the case of the buried bodies: legal ethics and what it means to be a lawyer

What is a Buried Bodies Case?

What happened over the next hours led to a case that generated a national debate about confidentiality between an attorney and client. Commonly referred to as the “Buried Bodies Case,” it is an essential part of law school curriculum that addresses legal ethics and professional responsibility.

Is death and substantial bodily injury a duty of confidentiality?

That duty is set forth in Rule 1.6 of the ABA’s Model Rules of Professional Conduct. It is believed that the case was a contributing factor to the inclusion of “death and substantial bodily injury” as an exception to the duty of confidentiality under Rule 1.6.

What was the ethics complaint filed with the New York State Bar?

Belge, 372 N.Y.S.2d 798 (1975). The family of one of the victims filed an ethics complaint against the lawyers with the state bar.

What is the case of the "Buried Bodies"?

Commonly referred to as the “Buried Bodies Case,” it is an essential part of law school curriculum that addresses legal ethics and professional responsibility.

What was the dilemma of Garrow's lawyers?

Garrow’s lawyers were faced with the dilemma of upholding their ethical duty to preserve information told them by their client. They had information that would enable the families of the slain girls to know for certain the fate of their daughters and to properly bury the bodies. Armani also came to the painful realization that he was acquainted with the father of one of the victims and that she had been the classmate of Armani’s daughter.

Who was the lawyer that killed Domblewski?

Robert Francis Garrow attacked the four campers in July 1973, stabbing Philip Domblewski to death while the other three escaped and summoned help. After a massive 12-day manhunt, Garrow was captured. Immediately after his arrest, Garrow requested that Frank Armani, a general practice lawyer in Syracuse, New York, who had represented Garrow in previous minor matters, represent him in the pending murder charge. The court named Armani and Francis Belge, another local lawyer, as Garrow’s appointed counsel.

Did Armani question the oath of office?

Armani never questioned the duty imposed by the oath of the office he held to “keep inviolate the secrets of our clients.” He believed the dilemma to be “a question of which is the higher moral good at the moment … the question of the Constitution, the question of even a [expletive] like [Garrow] having a proper defense, having adequate representation, being able to trust his lawyer as to what he says.” Id.

Did Armani confess to Garrow?

Armani and Belge told no one of Garrow’s confession. The female victims were considered missing persons and police suspected Garrow of murdering them. Petz’s distraught father confronted Armani at his office, asking whether Armani had any information about his daughter. As a result of this incident, Armani refused multiple attempts by Hauck’s father to meet with him.

Why would the lawyers assist Bennette in moving or disposing the body?

Well, had the lawyers assisted Bennette in moving or disposing the body, that would be unlawful, because they (the lawyers) would be hindering the government above and beyond what the defendant himself did.

Why is it important to have a criminal defense lawyer?

It's important that criminal defense lawyers provide zealous advocacy, because we punish those convicted of serious felonies quite harshly. To be sure, I don't mean to suggest that the harsh sentences are never justified. I do mean to say that, given how harsh prison can be, we as a society should be as reasonably sure as we can that we are punishing the right people. Mistakes may be inevitable, but if, at the end of the day, a convicted defendant was ably represented by lawyers whose onlyfocus was defending their client, we can feel better that we minimized the chances of wrongly convicting someone.

How does a defense lawyer fulfill their role?

How then does the defense attorney fulfill their role? By shifting the focus away from actual guilt and to the question of legal guilt. The basic premise of criminal law in the U.S. is that the accused must be proved guilty beyond a reasonable doubt. The defense lawyer must vigorously force the prosecution to meet this high standard and point out to the jury where it has not been met.

What is the right to a fair trial?

The right of anyone accused in a court of criminal law to a fair trial is vital for a civil society. This right is enshrined in Article 10 of the Universal Declaration of Human Rights, as well the Sixth Amendment to the U.S. Constitution. But the actual implementation of the right to a fair trial can be messy and certainly controversial. For example, where does defending a client that one knows to be guilty fit in the ethical obligations of a defense attorney?

Do you want to see innocent people sent to prison?

Everyone wants to see justice come to those who are victimized by terrible crimes, and no one wants to see innocent people sent to prison. The way to find that right balance of convicting the guilty—and only the guilty—comes with defense lawyers fulfilling their basic obligation to defend their client with all the resources and energy they can muster.

Do defense lawyers have to put their feelings aside?

This means defense lawyers must put their personal feelings aside. Most willingly embrace this challenge. A survey by the American Bar Association showed that more than three-quarters of attorneys “prefer to make decisions based on detached objectivity rather than taking into account personal feelings or values.”

Can a lawyer tell a jury that their client is innocent?

The lawyer must still conduct a zealous and wholehearted defense in accord with everything noted above. However, they may not lie. The lawyer can’t tell the jury, “My client is innocent,” and they may not say anything to that effect when questioning witnesses.

What is the buried bodies case?

Among legal ethicists, few situations have received as much attention as the “buried bodies case,” a disquieting story in which the specter of a serial killer’s crimes lingered even after his conviction. The murderer in question had told his attorney—in confidence—where his victims’ bodies were located. When pressed to disclose this information, however, the lawyer refused (citing his ethical duty to maintain confidentiality). The case hinged on the concept of attorney-client privilege: the stance that no matter what a client discloses privately, with only a few narrow exceptions, the attorney may not turn on their client and breach confidence.

What is the core principle of the legal system?

