Customer Reviews

The Smoking Gun : Day by Day Through a Shocking Murder Trial with Gerry Spence

5 star:		(17)
4 star:		(3)
3 star:		(0)
2 star:		(0)
1 star:		(3)

 

 

Gerry Spence, the Dean of the Criminal Defense Bar, gives a fascinating account of an innocent woman's hellish, almost neverending, journey through the criminal justice system. He exposes the frightening, unethical, efforts of the prosecutors to convict Sandy Jones. For those who've been charged with a serious crime, that assistant district attorneys intimidate witnesses, berate crime lab technicians who come to the "wrong" conclusions, slander defense counsel in the newspapers, and "cook" the evidence, this poor woman's story will come as no surprise. For most readers, this sometimes exhausting, but riveting book will expose a truth -- that prosecutors, the flawed human beings compromised by the very power bestowed upon them, are hardly the white knights of the criminal justice system. By the end of the book, it's clear that without an energetic, caring, skilled and unintimidated attorney, Sandy Jones would have spent the rest of her life in a concrete coffin.

I, for one, thought the book was true to the account. Especially of what Ulys Stapleton and Josh Marquis were telling the public in Newport Oregon at the time. As a long time resident of Newport, to this day I'm appalled at the lack of responsibilty on the part of these two men and this book brought all that back to life. COASTDA is one of them, the latter if I'm not mistaken. In fact, I think it's pathetic that his only recourse is to attack Gerry Spence in this forum after already FAILING in all other attempts to bar him from speaking his piece in this case. I say to these men only, it's been 19yrs...isn't it time to grow up and take responsibility for your actions?

Gerry Spence has succeeded Robert Traver (John Voelker), Louis Nizer, Jake Ehrlich, and Francis Wellman as the popular author of real life legal battles. Spence writes his own stuff - unlike Vincent Bugliosi who's had collaborators - and Spence is as candid as Pepys was to his diary. If you're not put off by Spence telling, in every other book, the anguish and ecstacy of his personal life, or how good he is, no legal work, fiction, non-fiction, and certainly not the case reports, can match Gerry's writings. Despite what you star givers write, "The Making of a Country Lawyer," Spence's autobiography, is his best book. Only Reginald Hine's "Confessions of an Uncommon Atorney" can compete. Read Spence's story and, if you've ever gone into business for yourself or tried to bang a buck out of the law while maintaining those "hostages to fortune" at home and yet still struggled to get ahead, see if you don't agree. With the "The Smoking Gun" Spence got it all right again. This one's not as well-known as "Helter Skelter" was nor as riveting but I can't think of an "ordinary" murder case that's been so absorbing story as "The Smoking Gun." Not "An American Tragedy," not "Compulsion," not any of Bugliosi's minor books and certainly nothing by Ann Rule or any of those Texas murder trial accounts. For one, "A Smoking Gun" is a story about a fear that slithers though everyone's subconsciousness and sometimes surfaces in nightmares: being charged with a serious crime one didn't commit and being prosecuted by over zealous DAs who seem to want a conviction more than justice. In addition there's the uncooperative defendant, the courageous judge (Harl Haas of Portland, Oregon), and, of course, Superman to the rescue. But Superman does write masterfully, it's a great story, and I highly recommend it.

This narrative, about two extraordinary trials in the State of Oregon during the mid 1980's, is superb. Gerry Spence's account keeps you glued to the book throughout, and he is masterful at presenting behind the scenes activities and trial experiences. He was part of an exceptional defense team representing defendants who were accused of murder, the circumstances of which are described in heart wrenching detail. The book portrays the teamwork, investment of time and the wisdom required to provide a worthy defense against overwhelming odds. Mr. Spence writes with sensitivity and compassion in describing the perserverence of many individuals determined to have justice and truth prevail. Courage and resourcefulness are central themes of this inspirational story.

This week I had the chance to attend a book signing for The Smoking Gun in Salt Lake City and to hear Gerry Spence talk about his latest book. It was interesting to get the skinny straight from the horse's mouth.

Much has been said about this book and whether Mr. Spence has taken liberties with writing about the case in question. In the long run I believe that any report of factual occurrences boils down, in the end to perspective. As I listened to Spence discuss his perspective I concluded that he has provided an honest representation of the facts in this case according to his own perspective. What more can be asked of an author?

More than a recap of a specific trial, The Smoking Gun is a fascinating account of how one of the nation's greatest attorneys approaches the trial for crime and offers the reader a chance to go inside the Spence legal intellect. Spence, famous for his devotion to the right of everyone to counsel, does what he does best, taking on the big guns of state government and big business in an effort to see that justice is served despite the prosecution's efforts to ensure that state and business personnel come out smelling like roses--even at the expense of possibly railroading innocent people.

Spence is an excellent writer and narrator and The Smoking Gun is a compelling read regardless of whether you agree with Spence or not.

Douglas McAllister

Gerry Spence is not only a famous trial lawyer. He's a terrific author. He's written a number of books that are well worth reading. Some of his books concern individual cases he was involved in. Others deal generally with his philosophy of justice and government. Some of my favorites include: Gunning for Justice; Of Murder and Madness; and the Making of a Country Lawyer.

