Transcription
I will not be proud of this biography. It will be no cause of pride, nor will it be the absolute truth. I cannot remember, or desire to remember, that well. Also, being only a human being, I will try, though I know I cannot, to justify myself through this outline.
[Music]
Hey, so, so hey honey, smell there. I better get him up. Well, break in at the pool room. You better meet me. Hey, come here. Yes, sir. You know anything about this? You know Clarence Earl Gideon? Yeah. Well, I've seen him come out of there with a pint of wine and make a phone call over to the corner there and wait till a taxi picked him up. How long ago was this? Not long, about 5:30. Four pieces of wine, four bottles Coca-Cola, twelve cans of beer. How much money would you say he's gone? Maybe five dollars from the cigarette machine, juke, all the nickels, dimes, and quarters. You want to see me, Mr. Cobb? Does you want to see me, Mr. Kai? Yeah. You picked up anybody around here last night about 5:30 a.m.? Yes, sir. Who would that be? Clients are all giddy. Where'd you leave him off? What's the matter? He said if anybody asked, I hadn't seen him. Where'd you leave him off? Parents, I gotta take you in in connection with this pool room thing. Little poor room thing. Pay hub, you can bust and help yourself to the silver and the jig box and the cigarette machine. Oh, sir, not me. I don't know what you're talking about. You uh got anything in your pockets? Come on, come on, empty mouth, let me see.
[Music]
State of Florida, plaintiff versus Clarence Earl Gideon, defendant. What says the state? You ready to go to trial on this case? State is ready, your Honor. Since ready, I'm not right by Anchoveretti. I don't have a lawyer. Why not? Didn't you know your case was set for trial today, sir? I knew. Why then did you not secure counsel, be prepared to go to trial? I don't have the money. I don't have any money. I want you to appoint somebody it'll represent you. Come close up, Mr. Giddy and I, I can't understand you. I, I don't know what you said. The reporter didn't understand you either. Come on now, tell us what you said again so we can understand you, please. I said I want you to appoint a lawyer to represent me in this trial. Mr. Kitty and I am sorry, but I cannot point counsel to represent you in this case under the laws of the State of Florida. The only time the court can appoint council to represent a defendant is when that person has been charged with a capital offense. I'm entitled to a lawyer. Let the record show that the defendant asked the court to appoint counsel to represent him in the trial. The court denied the request. Inform the defendant at the only time the court could appoint council to represent a defendant was in cases where the defendant was charged with a capital offense. Now uh, I asked the jury if you will give Mr. Gideon here the same fair trial and consideration since he is not represented by council that you would if he were represented. Now Mr. Gideon, going back to seek, you can make your opening statement. Mr. House, the state will prove that on June 3rd, 1961, Clarence Earl Gideon did unlawfully and feloniously break and enter the building of another, two with the Bay Hall pool room, with intent to commit a misdemeanor inside said building, to wit, petty larceny. The state will prove this beyond a reasonable doubt through the testimony of eyewitnesses. Uh, Mr. Gideon, you can address the jury now. Just to, just walk right, right around here where, where you can see them now. Tell them what you expect the evidence to show in your favor. Yeah, talk loud enough under here. I didn't do it. Yeah, evidence for sure that absolutely nothing to do with it. Again, please, Mr. Harris. The state calls Lester Wade. Bless the way. State your name and address, please. Leicester Wade, 108 East Avenue, Panama City, Florida. Mr. Wade, where were you at 5:30 in the morning this past June 3rd? Standing outside the Bay Harbor pool room. Tell us what you observed. Well, I seen Clarence Earl Gideon inside the pool room. Do you see him now? Yes, sir. I'll point him out to the court. Please let the record show he indicated the defendant. What else did you see? Well, I watched him inside the pool room through a window for a few minutes, then I seen him come out with a pint of wine in his hand and make a phone call at the corner and then get in a taxi that he called. Well, what did you do then? Well, then I went back to the pool room and seen they've been busted into. Specifically what did you see? The front was the front was pried off the cigarette machine and it's corn boxes lying empty on a pool