he had already admitted to them. It had been five years since Kimo was murdered. And finally, with Paul's unwitting help, she had assembled all of the pieces she needed.
Starting point is 00:15:04 Sean and the FBI were ready to take Paul in. It was about a 20-minute drive from the FBI office in Newark to the townhouse out in the suburbs where Paul lived with his girlfriend Yolanda. They arrived just before 7.30 in the morning. The objective was to take Paul quietly without a fight. But based on what they knew, there was the possibility it could go another way. There was probably guns in the home with Yolanda.
Starting point is 00:15:38 So we have multiple discussions about making this a SWAT arrest because of the access Paul had to weapons, but also his volatility going into this. We know we're dealing with somebody who has a tremendous ego, who thrived on beating the system, and all of a sudden when you see the FBI at your door coming with an arrest warrant, what is that gonna mean? The potential that things could get messy made Sean want to be extra cautious. But I, you know, I'm really running, leading this operation, and if anybody gets hurt, it's gonna be because of me,
Starting point is 00:16:20 and I can't live with that. It probably goes back to what happened with chemo, but I just wanted everybody to be safe. So instead of banging't live with that. Probably goes back to what happened with chemo, but I just wanted everybody to be safe. So instead of banging on the door and taking Paul by force, they set up surveillance around the townhouse, and they waited. Finally, the front door opened and outstepped Paul Pergren.
Starting point is 00:16:42 He was wearing suit pants and a pressed shirt. He hadn't put on his tie yet, and his suit jacket was draped over his shoulder. We watched and made sure he got closer to the car, and then the command was given to execute. At that moment, multiple agents and officers descended on Paul. As one of the officers put Paul in handcuffs,
Starting point is 00:17:04 Sean looked him directly in the eyes. I said, you're under arrest. We are going to be transporting you to our office, at which time we will explain this to you. I know you know the drill. Paul said nothing in response. She watched as they placed him in the car and drove away. When Sean got back to the FBI office, Paul was already there. You know that scene in Heat when Pacino, as a dog advice detective, and De Niro meet for the first time at the diner, just off the highway, and the perfectly matched adversaries share coffee and say all sorts of cool, reflective things to each other,
Starting point is 00:17:45 like two sides of a dark-tinted window? This wasn't that. Instead, Shawn did most of the talking. We got him into the arrest room, and we uncuffed him and then cuffed one hand to the railing, and he just sat at the table in the interview room, and that's when we started talking to him. Talking at him probably is more accurate.
Starting point is 00:18:08 She laid out the charges. Witness tampering, money laundering, drugs, murder. According to Sean, despite the serious charges, Paul didn't seem all that bothered. The only thing that really seemed to upset him was that we found steroids in the car and he was denying they were his. was that we found steroids in the car and he was denying they were his.
Starting point is 00:18:28 And I'm thinking in the grand scheme of things, this is so unimportant, nobody cares. You've been charged with RICO and with drugs and with murder and all of these things. I don't think steroids is going to make or break our investigation. She let Paul know the full scope of the investigation. It was the opportunity to sit down and say to him, we know what you've been doing. You can't lie anymore. We're not expecting you to cooperate. But I want you to know that we have this evidence against you.
Starting point is 00:18:57 And I laid it out pretty methodically. And I was also clear, very clear, because he's a lawyer, I'm not asking you questions. This is not an interview. We did Mirandize him. He read his rights. He signed them. He acknowledged them. Unlike Kimo and Will Baskerville, Sean had no intention of flipping Paul.
Starting point is 00:19:19 For Sean, he was the end of the line, the man at the top. She should have been feeling victorious. When she looked across at Paul, it was a bit more complicated. And I never thought I'd have this feeling, but I looked across the table and I actually felt sorry for him. Because he's so pathetic. Because here he had built this whole house of cards and thought he had built everything so airtight and manipulated people so well, and it all unraveled around him. And I could see that he was afraid.
Starting point is 00:19:53 I think I actually saw a glimpse of humanity in there. Paul may have appeared afraid, but Sean knew that deep down, he was still ruthless, and that in order to beat him, she'd have to be ruthless too. The FBI arrested four of Paul Bergrin's accomplices that day, including Yolanda. The day after Sean arrested Paul, she was parked out in front of Isabella's restaurant in Newark, the same restaurant that Paul and Yolanda own together. Isabella's is nestled in a quiet residential neighborhood, across from a school.