"The Smoking Gun" concerns a homicide which occurred in Oregon in the mid-1980's. Sandy Jones and her son confronted a real estate developer,Wilfred Gertula, and his wife over trespassing on their land. Sandy and her son had loaded rifles and an altercation began. During the altercation, Wilfred Gertula was shot and killed. Sandy and her son were charged with murder. The only problem was they hadn't shot Mr. Gertula. Forensic tests proved that Mr. Gertula was likely shot by a handgun, not a rifle, and the person firing the gun was almost certainly his wife, Monica Gertula. Polygraph tests showed that when Monica claimed she hadn't fired a weapon at the crime scene, she almost certainly was not telling the truth. Later, a witness came forward to indicate that the Gertulas' almost always kept a loaded handgun in the glove compartment of the vehicle they were riding in at the time of the homicide.

The amazing part of the story is the difficulty that Spence has despite these facts in freeing Sandy Jones and her son. The prosecutors conceal evidence, refuse to dismiss the case, refuse to agree that Sandy should be allowed release on bail, and generally bring the full power of the state down on someone who they either know/or should know never committed the crime with which she is charged. The lack of integrity by the prosecution is virtually a scandal.

To be fair, I don't think Spence does emphasize enough Sandy Jones'role in the homicide. She may not have fired the gun that killed Wilfred Gertula, but her actions--in brandishing and firing a loaded gun--may have been what caused Monica Gertula to fire her weapon and accidentally kill her husband. Spence is faithful to his role as advocate for his client and doesn't see her responsibility for any of the events.

Nevertheless, the book is an interesting story and its a timely reminder that the awesome power of the state can be used to ruin the lives of innocent and helpless people. The role of the criminal defense attorney is an essential, if unpopular one, in a free society.

Tempted as it must be for prosecutors to defeat a giant and legend like Gerry Spence in a courtroom - it would mean immediate fame and legal immortality. But the giant is not a legend for naught!

Gerry Spence is not only a superlative legal tactician, for that alone he would not be what he is. Gerry Spence is a wonderful storyteller and most of all one eminently gifted in the art of persuasion. This is amply illustrated by the several books, including this one, authored by Mr. Spence.

"Smoking Gun" is a riveting story of how a little guy (actually, a woman) and her son was rescued from the ugly jaws of the law enforcement and legal establishment of the Lincoln County, Oregon. And how the heroic efforts of a small, dedicated team had made a small difference in the American legal jungle, yet a life-and-death difference to an innocent, nameless woman and her son, struggling to live a simple life.

"Smoking Gun" is a sobering story of why we should never develop a complacency over those vested in state power. Prosecutorial excesses and prosecutorial misconduct may not be widespread, but when that hideous force visits upon an ordinary citizen, it crushes him! It is for this reason, among others, why we must be vigilant against the concentration and abuse of power, especially state power - I mean even faced with the menace of terrorism.

I like Gerry Spence. I think he is believable. However, I am never comfortable I get the whole picture with only one side of the story, compelling though it certainly is. I wish someone knowledgeable in this rather high profile case would offer a challenge of some sort - a book may be, so that that matter can be seen from another light.

I like Gerry Spence also because he is a liberal in ideals but he does not embrace the despicable tactics that are the standard fares of most other high profile liberals. Although I don't always agree with him on issues (I am not a liberal), I can hear him speaking from his heart why he wanted us not to cut down an old grove tree...

"Smoking Gun" is written like a novel. It is very well written and a joy to read.

I've read a few of Mr. Spence's books. In reading the reviews for The Smoking Gun I was intrigued by the review by "coastda." It actually encouraged me to purchase the book to "see for myself" if there was any merit to his comments. There isn't. In returning to his review - after I purchased and read The Smoking Gun - I see even more clearly the role coastda played. He was the ultimate loser in that story. And, the story is a frightening one about our criminal justice system at play. It would be interesting to see if the fiction coastda believes ever makes it to the light of day. For anyone who has ever been potrayed dishonestly in the newspaper - been given the run around by the police department - had a runin with "child protective" services - this is a great story of the extremes that happened to one family. And, against the backdrop of an actual murder that happened in coastda's back yard.

This is a great book. I couldn't put it down. People need to read this book to see the good that lawyers do. Here's Gerry Spence, famous and probably (and deservedly) rich representing a poor lady who is up against a real conspiracy of the town "leaders" in a murder trial. He has to actually get prosecutors kicked of the case because in their zeal to get a conviction they forgot that their duties were to do justice. He stands up to a biased judge and gets him off the case, too. This was spectacular lawyering.

What impressed me most is that Spence did not have to get involved in this case at all--it wasn't a sexy case--there was no notoriety to be gained.. yet there he and several attorneys from his own office, together with some young attorneys in Oregon, fighting like heck for this lady.. for free.. Spence and his office must have spent thousands (yes, thousands) of hours on this case for nothing more than the satisfaction that came with fufilling the laws highest calling--representing the poor and oppressed against the power of the state.

The book is an easy read... not too technical... and Spence explains things that lawyers would know but lay people might not.
I highly recomend this booka and were I a law professor I would be assigning this book as a mandatory read.

I could not lay this book down until I had read it from cover to cover. The obsession to persecute, with all the power of the government at their fingertips is shown in detail. "Good" men in positions of power making "bad" choices ? Or is there something else involved? Gerry Spence is a masterful story teller who makes you wonder just why the powers that be would put so much time and energy into trying to dispose of one small family. Has the persecution of the "Jones Tribe" stopped or does it continue to this day ? It is not just a little scarey to think that something like this could happen to anyone. This book is a must read for anyone interested in justice in America!