Rogue Lawyer

I would put Norberto on the stand to verify these lies, but he has two felony convictions and would be humiliated by Mancini.

Left unsaid in this testimony is the fact that I was also in the corner. I was wearing my bright yellow “Tadeo Zapate” jacket and trying to act as though I was somehow needed. I have explained this to Max and Go Slow and assured them that I saw and heard nothing crucial. I was just a spectator; thus I ca

We watch the third round and count more blows to Tadeo’s head. Oscar testifies that when the fight was over Tadeo thought he had one more round. He was out of it, barely conscious but still on his feet. After he attacked Sean King and was pulled off by Norberto and others, he was like an enraged animal, unsure of where he was or why he was being restrained. Thirty minutes later, as he was changing in the dressing room while the police watched and waited, he began to come around. He wanted to know what the cops were doing there. He asked who won the fight.

All in all, not a bad job of creating some doubt. However, even a casual viewing of all three rounds clearly shows a fight that was fairly even. Tadeo dished out as much damage as he absorbed.

Mancini gets nowhere on cross. Oscar sticks to the facts he has created. He was there, in the corner, talking to his fighter, and if he says the kid took too many shots to the head, so be it. Max can’t prove otherwise.

Next I call our expert, Dr. Taslman, the retired psychiatrist who now works as a professional witness. He wears a black suit, crisp white shirt, tiny red bow tie, and with his horn-rimmed glasses and long, flowing gray hair he looks incredibly smart. I slowly walk him through his qualifications and tender him as an expert in the field of forensic psychiatry. Max has no objections.

I then ask Dr. Taslman to explain, in layman’s terms, the legal concept of volitional insanity, the standard adopted by our state a decade ago. He smiles at me, then looks at the jurors in much the same way an old professor would enjoy chatting with his adoring students. He says, “Volitional insanity means simply that a person who is mentally healthy does something wrong, and at the time he knows it’s wrong, but at that moment he is so mentally unbalanced, or deranged, he ca

He has watched the fight many times, and the video of its aftermath. He has spent a few hours with Tadeo. During their first meeting, Tadeo told him he did not remember the attack on Sean King. Indeed, he remembered virtually nothing after the second round. However, during a later session, Tadeo seemed to recollect certain things that happened. For example, he said he remembered the smug look on Crush’s face as his arm was raised in victory. He remembered the crowd screaming its disapproval of the decision. He remembered his brother Miguel yelling something. But he remembered nothing to do with the assault on the referee. Regardless, though, of what he remembered, he was blinded by emotion and had no choice but to attack. He had been robbed and the nearest official was Sean King.

Yes, in Dr. Taslman’s opinion, Tadeo was so deranged he could not stop himself. Yes, he was legally insane, and therefore unaccountable for his actions.

And there is another, quite unusual factor in play here that makes the case unique. Tadeo was in a cage designed for fighting. He had just spent nine long minutes trading punches with another fighter. He makes his living punching people. To him, at that crucial moment, it was okay to settle the matter with more punches. Put in context, and in the environment of that instant, he felt as if he had no choice but to do what he did.

When I’m finished with Taslman, we break for lunch.

26.

I stop by Domestic Relations to check the court file. As expected, old Judge Leef has denied Judith’s request for an emergency hearing, and has scheduled the matter four weeks from now. His order also states that regular visitation will continue unchanged. Take that, sweetheart.

Cliff, Partner, and I walk a few blocks to a diner and hide in a booth for a quick sandwich. The morning’s testimony could not have gone better for Tadeo. All three of us are surprised at how well Oscar did on the stand, and how believable he was in telling the jurors that Tadeo had been knocked out, but was still standing. Few fight fans would believe that, but there are none on our jury. For $20,000, I expected Dr. Taslman to perform admirably, and he did. Cliff says the jurors are thinking now, with some doubt firmly planted. However, an acquittal is impossible. A hung jury is still our only chance. And it could be a long afternoon as Mancini goes after our expert.

Back in court, Max begins by asking, “Dr. Taslman, at what moment did the defendant become legally insane?”

“There is not always a clear begi

“So, before that moment, was he insane by your definition?”

“It’s not clear. There is a strong likelihood that Mr. Zapate had been mentally impaired during the last few minutes of the fight. This is a very unusual situation, and it’s not possible to know how clearly he was thinking before the decision was a

“How long was he legally insane?”

“I don’t think it’s possible to say.”

“Okay, under your definition, when the defendant whirled around and struck Sean King with the first punch, was that an assault?”

“Yes.”

“And punishable by some standard?”

“Yes.”

“And excusable, in your opinion, because of your definition of legal insanity?”

“Yes.”

“You’ve seen the video many times. It’s clear that Sean King made no effort to defend himself once he fell to the deck and was sitting against the cage, right?”

“That appears to be the case.”

“Do you need to see it again?”

“No, not at this time.”

“So, after only two punches, Sean King is down and out, unable to protect himself, right?”

“That appears to be the case, yes.”

“Ten punches later, his face is bleeding and basically pulverized. He ca

“He could not control himself, so the answer is yes.”

Mancini looks at the judge and says, “Okay. I want to run the video again in slow motion.” The lights are dimmed yet again, and everyone stares at the large screen. Max runs it in super slow-mo and a

I glance at the jurors. They may be tired of this footage but they’re still captivated by it.

Max stops with blow number twelve and asks, “Now, Doctor, you’re telling this jury that they’re looking at a man who knows he’s doing wrong, violating the law, but ca

“That’s correct,” Dr. Taslman says, not yielding an inch.

Thirteen, fourteen, fifteen, Max counts them off slowly and stops at twenty. Max calls out, “Now, at this point, Doc, is he still insane?”

“He is, yes.”

Twenty-one, twenty-two, and bodies land on Tadeo as Norberto finally dives on and stops the carnage. Max asks, “How about now, Doc, they’ve pulled him off and the attack is over? At what point does the boy return to sanity?”