Starting point is 00:20:31 Out front, there's a red awning where the Isabella logo is flanked by a palm tree in a castle. But she wasn't there for a meal. We knew they were laundering money through it. We suspected it was drug money. With Sean was a team of DEA and FBI agents. They streamed in the front door. It went straight through the dining area and into the kitchen.
Starting point is 00:20:53 It didn't take them long to find what they were looking for. When they got to the back corner of the kitchen, Sean knew they were in luck. We saw what there was, multiple kilos of cocaine. Just big, huge black duffel bags full of kilos. They were just in luck. We saw what there was, multiple kilos of cocaine. Just big, huge black duffel bags full of kilos. They were just in time. They were being dropped off for somebody else to pick them up.
Starting point is 00:21:11 The drugs came up from Mexico, directly from the cartel. This was a large-scale drug operation. That was a well-oiled machine. The drugs were evidence against Paul, sure. But there was something even more valuable to come out of this bust. Leverage. Yolanda had first met Paul in his law office. By the time the feds came knocking on Paul's door years later,
Starting point is 00:21:36 she'd become an integral part of his operation. One newspaper would later describe her as the Bonnie to Paul's Clyde. After the drug bust at Isabella's, Yolanda was in even deeper. This gave Shawn the opportunity to go back to her playbook. She would flip Yolanda, get intel on Paul's many crimes, maybe even get her to testify against him. You tell me what I need to know, you do less jail time. It was after that that we were able to get Yolanda on board as a cooperator.
Starting point is 00:22:11 Yolanda took the deal. And she laid this out for us, and then we got to see the world of how big this really was. Now that Bonnie had turned on Clyde, Shawn was finally one step ahead of Paul, and she wasn't about to lose that advantage. But unlike Sean, Paul was willing to go outside the law, very far outside. A few weeks after Paul's arrest, Sean was drinking beer with a friend on her patio.
Starting point is 00:22:41 When she got word that Paul was talking with Yolanda about her from prison. During that meeting, they talked about putting a hit out on me. Unfortunately for him, Yolanda was now working with the FBI on a recorded line the agency was listening to. That's when a bunch of squad cars came and interrupted Sean's evening.
Starting point is 00:23:02 When she got the news, Sean was stunned at Paul's audacity. There's such a heavy price that comes with killing a federal agent. That was in my mind. I don't know why I made that distinction. I'm not saying it's rational. He'd kill a source, but not an agent. That's how I always saw it,
Starting point is 00:23:16 that he's just not that stupid. The crazy thing was, it wouldn't even help Paul beat his charges. If you hate me, you hate me. And if you want to kill me just because you hate me, that's one thing. But if you hate me because you think you're going to get somewhere in your case, it's never going to happen. I'm replaceable.
Starting point is 00:23:31 If I were to die, there'd be another agent who could testify in my place. The FBI was concerned for Shawn's safety and wanted to move her somewhere more secure. She refused, so they decided to deploy their new secret weapon. Shawn said they asked Yolanda to set up another conversation with Paul, and they gave her a script. Yolanda was sent back with the explicit purpose of saying, you can't do that, you don't want to kill a federal agent. So I knew that we were able to tamp it down. When Sean flipped Yolanda,
Starting point is 00:24:01 she'd anticipated having to protect her from Paul. But she hadn't anticipated Yolanda. She'd anticipated having to protect her from Paul. But she hadn't anticipated Yolanda doing the same. The only way for Sean to feel secure was to make sure his criminal charges stick. Paul Bergren knew the system inside and out. He was a lawyer and had fought his way through countless courtrooms.
Starting point is 00:24:21 Sean was outside of her wheelhouse. Paul was not. Paul had worked miracles for his clients. Now he'd have to work them for himself. Run from the rookie man. In New Jersey, everything happens in diners. It's where we celebrate. It's where we do business. And sometimes, it's where we go to hire a lawyer.
Starting point is 00:24:57 Yeah, so I met Ron at a diner in Summit, New Jersey. I remember that meeting. Larry Lusberg is a distinguished criminal defense attorney in New Jersey. I remember that meeting. Larry Lusberg is a distinguished criminal defense attorney in New Jersey. Ron Bergren, Paul's cousin, had reached out asking him to help Paul. Ron was imploring me to take the case. They met at the Broadway Diner.