table. Your witness, Mr. Wade. What are you doing outside the pool room 5:30 in the morning? I just come back from a dance down Apalachicola. I stayed out all night. You ever been arrested? Objection, stained. Well, can I ask him, don't ever being arrested? You can ask him if he's ever been convicted of a felony. Never been convicted of a felony. No, sir. You know positively that I was carrying a pint of wine? Yes, sir. I know you was. How do you know? Because I've seen it in your hand. Do you have any more questions of the witness, Mr. Gideon? I guess not. Witness may step down. I'm Mr. Getting, you go back to your seat now. Mr. Stafford, you operate the Bay Hob a pool room? Yes, sir. Tell us what you know of the events of the early morning of June 3rd, 1961, at the pool room. Well, I closed up the pool room about midnight, locked all the doors and windows, and when I got back there next morning 7 a.m., deputy sheriff was there. Somebody smashed the window and broken into cigarette machine and jukebox and taking all the money. Anything else missing besides the money? A small amount of beer in some way. You're witnessing. My name is Leo Stafford. That's right. You operate the Bay Harbor pool room. That's right. Describe it. It's a pool room. It's got pool tables. It's also a bar. Describe the bar part of it. It's a long bar down in the middle of the room. It's just a bar. Um, you can be excused. Step down for me. The state has no more witnesses. You're on, Mr. Gideon. Do you have any witnesses you wish to call? My landlady, said in the curse. Tell truth, hold truth, nothing but the truth of God. Miss Curtis, you own the Bay Harbor Hotel across from the pool room and I live there, don't I? Yes, you do. When I want to make a telephone call at night, do I use a telephone hotel or do I go? You go across the street to the public phone so you won't disturb others. You're very considerate. Thank you. During the time I lived at the hotel, you ever know uh me being drunk? No. Never see me drunk. No. Ever hear me getting drunk? Thank you, Miss Curtis. I appreciate your testimony. That's all I have. No question to this quickly. Do you have any more witnesses, Mr. Gideon? Not right now. This is your only chance. If you want to call any more witnesses, you have to call them now. If not, it's time for the final arguments to the jewelry meet Mr. Gideon. The prosecution sums up first. Gentlemen of the jury, you've heard from eyewitnesses that the pool room was broken into sometime the early morning hours of June 3rd, that the defendant, Mr. Gideon, was seen inside alone at that time. He was seen coming out with a bottle of wine in his hand, and then he called the taxi which took him away from the scene of his crime. I think you'll all agree that the state has proved its case beyond a reasonable doubt. Now Mr. Gideon. Gentlemen, the jury, you've heard witnesses from both sides. This trial had a chance to listen to him, and I want to say to you right now, I didn't do what they said I did. I also want to remind you the law says I'm innocent until proven guilty. The law is absolutely clear on that point. That's all. Thank you very much. In order to find the defendant guilty, you must determine that the crime was committed in Bay County within the last two years and by Mr. Gideon. You may all go out and start deliberating now. What do you think? It's hard to say. Good luck.
[Music]
[Applause]
Uh, quite a fair trial. The biggest railroad I've announced is at Chesapeake and Ohio. You sounded very sincere. That's important. I believed you, and I bet the jury did too. I should have had a lawyer. I asked him for one. At least asked you the right questions. I thought you did. Yeah, to show him I'm no bum. I wouldn't, I'd break in someplace, just steal some wine and beer, and even knowing me as long as you have, never seen me drunk. Yeah, maybe it helps. I don't know. Sure, they all saw that Lord had done it better. I was picked up this other time, you know, a couple years ago before I moved into the hotel for something I didn't do. Wouldn't give me a lawyer that time either. Get me in jail two months without a hearing. Two months. That's when me and my wife fell apart. It's like with the welfare, said the kids weren't being taken care of right, which would me in jail and her work in that place. How could they be? So they'd take them away, put them in foster homes. Nobody has to tell me I've been the best father in the world. But this time I could get six months a year. Even the jury's coming back so soon. Yeah, you'll have to move, man, and no one's allowed to sit here. All rise, and your verdict to the bailiff, please.
