Civil Litigation Section Retreat - Omni Bedford Springs Resort
By Kathleen Yurchak & Katherine V. Oliver
During its 200-year history, the Omni Bedford Springs Resort has hosted presidents James K. Polk, William Taft and Dwight D. Eisenhower; not to mention author Nathaniel Hawthorne, car manufacturer Henry Ford and at least nine supreme court justices. Takeing part in a bit of history themselves, over 43 lawyers and their families attended the annual retreat hosted by the Pennsylvania Bar Association's Civil Litigation Section on May 1, 2009, at the Omni Bedford Springs Resort located in the Allegheny Mountains in Bedford County. The historical ambience of the resort combined perfectly with a fascinating period-piece seminar masterfully presented by the members of the Civil Litigation Section.
The Resort, sections of which date back to 1806, reopened two years ago after extensive renovations. Located on more than 2,200 scenic acres, it is easy to see why past U.S. presidents were drawn to the place as their summer White House. Participants in the Annual Retreat were able to enjoy over 25 miles of hiking and biking trails, a heated spring-fed indoor pool, first-class spa amenities, tennis courts, and a restored 18-hole golf course, on of the first to be built in America. In addition to the excellent facilities, participants were able to stroll around and enjoy the past recreated as Bedford Springs wears its history proundly. Above the front desk, there is a vintage 39-star American flag. The Crystal Dining Room includes the Daniel Webster Room, named for one of the Resort's celebrated guests and the 1796 Room features fine dining in a recreated 18th century ambience. The Frontier Tavern, which appeared to be extremely popular with the attendees, in the past served as a stage coach stopover for travelers.
In keeping with the historical theme, the CLE program presented by the Civil Litigation Section was titled, "A Retrial of the Lindbergh case from Voir Dire to Verdict." This fabulous program was set against the backdrop of the 1935 trial of Bruno Richard Hauptmann for the kidnapping and murder of the Lindbergh baby. Masterful performances were delivered by a cast comprised of Section counsel members, who brought to life the sad story of Charles Lindbergh's baby, kidnapped and murdered at the height of America's love affair with its aviator hero.
Puliter Prize winner A. Scott Berg helped set the stage on Friday evening following a cocktail reception and fabulous dinner at the Resort. Mr. Berg shared the captivating life story of Charles Lindbergh through inside details and actual film footage that brought to life this historic hero, the tragic events surrounding his son's kidnapping and death, and the investigation leading to the trial of Bruno Hauptmann.
Throughout the weekend, attendees watched and participated as prosecutor David Wilenz (portrayed by Malcolm L. Macgregor) and defense counsel Edward Reilly (portrayed by Janis L. Wilson) demonstrated various trial techniques, including selecting ajury in a high-profile case, presenting opening statements, examining and cross-examining witnesses, and offering closing arguments. Pennsylvania Supremem Court Justice J. Michael Eakin skillfully presided during the weekend trial, adding insightful commentary from the perspective of the bench over the course of the presentations.
Trial commenced on Friday afternoon with voir dire and selection of a jury from a pool made up of Retreat attendees. After delivery and opening statements, program presenters gave outstanding performances focused on the challenges confronted by trial lawyers just as much today as in the era of the 1935 Lindbergh trial, demonstrating techniques for examination of: the sympathetic witness, (Colonel Charles Lindbergh, portrayed by Sean Sullivan); the problematic witness (Col. H. Norman Schwarzkopf Sr., portrayed by Stan Parker); the overly-eager witness (Dr. John condon, portrayed by Marvin Wilenzik); and the accused (Bruno Richard Hauptmann, portrayed by Gary Shapira). The program also highlighted techniques for examination of expert witnesses through a special appearance by expert witness Michele Dresbold, who has been referred to as the "Sherlock Holmes of handwriting analysis." Having been trained in the United States Secret Service's Advance Document Examniation training program, Ms. Dresbold is considered one of the top experts nationwide on the subject of handwriting analysis. Ms. Dresbold gave outstanding performances for both the prosecution and the defense, (dominating different colored hats, of course), testifying first as the prosecution's expert regarding the ransom notes allegedly sent by Hauptmann, and then reappearing for the defense. In the testimony elicited for each side of the case, Ms. Dresbold testified in an incredibly persuasive and honest manner, providing scientific analysis that served as the underpinning of each case, and highlighting the factors of emphasis and perspective that are so fundamental to effective trial pracitve. ms. Dresbold's integrity while offering testimony on behalf of both the prosecution and the defense left the audience guessing as to what her verdict would have been until the very end of the program, when Ms. Dresbold shared facts, information, and analysis that were perhaps unappreciated even at the time of the Lindbergh trial.
Compelling closing arguments were presented by both attorneys. At the end of the day, and after presentation of evidence and argument for both sides, the audience observed deliberations by the jury and the thought process leading to the history-defying verdict - NOT GUILTY!