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We The
People Foundation
2458 Ridge Road, Queensbury, NY 12804 January 9, 2004
Mr. Arch McColl Dear Arch: Dick Simkanin’s trial was the first criminal trial I have sat through and witnessed first hand. In addition, Dick’s trial was the first time I have worked with a legal team as it prepared for and conducted a defense. The following are but a few of the observations I came away with: Judge McBryde was not going to allow Dick to defend himself, no matter who was representing him. Dick and his lawyer were muzzled. The judiciary was cooperating with the executive in a collective decision to deny Dick certain constitutionally guaranteed Rights. The members of the jury knew the right questions to ask but did not know their Rights. You, Tom, Linda, Bryan, Charlie and the rest of your team are to be highly commended for your work. You worked very well together under extraordinarily difficult circumstances. The whole was definitely greater than the sum of the parts. There was a synergism seldom seen among any group of people on a critical, action-oriented mission. I was particularly impressed with the speed and intelligence with which you recognized the need for and then produced added motions, arguments and evidence. You operated well beyond the call of duty, with a never-give-up attitude that was laudable. You all showed great heart and integrity. Your overall legal strategy (good faith defense) and your strategy to get around the intense opposition from the DOJ and the Judge to allow Dick’s witnesses to testify on the record were excellent. Your demeanor under hostile fire from the bench and threat of sanctions, your persistence and degree of aggressiveness to get critical evidence into the record were particularly worthy of commendation. You may have lacked subject matter expertise going in but you were a quick study. That, coupled with your obvious litigation expertise as a trial lawyer, and your never-ending awareness of what was going to help on appeal, put you (and Dick) in as good a position as could be hoped for under the conditions of the tyranny of the court and a feeble jury. We will follow through on your suggestions for a “Jury Notes for Lawyers” addition to our web site and for a seminar to train lawyers to manage cases of this kind. Thank you for those ideas and your willingness to help us implement them. Please don’t hesitate to call on us here at the Foundation if there is anything we can do to help Dick as the case goes forward. Thank you again for your professionalism and your stoutheartedness. With warm regards, _______________________ Robert L. Schulz Chairman
Cc: Tom Selgas |