[Applause]
Then it will rise, Clarence Earl Gideon, the jury finds you guilty as charged. I have been given a report of your past history, Mr. Gideon. Says that you've been in prison four times before, three times for burglary, one time for possession of government property. Is that correct? Yes, sir. Do you have anything to say before the court passes sentence on you now, Clarence Zero Giddy? And I sentence you to be confined in the state penitentiary at Raiford for the maximum period prescribed by law for this offense, five years.
[Music]
[Applause]
[Music]
So you're now inmates of the Raiford State Prison. Some of you have been around before and you know what's expected of you. Some of you are here, you'll get your clothes processed, get your property checked, you'll get a haircut and you'll get deal. We expect you all to cooperate. That means no talking and following instructions. If a guard says move, you jump. If you talk to a guard, you say son, and you'll abide by all the regulations and rules of the Florida Division of Corrections. Put your clothes in one of those bags if you want to keep them in here. If you want to donate with the charity and you'll move through there and get photographed, fingerprinted, and take a shower, and no talking. I'm going to get to this. Hey, you, you're there. You blind? Ah, no. What, I'm deaf, not blind.
[Music]
And at the chair, they'll take you to the Stephen Guidance Center, run down where everything's at. Then a free man comes in, you'll be wearing a suit, a white shirt, maybe your eye cue it. What kind of job you want? When you want anything you know, keep you inside. You sure as hell don't want to farm out in the hot sun. What are you going to do? Garage. I'm a normal D electric mechanic, generators, batteries, things like that. You can always use a good mechanic. I can't do nothing like that. Then it's up to the yard where the old boys look over the fish. That's when you really gotta hold your mud together. I got 20 to 40 for armed robbery. How long are you? I don't know yet. You're in charge here. I want to see everything you got on what rights a man's got when he's on trial. Everything you must be in for 200 years. Right over there, second. Now can I take books out? Depends on how far you want to take them. One at a time. It's on here. You open after dinner only if someone asks me. I want to come back after dinner. Yeah, and I suppose I'm open 647-213. Hey, come on, come on. That's any rest of the smokes. No, I don't want anyone. Come on, I use either hand you want. Hey, what the hell are you doing? Hey, well, Charlie down to the library tells me you're trying to get your conviction overturned because they didn't give you no lawyer. You really think there's anything to that? No state shall deprive any person of life, liberty, or property without due process of law. That's the 14th Amendment to the Constitution of the United States of America. I asked them for a lawyer, they wouldn't give me one. Means I was deprived of my liberty, that due process of law. Would that be true for me too because I didn't have no lawyer either? I got screwed as soon as you did. Well, they have to do if you win. Well, they have to do, let you out. Hey, I got more reading through there, even if you did it. I didn't, Albert. Even if you did, I still entitled to lawyer. They can't put you in jail without they give you a fair trial. God almighty. How's it going? Okay, great.
[Music]
Hey, I have a cigarette. Come on here, put them in your pocket. How's your reading coming? If you've been the library today? Oh, yeah. You can go up later. I'll finish here. That's later on when you finish the library, maybe we can have a little talk about, about the trial. What'd you think? What? Hey, let's get out of here and let him do his work, huh? Would you give him three cents an hour for? Isn't it later?
[Music]
[Applause]
How's it going?
[Applause]
Three things they make you do first: petition of Florida court for writ of habeas corpus, then asked the United States Supreme Court to issue a writ of sir, and I got a son in affidavit saying I can't pay court costs, even a hundred dollars. That's um, in form a pauperous application, and the boys are getting their hopes up. Yeah, you know, I've seen plenty of petitions to the Supreme Court written in this room. I even written a couple myself, and him ever granted a couple of months in this place. They all think that you Moses come to lead him to the promised land. Well, maybe you are. You got a typewriter here? Nope. Rules say applications that the Supreme Court should be typewritten whenever possible. No, I don't think they'll hold it against you if you use a pencil. So Clarence, can I just look at it for a minute?
