Saving the worst from death
Judy Clarke's resume of high profile cases include offenders of some of the nation's worst crimes. She's spared all but one from the death penalty.
• Dzhokar Tsarnaev: Tsarnaev was convicted in the 2013 bombings at the Boston Marathon that killed four people and injured more than 280 others. He was sentenced to death in 2015 and the case remains under appeal.
• Jared Lee Loughner: Loughner shot and severely injured former Congresswoman Gabrielle Giffords in 2011 in Arizona. Six other people were killed and 12 were injured in the shooting. Loughner pleaded guilty and is serving life in prison.
• Zacarias Moussaoui: Zacarias Moussaoui, who was defended by Judy Clarke, was convicted of helping mastermind the September 11 attacks. He faced the death penalty, but was sentenced to life in prison without the possibility of parole in 2006.
• Buford Furrow: Furrow was the gunman in a 1999 mass shooting at a Jewish community center in Los Angeles. Furrow pleaded guilty and is serving life in prison.
• Theodore Kaczynski: Popularly known as the Unabomber, Kaczynski carried out a series of bombings between 1978 and 1995 that killed three people and presented the FBI with one of the longest manhunts in its history. Kaczynski ultimately pleaded guilty to the crimes in 1998 and is serving life in prison.
• Eric Rudolph: Rudolph was behind the 1996 bombings in Atlanta during the Olympics and in attacks at an abortion clinic and a gay nightclub. Ruldolph pleaded guilty and is serving life in prison.
• Susan Smith: In 1995, Smith was convicted of killing her two sons in South Carolina. Smith was spared a death sentence and is serving life in prison.
Some have called Judy Clarke the “attorney for the damned.”
Among her clients: Ted Kaczynski, the Unabomber; Dzhokhar Tsarnaev, the Boston Marathon bomber; and 9/11 conspirator Zacarias Moussaoui.
Now, she’s representing Robert Bowers, accused Tree of Life gunman.
Clarke, a federal public defender, has defended many of the most notorious names in their efforts to avoid the death penalty. She has won in all but one — if life in federal prison is what’s considered winning.
“The part that is not reflected on her resume is the human dimension,” said longtime friend Laurie Levenson, a professor at Loyola Law School in Los Angeles. “It’s how much effort she puts into gaining the trust of her clients, learning about her client as a person, relating to the extent she can to her client’s situation.”
She tries to find the humanity in those who commit inhumane acts, Levenson said.
“She represents the person that everybody else hates,” she said.
Clarke was ordered appointed to Bowers’ defense team late last month after Bowers, 46, requested the counsel of a federal public defender specializing in death penalty cases.
Bowers faces a 44-count federal indictment in connection with the Oct. 27 killing of 11 worshippers in Squirrel Hill’s Tree of Life synagogue, which housed three congregations. Thirty-two of the charges against him could carry the death penalty.
At a conference in Los Angeles in 2013, Clarke spoke of how she became intimately familiar with the death penalty when she represented Susan Smith, the South Carolina woman who in 1994 drowned her two sons, 3-year-old Michael and 14-month-old Alexander.
In her speech, Clarke said she was “sucked into the black hole, the vortex” of capital cases.
“I got a dose of understanding of human behavior, and I learned what the death penalty does to us,” she said. “I don’t think it’s a secret that I oppose the death penalty.”
With Clarke as counsel, Smith avoided the death penalty and is serving life in prison.
She has succeeded in all but one of her worst-of-the-worst cases: Tsarnaev, the convicted Boston Marathon bomber, was sentenced by a federal jury to death in May 2015. The case remains under appeal.
William Weinreb of Boston was the prosecutor on that case. He said Clarke is known for her dedication to getting to know her clients — to humanize them and spare them the death penalty.
“Her main successes have been to persuade the government to accept a plea to drop the death penalty,” said Weinreb, now a Boston-based attorney with the law firm Quinn Emanuel. “I don’t think she has taken too many cases to trial.”
Though the prosecution in the Boston case essentially won, securing a conviction and death sentence for Tsarnaev, Weinreb said there are no winners or losers.
“I don’t think anybody celebrates or cheers at the prospect of having to put somebody to death for a crime,” he said. “The prospect of the death penalty can never repair the harm to the victims or their families.”
What makes her successful, friends and colleagues have said, is an ability to connect with her clients and, in turn, show a jury their humanity.
“During a time when the world was focused on my brother as a monster, she was able to see him as a human being and provide him with that kind of human contact and emotional support at a time when he had very little sympathy from anyone,” said David Kaczynski, who made the difficult decision to turn in his older brother after he suspected him in a series of bombings that killed three people and injured 23 others between 1978 and 1995.
Robert Cleary prosecuted Ted Kaczynski and said he got to know Clarke well during the course of the trial.
“It’s fair to say Mr. Bowers is going to be getting the very best representation possible,” said Cleary, now a New York-based attorney for the law firm Proskauer Rose. “Judy is an incredibly gifted lawyer — smart, dedicated and relentless in her preparation.”
Clarke shies away from attention — she actively dislikes it, Levenson said of her friend, whom she met during the Kaczynski trial when she was a CBS legal commentator. She said Clarke is more comfortable visiting her clients in maximum security prisons than she is in the spotlight.
The next in-person status conference in Bowers’ case is March 19.
“It’s not a job. I don’t even think it’s a career,” Levenson said. “This is the way she can contribute to make society better.
“I don’t think it’s about status,” she continued. “It’s certainly not about money. I think she feels that she has a calling to make sure that there’s justice even in the toughest cases.”
The Associated Press contributed to this report. Megan Guza and Tom Davidson are Tribune-Review staff writers. You can contact Megan at 412-380-8519, email@example.com or via Twitter @meganguzaTrib. You can contact Tom at 724-226-4715, firstname.lastname@example.org or via Twitter @TribDavidson.
Megan Guza is a Tribune-Review staff writer. You can contact Megan at 412-380-8519, email@example.com or via Twitter .
Robert Bowers, accused of killing 11 people inside the Tree of Life Congregation in Squirrel Hill, appeared in a wheelchair Monday, Oct. 29, 2018, at his first court hearing at the federal courthouse in Pittsburgh’s Downtown .
FILE - This Friday, April 26, 2013 file photo shows Judy Clarke, a defense lawyer whose high-profile clients include "Unabomber" Ted Kaczynski, Olympic bomber Eric Rudolph, and Tucson shooter Jared Lee Loughner, listening during an event in Los Angeles. Clarke is joining the team representing the suspect in the Boston Marathon bombings. The appointment of Clarke, based in San Diego, Calif., was approved Monday by U.S. Magistrate Judge Marianne Bowler. (AP Photo/Reed Saxon, File)
Judy Clarke, the lawyer representing shooting suspect Jared Lee Loughner, walks towards a federal court building Wednesday, June 29, 2011, in San Diego. Defense attorneys were set to argue Wednesday that prison officials should be prevented from forcibly giving the Tucson shooting rampage suspect anti-psychotic drugs. (AP Photo/Gregory Bull)