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11/10/02 WKMG Investigates 3/1/03 WKMG New Evidence 4/1/03 More WKMG
by Judge W Dennis Duggan, JFC
reprinted from The Albany County Bar Association Newsletter 01/04
Hauptmann's Final Appeal
June 20, 1935, Argued; July 15, 1935, Submitted on Supplemental Briefs
October 9, 1935, Decide
Edward J. Reilly, head of the Defense Team, did not spend more than 40 minutes speaking with his client. C. Lloyd Fisher, Frederick A. Pope, and Egbert Rosecrans were the other members that made up Hauptmann's defense. Fisher was well-liked and trusted by Hauptmann, much more than Reilly since he spent many hours speaking with Hauptmann. Fisher even made sure Anna and Bubi were safe.
During the trial, Attorney General David Wilentz had an employee of St. Michael's Orphanage called to the stand. He wanted to prove that the body found was the Lindbergh baby and not one from the orphanage. Reilly stood up and said, "There is no dispute."
He agreed that the baby was the Lindbergh baby. Fisher yelled, "You are conceding Hauptmann to the electric chair!" He then stormed out of the courtroom.
Later, Reilly demanded payment from Hauptmann, although he was paid by newspaper owner, Randolph Hearst. The Hauptmanns had no money. Fisher was leading a Defense Fund for an appeal. Reilly was fired by the Hauptmanns after demanding $25,000 and he later tried to sue the Hauptmanns. He was not paid, though.
Reilly entered a mental institution, suffering from syphilis, not long after the trial. He was a known alcoholic who drank martinis during his lunch breaks at the Flemington courthouse.
He was known, by this time in his career as Death House Reilly. Today, he would certainly be sued for malpractice and have had his license revoked.
Will Lindbergh Save Hauptmann?
Liberty Magazine October 1935 (PDF Adobe)
Profiles For the Defence
Jan 12, 1935
New Yorker Magazine Profile of Ed Reilly (4 pages in pdf format)
by Milton MacKaye
LKH Forum Postings
NJ prosecutor obviously did not have an "open file" policy
Fri Feb 22 2002
The prosecutorial abuses that you mention are surely troubling; this was long before Brady v. Maryland REQUIRED prosecutors to turn over any exculpatory evidence to the defense. Isn't it amazing that it took until 1963 for the U.S. Supreme Court to hold that the U.S. Constitution imposed this duty on prosecutors?
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