[Music]
Ken, ah, Mr. Chief just stopped understanding. I'll be ready for our walk in 15 minutes. All right with you. How's it going? Uh, Chief, do you have a minute? I have 15 minutes. Uh, petitions just come in from an indigent Florida prisoner who says that he asked the lower court to give him a lawyer at his trial and they wouldn't. Does he have any special circumstances? Is he illiterate? Competent? No, sir. Complex charges against him? No, sir. Breaking and entering with intent to commit petty larceny. Bets against Brady says he's out of luck unless he can show special circumstances or some disadvantages. We decided that 20 years ago. He's not claiming any special circumstances. He just says that under the constitution a poor man is flatly entitled to have a lawyer help in his defense. He's asking us to change our minds. Yes, sir. I seem to do that every 20 years or so. Tell the clerk of the court to write to the State of Florida, ask for a response that'll clarify the legal issues, fill in the factual background, and do up a memorandum for the justices, deal with this in conference just like any other petition of the search. Yes, sir. Thank you, sir. Thank you, Arthur. 13 minutes, much better.
[Music]
Now this morning we have two jurisdictional statements asking to hear appeals, 26 petitions for cert, 10 purpose applications, and three petitions for rehearing. So I'd like to get started. Should we begin with the Louisiana Freedom Rider case? I think we should. Not only grant the petition for review but we ought to reverse the convictions for lack of supporting evidence. Right now I agree. Six Negroes convicted of a breach of the peace for trying to desegregate a Shreveport bus terminal. The only thing they did wrong was to violate the custom of segregation, and that ground is constitutionally impermissible. Anyone else? I need to grant the petition for review. Now we need to reverse the conviction. Now Gideon versus Cochran. It's clear we're being asked here. Is it time to overturn Betts and Brady? Well, although I can't imagine that what I say will come as a great shock to anyone here, may I speak to this? I've never felt there wasn't a time to overturn that unhappy decision. I voted against Betts then. I'm glad I've lived long enough to have one more bite of the apple. Truth of the matter is, uh, I've never entertained even the slightest suspicion that this one time, at least, I was mistaken. The rule we lay down in Betts was that a lawyer is constitutionally required only if to be tried without one amounts to a denial of fundamental fairness. We said that flexibility should govern us. I felt then and I, I feel now that we need an absolute rule. Right counsel may not be deemed an essential to a fair trial in some countries, but it is in ours, and I think there's considerable danger formulating hard and fast rules which ignore qualifying factors and then imposing those rules on the states against their wishes. That's what we decided 20 years ago, and I think it is still a valid approach. Flexibility. Well, I think that I'm a flexible man in most respects, but not about the rights of an accused person. Well, I've got a basic difficulty with the question. Should we be preempting the prerogatives of Florida courts and especially their legislature? And if they believe that everyone is entitled to a lawyer and they'll pay for it, let them say so. And if they don't believe that or they don't choose to pay for it, what happens to Gideon? Who does he turn to for protection? I've read his petition. He seems of average intelligence. He could defend himself without a lawyer. Not adequately, but when is someone entitled to counsel? That as soon as he's arrested, when he's arraigned, when he goes on trial. But if we're going to talk about practical consequences, how many prisoners are there in this country right now who didn't have a lawyer? Too damn many. And if we're going to rule now that the Gideon trial was unfair, so was theirs. So what are we going to do about it? Order a new trial for every one of them? Uh, I'd like to bring this back to Mr. Gideon. The other side had a lawyer. Is it fair that he should not? Isn't that the question? All right. This was a very simple case, breaking and entering to commit pedilosity, and even a simple man, presuming Mr. Gideon is a simple man, something that may not be safe to presume at all, even a simple man can defend himself in a simple case, but is it fair? Is it fundamentally fair? Petty larceny. It may have been a petty sentence. It was not. These are all extremely important questions that can be decided if we hear the case. Is there any sense yet whether we ought to accept? Hey, Clarence. Hey, you got two letters from the Supreme Court. Two of them, Jimmy. I hear you. It's a meal for me, so ain't going to open them. Gideon versus Cochran, a motion for leave to proceed informa pauperos and the petition for writ of certuerai are granted. I assume you desire the court to appoint a competent attorney to represent you in this court. It will therefore be necessary for you to forward immediately a handwritten