Starting point is 00:25:16 It's a classic roadside spot with cozy booths, soft lighting, and a sign reading, World's Best Pancakes. They grabbed a table and got down to it. soft lighting, and a sign reading, world's best pancakes. They grabbed the table and got down to it. I had my doubts about getting involved in the case. It just seemed like a very big case, and I didn't know whether there would be enough money involved, you know, to try this case privately
Starting point is 00:25:38 would be millions and millions and millions of dollars, and there was nothing like that. But Larry could see this was gonna get a lot of attention. You always wanna be involved in the big cases of the day. I mean, it's just, it's the way we are. I mean, you know, we wanna be involved in the hot stuff. And when Larry saw Paul's indictment, it was definitely the hot stuff.
Starting point is 00:25:57 It read like an airport crime thriller. Among the charges, racketeering and racketeering conspiracy, wire fraud and wire fraud conspiracy, and murder of a witness. I said to Ron the first time I met him, Paul's only chance of winning this case is if it gets broken down. Because he can win each of these, but once you put them all together,
Starting point is 00:26:20 the jury's going to think he's just a criminal mastermind. And if he was convicted of murdering a witness, Paul could face a death penalty. I've always been an opponent of the death penalty, so I would be inclined to get involved for that reason as well. Even without a death sentence, Paul could go to prison for life. And there was another reason. I also knew Paul and thought that it would be interesting to represent him because I kind of knew how he was.
Starting point is 00:26:46 That's because Larry had actually faced off against Paul in court in the 1980s, when they were both coming up. He'd been impressed by his aggressive style. There was no issue that was too small for him to pick apart. Larry had been defending a Newark Postmaster accused of tossing a few thousand pieces of junk mail. And Paul had been trying to throw the book at him. I really firmly believe that if that case had been a homicide, he would have fought it just as hard as he did a, you know, heady offense of discarding mail.
Starting point is 00:27:16 Afterward, Larry stayed in touch with Paul, as both of their careers advanced beyond litigating junk mail. They weren't friends, but they had a mutual respect for one another. So decades later, Larry decided to defend Paul. He thought the feds might be able to prove Paul had bent the rules, even that he'd crossed the line.
Starting point is 00:27:35 But a murderer? Larry just didn't buy it. Paul was being held in prison in Brooklyn, so Larry spent a lot of time driving back and forth between New Jersey and New York for meetings with him. I mean, it's hard to try a case when you're non-incarcerated. The hours are unbelievably long. But Paul was incarcerated. He was being held at a grim, gray fortress
Starting point is 00:27:57 that was nothing like the plush wood paneled offices he was used to. It was gross. It was smelly and dirty and yucky. Larry visited with Paul in the conference room there. You know, he's in a prison jumpsuit. We would go over documents with him, you know, talk about strategy.
Starting point is 00:28:13 He would frequently give us tasks to do that he couldn't do from the inside. We would spend hours talking about the evidence. Larry saw weaknesses in Sean and the FBI's case, specifically the charge that Paul personally ordered Kimo McCray's killing. Paul's entire involvement in the case, if you believe the government, is that he attended a meeting in which he said, no Kimo, no case. Larry didn't think that was enough for any jury to convict Paul. If Paul knew that this murderous group was going to act on that by killing Kimo,
Starting point is 00:28:47 that would be one thing. But the government provided no evidence other than Anthony Young to support the idea that anybody understood that that's what Paul was saying had to be done. And after that, Paul has no involvement. He's not at the scene of the crime. There's no communications with him. After the crime was saying, Dundee, we're now good.
Starting point is 00:29:06 Larry was planning to argue there was not enough evidence to prove that Paul had given instructions to kill Kimo. But months before they were due in court, Paul shifted his plans. Larry would no longer be trying this case. Paul chose to represent himself. Larry would still be by Paul's side during the trial, but Larry wasn't sure it was the right move. You know, the old saying, the man who represents himself has a
Starting point is 00:29:33 fool for a client. Did I think he would have a better chance of winning it than I would? I'm not so sure. No way. It's a slap, right? You know, he thinks he can do a better job. It was true that Paul had a nearly flawless record when it came to getting people off. So maybe he figured there was no better lawyer to free Paul Bergren than Paul Bergren. And Larry also believed in Paul.
