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Mon Mar 20, 2017 16:15

"severely damaged Hauptmann's chances [at the NJ Trial]"

But if Fawcett had yielded easily on the issue of Extradition and let him go without a fight, what would really have changed? Ten more minutes to convict?

The handwriting evidence was what it was - so compelling that even BRH finally gave in on the matter, "the real crooks copied his handwriting."

The tool marks and wood identification (and joist nail placement) showed his connection to the home-built ladder.

He denied possessing any more Lindy gold notes (post arrest), and had to admit (after the search), that he did indeed just happen to have almost $15,000 in the ransom loot hidden in his garage, much in the original serial-number order when packed by the bank back in 1932.

He quit work at the Majestic (a job he paid to get) at the same time when the ransom was paid to Cemetery John. He bought expensive goods without accounting for the money, sent his wife to Europe on a high-priced steamer, bought silverware, a new canoe, custom-made suits, etc.

Fawcett may have done his client no favors with initially resisting Extradition to NJ in Oct 1934 (and locking in some earlier testimony), but in the overall context of the hard evidence presented at Flemington, does it really matter (much)?

It's not as if the end result would have been any different.
Even Hauptmann himself admitted (at the Trial) that he did not work at the Majestic on Mar 1, 1932. His cancelled checks, with his own acknowledged endorsements, proved the same.

  • James M. FawcettAnonymous, Sun Mar 19 11:57
    Fawcett severely damaged Hauptmann's chances. Read the chapter "Extraditing Hauptmann" in the Dekle-Dedman book.
    • damaged — Anonymous, Mon Mar 20 16:15
      • FawcettAnonymous, Tue Mar 21 14:10
        You should always put the odds in your favor. You look for the easier argument. A statement to the police in the pressurized environment of a police precinct is easier to attack than the atmosphere... more
        • misconduct?Anonymous, Sat Mar 25 14:35
          "the NJ defense provided ineffective assistance by not pointing out Fawcett's misconduct (in NY)." The emphasis in the first few days (after the arrest) was New York, NY, and NY. The extortion... more
          • FawcettAnonymous, Sat Mar 25 19:45
            Fawcett's action in resisting sending Hauptmann to NJ by filing a petition would not be the chief basis of a claim of ineffective assistance, although it might add "make weight" evidence to the... more
            • Fawcett's FilesAnonymous, Tue Mar 28 17:03
              "It took a lawsuit and a court order (to get Fawcett's Files). The trial was already in progress when the NJ defense got the file." It is hard to fathom the actual forensic value of Fawcett's Files... more
              • Fawcett's filesAnonymous, Tue Mar 28 22:25
                So, perhaps we disagree as to the value of the NJ defense having had the Bronx materials ahead of time. However, the State had the Bronx transcript of the testimony and the defense did not (until two ... more
                • Extradition etcAnonymous, Thu Mar 30 15:21
                  "Knowing what you know today, would you have waived extradition for Hauptmann?" This kind of question violates a variety of time-travel considerations. Parlor game machinations. I think we can agree... more
                  • Fawcett, extradition, illegal detainment, etcAnonymous, Sat Apr 1 09:55
                    You make many good points. Hauptmann would have faced serious charges had he remained in NY. The Sup CT of the US was really only beginning to look at the conduct of attorneys--the court that... more
    • Dekle-Dedman BookSue, Sun Mar 19 14:28
      I am interested in reading the Dekle-Dedman book. Maybe Steve Romeo will buy it, and then I'll borrow it from him. Thank you.
      • bookbob mills for sue, Sun Mar 19 18:33
        I'd like to borrow it after you, Sue....after Steve buys it, that is.
        • Re: bookSue for Bob, Sun Mar 19 18:54
          Steve can own it for the rest of his life after you and I are done reading it.
          • Re: booksteve for sue, Mon Mar 20 09:50
            you think I got millions
            • Re: bookSue for Steve, Mon Mar 20 12:43
              Not millions, but enough to buy the Dekle-Dedman book.
              • bookbob mills for sue and forum, Tue Mar 21 18:15
                I agree that Steve should pay. He's a rich man, and the rest of us are simply poor wastrels in search of a historical truth.
                • Re: bookSue for Bob, Tue Mar 21 20:43
                  Steve will get over it once he purchases the book. His cats will have to eat less for a few weeks.
                  • Re: booksteve for sue, Wed Mar 22 11:04
                    of course you know my main cat is named after violet sharp the cat is called sharpie
          • Re: bookJoe for Sue, Sun Mar 19 19:39
            .. but not until he loans it to me.
            • Re: bookSue for Joe, Sun Mar 19 20:20
              Then when your done return it to Steve with all the pages dog-eared.
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