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The ABA Moot Court Trial
In 1993, members of the American Bar Association
re-enacted the 1953 trial of Julius and Ethel Rosenberg, a moot trial conducted
with expertise and meticulous concern for accuracy The unanimous verdict
of twelve jurors was "Not Guilty." This "trial" and its dramatic outcome
was widely reported by the media - for one day only.
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Mock trial rewrites
history
David Greenglass sat in the witness chair,
describing how his brother-in-law Julius Rosenberg had enlisted him to
steal atomic secrets for the Russians.
Greenglass--actually,
an actor playing him--was on hand for "The Trial of the Century," presented
Monday by the ABA Section of Litigation at the Waldorf Astoria. Crack
teams of litigators reargued the case, equipped with facts and technological
wizardry that were not available when the case was tried in the '50s, during
the high water mark of anti-Communist hysteria,
The biggest
boon to the defense is the availability of FBI documents from the '50s
that have come to light through freedom of information requests,
said Harry M. Reasoner, the Houston lawyer who acted as counsel for Julius
Rosenberg in the program.
"We have the FBI
transcripts that show the FBI continually recorded and rehearsed [Greenglass']
statements and finally put him together with [another government witness],
Harry Gold, so
Trial: New documents
support defense
that they would have the same story," said
Reasoner, whose co-counsel is New York lawyer Gary Neftalis. "The documents
show that in key aspects the government's story was fabricated," he said.
While
the passage of time has not improved the prosecution's case, it has not
substantially weakened it either, said Andrea Zapp, of the Cook County
State's Attorney's office. She represented the government with Thomas P.
Sullivan, the former U.S. attorney for the Northern District of Illinois.
The trial
obviously benefited from cutting-edge technology. A series of video monitors
showed the instantaneous reactions of jurors and a separate panel of lawyers.
When there was something they disliked, they indicated their disapproval
with hand-held controls.
Tovah Feldshuh,
the actress who starred as Yentil on Broadway, sat demurely at the defense
table as Ethel Rosenberg. However, she has no lines in this production,
since the real Ethel Rosenberg never testified [NCRRC note: not true, the
real Ethel, and Ms. Feldshuh certainly did testify. Co-defendant
Morton Sobell did not testify at the original trial.] because she did not
want to admit to being a Communist.
The presence
of spectator Michael Meeropol, the Rosenberg's eldest son who was 10 when
his parents were electrocuted, lent a poignant touch to the proceedings.
Meeropol, who is now an economics professor at Western New England College
in Springfield, Mass., will be speaking today, following the morning's
closing arguments.
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