UNIVERSITY OF HOUSTON ENVIRONMENTAL PRACTICUM · environmental practicum april 17, 2017 david...
23
UNIVERSITY OF HOUSTON ENVIRONMENTAL PRACTICUM APRIL 17, 2017 DAVID GERGER QUINN EMANUEL URQUHART & SULLIVAN, LLP
Transcript of UNIVERSITY OF HOUSTON ENVIRONMENTAL PRACTICUM · environmental practicum april 17, 2017 david...
UNIVERSITY OF HOUSTON
ENVIRONMENTAL PRACTICUM
APRIL 17, 2017
DAVID GERGER
QUINN EMANUEL URQUHART & SULLIVAN, LLP
95%
NO
NO
NO NO
NO
NO NO
NO
NO
NO NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO NO
YES
5
7
TASK FORCE
USA V. BOB KALUZA & DON VIDRINE
•
•
10
• 11 men died; 22 counts of manslaughter
• 11 counts Involuntary Manslaughter (18 U.S.C. §1112)
applies to all persons but requires “reckless disregard
for human life”
• 11 counts Seaman’s Manslaughter (18 U.S.C. §1115)
applies to specific persons but requires only
“ordinary negligence”
USA V. KALUZA & VIDRINE
11
• “Cpt, Pilot, Engineer, or other person employed”
• Moved to dismiss on ejusdem generis:
general words following specific words mean to include
objects similar to the preceding specific words
• District Court dismissed and Fifth Circuit affirmed.
That left 11 counts of Involuntary Manslaughter
and 1 Clean Water Act misdemeanor
SEAMAN’S MANSLAUGHTER
12
• Involuntary Manslaughter (§1112) requires “reckless
disregard for human life”
• We asked new DOJ Fraud Section Chief and trial prosecutors to reconsider/reinvesitgate
• DOJ did … &
• dismissed these manslaughter charges
PROSECUTORIAL DISCRETION
13
• “Negligent” water pollution is a misdemeanor
• Don Vidrine pled guilty for probation
• Bob Kaluza went to trial in February 2016
USA V. KALUZA: TRIAL ON CWA COUNT
“KEY POINTS” DURING TRIAL
1. WE GOT INDIVIDUAL VOIR DIRE
2. THE BLESSING (A ROADMAP) AND THE CURSE (BIAS) OF
EARLIER CIVIL REPORTS/LITIGATION
3. LITIGATION OVER WHETHER EMAILS ARE BUSINESS RECORDS:
THEY AREN’T NECESSARILY
“KEY POINTS” DURING TRIAL CONT.
5. CO-DEFENDANT VIDRINE PLED GUILTY TO TESTIFY “AGAINST” US
BUT ALSO HELPED US: ON CROSS, WE MOVED TO EXCLUDE HIS
PLEA/DEAL & TRIED TO PUT THE JURY BACK IN TIME TO BEING ON THE
RIG THAT NIGHT.
6. OUR CLIENT DID NOT TESTIFY “LIVE” – BUT HE DID BY RECORDED
STMT TO USCG
Defense Demonstrative
“If the well doesn’t flow …
It’s not gonna blow.”
VERDICT?
SLOW
DOWN
"You've looked through Dr. Evans'
charts?"
(yes)
“And he always recorded the
patients' prior injuries and medical
problems, didn't he?"
(Yes)
"You've looked through Dr. Evans'
charts?"
(yes)
“And he always recorded the
patients' prior injuries and medical
problems, didn't he?"
(Yes)
23
31st Annual National Institute on White Collar
Crime
Miami, FL
March 8, 2017 David Gerger
Defendants lose in the film Deepwater Horizon