motion requesting the court to appoint counsel to represent you. What it means is they agreed to hear it. I still gotta win it. The question is very simple. I requested the court to appoint me an attorney and the court refused. Is that a simple question? Mrs. Lawrence, excuse me, Mr. Fortis. Mr. Gideon says the question is very simple. Does the Constitution entitle a poor man charged with crime to have a lawyer at his side? You mean it doesn't? No. But if you're asking me, Mr. Fortis, no question about the law is very simple, which is exactly why Gideon needed a lawyer in the first place. I haven't had a chance to congratulate you yet, sir. I'm being appointed to represent Gideon. Thank you, John. And I count on you to help prove that I'm worthy of it. Abel, organized the research and worked with me on the preparation of the brief. Jim, you'll do the research and John will help you until he has to go back to law school. I want memoranda on how state law on appointment of counsel has changed through the years. In factual terms, how many felony defendants go to trial without counsel? If the Constitution is now held to require counsel in all cases, what are the additional demands on lawyers? I want your ideas on what the shape of a suggested rule should be. Are we arguing that people charged with misdemeanors should have lawyers? Some of the justices are going to find that hard to buy. No, maybe we should just argue felony cases. The Supreme Court has asked me to argue whether everyone is entitled to a lawyer, but I don't represent everyone. I represent Clarence Earl Gideon. If I can get him out of prison on any grounds at all, if I can show that there were special circumstances that entitled him to counsel, insanity or incompetence or whatever. You can't tell from the written record, but maybe get in as a black man. I could argue that in the South of black doesn't have the same treatment as a white man. If I can get him out in any way at all, isn't my first duty to Gideon? Absolutely. There are a few things that Supreme Court justices like less than a lawyer who sets aside his clients' interests in his zeal to make some great change in the law. Would be an anti-climax if they were to free Gideon without laying down a new rule for right to counsel. But I'm going to find out if there were any special circumstances. Add this please to my letter to Gideon: As a matter of my own interest, I would be very glad to receive from you a careful and detailed biographical description, when and where you were born, education, employment, family, arrests, any information that may come to your mind. I want to emphasize that this is not at all necessary but will serve only to give me a little background. I know that you will be extremely careful to be absolutely accurate in any information you send along to me. My mother's very strict. My life as a child was of the strict discipline my parents lived by the best moral customs and were members of the Calvary Baptist Church, which I joined when I was around 13 years of age. My mother still to this day has done nothing that could be classed as wrong. Also my brother and sister of the best kind of character. I suppose I am what is called an individualist person who will not conform anyway. My parents were always quarreling, and I would be the scapegoat of those quarrels. The age of 14, I ran away from home. My mother found out where I was at, came and got me, had me placed in the jail in Hannibal, which I escaped from. It was extremely cold weather, and a short time later I burglarized a country store for some clothes which I was caught the next day by the store owner with all the clothes on. My mother asked the court to send me to the reformatory which they did for a term of three years. Well, the prisons I've been in, that was the worst. I still have scars on my body from the whippings I received there. Anyway, I was paroled after a year. I was at 16 years old. No, Gideon isn't black. He's not illiterate, and he certainly isn't insane. The judge was not only not prejudiced against him, he even tried to help Gideon defend himself. Didn't do a very good job, but then it wasn't his role to be counsel for the defense, which all makes this the perfect case with which to challenge the Betts decision. No special circumstances, just Gideon's entitled to be provided with a lawyer because he's charged with a crime, same way anyone in the country charged with the crime ought to be entitled to a lawyer, and that's how we'll argue the case. What I'd like to say to the justices is, let's not talk, let's go down there and watch one of these fellas try to defend himself.
[Music]
I'm sorry I could not write any better. I have done the best I could. I set it up.
All right, yes, maybe you wouldn't mind if I could speak to you sometime about my tribe. Sure. It happened a long time ago. I mean, I don't remember all the finer points today. At the worst, yeah, if I won my case, they have to let me out. What do you mean? Good day. Put me on trial for the same thing again, this time with a lawyer. I don't know what are you gonna do if you win?
