The year was 1966. I tried my first federal criminal trial. I represented Willie Elker Fontaine, accused of conspiring with two accomplices to rob a Buffalo Savings and Loan. During the robbery, the manager, who lived in Williamsville, was shot and killed. This case was front page news. Willie of course denied being a co-conspirator.
Admitted in 1964 I learned on the fly trying insurance defense cases for two years. My “experience” taught me an important lesson: investigate; it can make all the difference.
The two other co-conspirators were locked up at the Holding Center. Neither had a lawyer. Why not question one or both?
I enlisted my friend, court reporter Jerry Romano to record any statements. Fortunately, we were allowed in; even luckier, one of the co-conspirators not only talked to us, he cleared Willie.
At trial, this witness testified. No surprise. He reversed course and blamed Willie, claiming it was all his idea. On cross-examination the recorded jail statement that he had previously given us changed all that. It was a “Woody Allen” moment. Agents descended on my friend Jerry Romano to verify he had transcribed the statement correctly but it went nowhere.
I’ve often said I won my first homicide case in the late 60’s and spent the next 50 years trying to duplicate the result.