To begin with, a core principle of the legal field is the position that proper procedures are inextricably bound up with the pursuit of justice. While many people find it incredibly frustrating when these procedural rules seem to defy common sense, more often than not they reflect William Blackstone’s old adage that it is better for ten guilty men to walk free than for an innocent man to suffer unjustly. This axiom undergirds the entire structure of the American legal system and touches, in one way or another, all participants within that system.

What is the vocation of a detective?

By contrast, a police detective’s vocation may be to use all his faculties to serve his neighbor through rigorous investigation to the fullest extent allowed by the law. The detective may gather evidence to ensure that a given lawyer’s client is sent to prison for decades, and he is certainly not acting immorally in doing so. In a world where no human is infallible or omniscient, life demands a balance—or tension—between extremes: both the lawyer and the detective may be acting in accordance with their vocations. Both are serving their neighbors by playing their distinct roles with excellence, even though they appear to be working at cross-purposes. Both are ultimately oriented toward achieving justice in the broader sense, even if they find themselves on opposite sides of a given lawsuit.

Why did the lawyers in question resign from the bar?

Similarly, the lawyers in question could have resigned from the bar and spoken up if their consciences did not allow them to maintain their professional obligations – in the same way that a police officer in a high-crime area might relinquish their gun and badge if they realized they were unable to take the lives of other human beings under any circumstance.

How to do justice?

The appropriate way to do justice is not to victimize (or risk victimizing) more innocent people, but instead to follow the rules for investigation to which everyone has previously agreed. This general framework also applies to the professional ethics context. For instance, compromising attorney-client privilege would mean that an innocent client’s embarrassing admissions to his attorney—whether or not they are relevant to the matter at hand—could be dragged out into court. Among other problems, this would leave untrained individuals vulnerable to aggressive smear tactics. When one begins to compromise the integrity of one’s promises, the slope is slippery indeed…and the consequences can be far-reaching.

Where are the bodies of Susan and Alicia buried?

Garrow told Armani and Belge where the bodies were buried. They searched for and found Alicia’s in a cemetery, Susan’s in a mine shaft. Belge took photographs of them, and moved Susan’s skull several feet to place it near the rest of her remains. They did not report their discovery to the police.

What did Armani feel when he learned that Garrow was dead?

At the ABA conference, Armani was asked how he felt when he learned that Garrow was dead. “It was one great relief,” he responded. “Terrible, but that’s my honest answer. It was a relief. I’m no hero.”

What did Garrow say to Dorina?

Garrow turned and looked at her and said, “Nice to see you again, Dorina.” Since Garrow had never met Dorina, it suddenly became chillingly apparent that he might have been stalking her.

Who killed Susan Petz?

Garrow was convicted of Philip Domblewski’s murder. He was sentenced to 35 years to life in prison. It became apparent that for more than six months Armani and Belge had kept to themselves their knowledge of the deaths of Alicia Hauck and Susan Petz.

Who defended their actions at a press conference?

Armani and Belge defended their actions at a press conference. The parents of the victims and the community in which they practised were furious with them. Friends and colleagues deserted them. Their practices dried up.

Did Armani help the police find Garrow?

Garrow escaped from prison. At that point Armani assisted the police to find him by providing information he had acquired from Garrow, originally at least, in confidence. At the ABA conference Armani explained why, after maintaining his client’s secrets under such extraordinary pressure, he ultimately divulged this one.

Did Armani tell his parents where his daughter was buried?

Armani did not tell the distraught parent sitting across from him where his daughter was buried, or even that she was dead.

Why did Belge move the bodies?

He admitted moving the remains to get a better picture and was charged with failing to report a dead body, then failing to provide it with a decent burial.

Who was the lawyer that defended Robert Garrow?

It was the summer of 1973. Armani and another lawyer, Francis Belge, had just been appointed to represent Robert Garrow for the murder of Philip Domblewski, an 18-year-old college student who was camping in the Adirondacks with three friends when Garrow attacked them and tied them all to trees.

What happened to Armani in People v. Belge?

On the day the grand jury announced its decision, Armani suffered a heart attack. (Charges against Belge were dismissed in 1975 by the trial court judge, who lauded Belge for the zeal with which he had protected his client’s rights. People v. Belge, 372 N.Y.S.2d 798.)

Who is the lawyer who likened Armani to Atticus Finch?

Law professor Lisa G. Lerman, who got to know Armani while researching his case for a textbook she co-authored in 2005, likens him to Atticus Finch, the noble small-town lawyer who takes on an unpopular client in the novel To Kill a Mockingbird.

Did the lawyers reveal the bodies of the two victims?

DEEP SECRETS. The lawyers told nobody about their client’s confession; nor did they reveal that they had located the bodies of his two missing victims —even after the father of one of the victims begged them for information about the fate of his missing daughter.

Is the Armani case still taught?

Experts say the case offers a particularly stark, compelling example of one of the most difficult ethical dilemmas to confront a lawyer. The case is still taught widely in law schools, and it has been discussed and dissected in countless law review articles, books and court opinions. The case was even the subject of a book titled Privileged Information (co-written by Armani) and the basis for the 1987 feature film Sworn to Silence.

Did Armani say there was an ethics code?

Armani said at the CPR program that in 1973 he wasn’t even aware there was a written ethics code for New York lawyers. His guide was the oath he had taken when he was sworn in as a lawyer in 1956. He had promised, he said, to “maintain the confidence and preserve inviolate” the secrets of his client.