Well, first, I may have to stand trial again, same charge, this time with a lawyer, and I can do that. I don't know, studying up on it now. Bastards. And I gotta fight welfare for my kids, and letter going to court try to take them away from me. Well, I got news for welfare, they got no idea who they're fooling around with. Yeah, heading in the home where I can take care of him or get myself a-- I wanna be a maintenance job somewhere, open up my own shop, just work on one car at a time. I was working for the State of Florida. Name's Jacob.
You know what I find interesting? In the ordinary criminal case, the state has all the advantages, but now in the Supreme Court, Gideon has Abe Fortis on his side, plus you, plus me. The State of Florida has a young assistant attorney general's probably never set foot in this room before. This once things evened out. Don't go feeling sorry for the son of a [ __ ] until we win.
The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. All persons having business before the Honorable, the Supreme Court of the United States are admonished to draw near and give their attention for the court is now sitting. God save the United States and this Honorable Court. Number 155, Clarence Earl Gideon, Petitioner versus H.G. Cochran Jr., Director, Division of Corrections, State of Florida. Counsel, the President, Mr. Torres.
Mr. Chief Justice, may it please the Court. This case presents a narrow question unencumbered by extraneous issues. Clarence Earl Gideon is supposed to have broken into the Bay Harbor pool room and stolen some wine, some cigarettes, and an unstated amount of money. He was arrested and put on trial. He asked the judge to appoint an attorney to defend him. The judge refused. Thereupon, Gideon did the best he could to defend himself. He was convicted, sent to the penitentiary for five years. The record does not indicate that Gideon was a person of low intelligence, nor that the judge was unfair to him. But to me, this case shows the basic difficulty of Betts versus Brady. It shows that no man, however intelligent, can adequately conduct his own defense. That's not the point, is it, Mr. Fortis?
In the Betts case, this Court did not go on the assumption that a man can do as well without an attorney as he can with one, did it? Everyone knows that isn't so. I entirely agree, Mr. Justice, with the point you are making, namely that a man cannot have a fair trial without a lawyer. But the Betts case held that this consideration was outweighed by the demands of federalism. In other words, the Betts case expressed the feeling that this Court had at the time that the State of Florida, or any state, should have the right to decide for itself for the defendants in their courts should be entitled to counsel. The Supreme Court, the United States should not impose that requirement upon them.
But, Mr. Justice, this Court has held many times that when there are special circumstances, a defendant is entitled to counsel in the state courts. I have now read all the cases on right to counsel questions, beginning with the famous case of the Scottsboro Boys in 1932, and it is a fascinating inquiry. As I read the opinions of this Court, I hope I may be forgiven for saying that my heart was full of compassion for the judges having to review those records, look for special circumstances which might entitle a defendant to counsel. Such case-by-case supervision of the state courts by the Supreme Court cannot be wholesome. Intervention should be in the least abrasive, least corrosive way possible. Of course, this uh, special circumstance approach is wrong. How can a trial judge, when a man is arraigned, look at him and say there are special circumstances? Does the judge say, "You look stupid," or "Your case involves complicated facts"? It is administratively unworkable.
The states are recognizing that. Some of them are, Mr. Justice. Professor Camisar's research indicates that 37 states now provide counsel for poor people in all felony trials. Eight others frequently do so as a matter of practice, and five make no regular provision for counsel except in capital cases. But I do not agree with any implication in your question that uh, this movement by the states to act themselves argues against a step forward now by the Supreme Court. I do believe that the growing acceptance of right to counsel by the states makes a reinterpretation of the Constitution easier. I see my time is almost up, so I will try to sum up. I believe this case dramatically illustrates that you cannot have a fair trial without counsel under our adversary system of justice. How can our civilized nation pretend that there is a fair trial without the counsel for the prosecution doing all he can within the limits of decency and the counsel for the defense doing his best within the same limits? And from this clash, the truth will emerge. I think there is a tendency to forget what happens to these poor, miserable, indigent people in these strange and awesome surroundings. Sometimes in this Court, there is a tendency to forget what happens downstairs. I was reminded the other night, as I pondered this case of Clarence Dara, when he was prosecuted for trying to fix a jury, the first thing he realized was that he needed a lawyer. He, one of this country's great criminal lawyers uh, Mr. Fortis uh, what are the limits of what you're asking now? At what stage of a criminal case must a lawyer be supplied, and in what kinds of cases do we have to pass out of that?