Starting point is 00:29:55 I understand his passion for his own case. You know, he lived it. And I also just believe in the person's constitutional right to represent yourself. In October of 2011, Paul arrived at the courthouse in chains, and changed from his prison jumpsuit into a pinstripe suit. He'd been arguing cases for decades, but this would be the first one where his movements as a lawyer would be severely restricted. Paul would not be allowed to approach witnesses or the jury. He had to stay near his lectern. The judge had threatened to fit him with an ankle monitor
Starting point is 00:30:29 that would deliver electric shocks if he couldn't follow these rules. Even with the odds stacked against him, Paul seemed ready to exercise his constitutional right to save his own ass. His opening gambit was to try and convince the judge to separate out his charges. If it was all broken down, he would have a chance of victory because the jury wouldn't have the challenge of compartmentalizing each of these different schemes. This was a huge decision by the judge that could make or break the prosecution or the defense's case. And it worked. The judge agreed with Paul. This meant the trial would only deal with
Starting point is 00:31:06 the murder, not the full scope of his criminal activities. It was meant to be tried in totality. And so when that judge severed the murder from the rest of the indictment, it was daunting to say the least. It defied all logic. For Shawn, none of these crimes existed in a vacuum. Now, if she got on the stand and said anything out of bounds, she could botch the murder case. It was very difficult because your hands are tied. You're trying to explain why Kimo was murdered,
Starting point is 00:31:39 but you can only say so much. And I remember testifying, and I would have to kind of look to the judge, what can I get so much. And I remember testifying, and I would have to kind of look to the judge, what can I get into, what can I? As for Paul, he addressed the jury like a man whose life depended on it, because it did. He told them that the prosecutor's claims were, quote,
Starting point is 00:31:58 more fiction than you've probably ever heard in your entire life. He told them he had no need to order Kimo's death. He talks about how regardless of whether Kimo was there, they had surveillance tapes and audio tapes and lots of evidence against William either way. Paul's view of this case from the outset was not that he was gonna get William off in some regard,
Starting point is 00:32:22 especially by killing somebody, but that the case would be resolved by virtue of as favorable a plea bargain as you could get. And I thought that those arguments were compelling. And the jury did too. Days into the deliberation, the foreman of the jury passed a note to the judge. They had hit deadlock.
Starting point is 00:32:44 The judge told the lawyers he didn't think more time was going to resolve the issues. We knew probably after day two that, I mean, look, we were, I'm glad it was not an acquittal, but a hung jury was definitely a loss for us. Paul had pulled off a remarkable feat of lawyering, not to mention in self-preservation. He'd represented himself, a risky move to start.
Starting point is 00:33:09 And at the end of the trial, he was not convicted. It ended in a mistrial. You know, the whole thing was devastating. I had now worked this case actively since 2004. All those years she investigated Paul for chemo's death, sat by a phone that didn't ring, chased leads, worked dicey informants. She had caught him and in the eleventh hour watched him pull off a miracle.
Starting point is 00:33:36 Sean was emotionally exhausted. I wanted this chapter in my life behind me. I wanted to move on. I wanted to work other cases. I just wanted to be done with this. But a hung jury meant that this was not over yet. The judge set a new trial date so that Paul and the US attorneys could start all over again. The fight had been bruising, but neither side was going to back down anytime soon.
Starting point is 00:34:02 And for the next trial, the feds would come out swinging. What did they say? FBI always gets its man. I mean, that's what they were going to pursue this until they got them. And whether that's fair or not fair, that's the reality. That's on the next and final episode of Criminal Attorney. of Criminal Attorney. Follow Criminal Attorney on the Wondery app, Amazon Music, or wherever you get your podcasts. You can binge all episodes early and ad-free right now by joining Wondery Plus and the Wondery app or on Apple Podcasts. Before you go, tell us about yourself by completing a short survey at Wondery.com slash survey. From Wondery, this is episode five of six
Starting point is 00:34:48 of Criminal Attorney. Criminal Attorney is hosted by me, Brandon Jenks Jenkins. This series is reported and written by Matthew Nelson. Senior producers are Chris Segal and Stephanie Wachne. Senior story editor is Rachel B. Doyle. Associate producer is Malachi Wade. Consulting producer is David Fox, with additional writing from Neil Drumming.
Starting point is 00:35:09 Fact Checking by Anika Robbins. Sound Design and Mixing by Jeff Schmidt. Audio Assistance by Daniel William Gonzalez. Sound Supervisor is Marcelino Villapondo. Music Supervisor is Scott Velazquez for Freesan Sync. Senior Managing Producer is Lata Pandya. Managing producer is Heather Beloga. Development producer is Olivia Webber.
Starting point is 00:35:30 Executive producer is Matthew Nelson. Executive producers are Nydre Eaton, George Lavender, Marshall Louis, and Jen Sargent for Wondry.

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