No, sir, not at this time, but I will give my opinion anyway. A lawyer should be provided at least from the first arraignment of the prisoner through his trial and appeal, and this right should apply in all but petty offenses. What about traffic violations? Even for traffic offenders. I know that sounds strange, but it would work. Only an occasional oddball would ask, and it would be very easy to say to him, "Yes, sir, go right down the hall to that door; that's the public defender's office; they'll see you." Thank you, Mr. Chief Justice. Mr. Jacob. Mischief Justice. They please the Court.
Clarence Earl Gideon had a fair trial. The trial transcript shows that he took an active part in his own defense and that he possessed much skill and facility in questioning witnesses. Also, his previous record of four felony arrests indicates that he was not wholly unfamiliar with criminal trial procedure. Judge McCrary, who tried the case, says, and I quote, "that it is his opinion that Gideon had both the mental capacity and the experience in the courtroom at previous trials to adequately conduct his defense. He did as well as most lawyers could have done in handling his case," unquote. We have been asked to discuss today whether this Court's holding in Betts versus Brady should be overruled or modified. We say that it should not, for several reasons. First, there is no historical basis for requiring states to automatically appoint counsel in all cases. Next, the ruling Betts versus Brady provides a clear and consistent standard for determination of the right to counsel. There are special circumstances that should be considered, such as the prisoner's illiteracy or youth. How do you know what the special circumstances are? Every time this Court decides a case, we know another special circumstance. Well, in recent years, in four cases, I think we have reversed cases from your state. Every time you said defendants weren't entitled to counsel because of special circumstances. We prefer case-by-case adjudication. May not be precise, but we prefer it because it gives the state some freedom in devising its own rules of criminal procedure. This Court has never laid down any fixed rules on the right to counsel. What about the Scottsboro case? Doesn't that lay down a rule that lawyers are required in capital cases? That was decided on circumstances. Perhaps so, but subsequent cases have made clear that there is a fixed rule for capital cases. There's no point in your arguing that. What historical support have you found for the distinction between capital and non-capital cases? Your Honor, I can't think of any. I can't either. That's why I asked. Well, there is a practical distinction between capital, non-capital case. You won't draw the line somewhere. Everyone is--is fearful of being put to death. Maybe they're fearful of spending years in the penitentiary, too. I would like to restate one of our basic contentions. When special circumstances warrant, this Court can order states to provide lawyers, but by imposing an inflexible rule that every defendant is entitled to a lawyer in every case, we feel that this Court would be intruding into an area historically reserved to the state. It would stifle state experimentation. For example, the state might eliminate prosecutors as well as defense counsel and leave the whole trial to a judge. Don't go too far now. Look, Gideon's not a lawyer, but you say he's capable of representing himself. Do you also think he should be allowed to represent other defendants if the defendant asked for him? I'm sure a judge wouldn't object. Well, the local bar association might. I hope that this Court will consider the consequences of overruling Betts versus Brady, grave consequences as I see them. The new doctrine of giving everyone a lawyer every time he asks for it would necessarily extend to the most trivial cases, creating a tremendous burden for the taxpayer. The next thing you know, indigents would also be demanding other free services, psychiatrists, expert witnesses, and so forth. In effect, this Court would be requiring the state to adopt a socialism or welfare program. Also, please consider this: Of the 7,800 convicts now in Florida prisons, more than 5,000 were tried without counsel and might be eligible for release if this Court overrules Betts versus Brady. If this Court does reverse, we implore you to find some way to make it not retroactive. We have followed Betts in good faith. Are any of those 5,000 prisoners in Florida illiterate? Your Honor, I have--I know I have no way of knowing. But what do you think? Uh, yes, I--I don't know, but I suppose some of them are. A literate. This Court has ruled that an illiterate defendant is entitled to counsel even under Betts versus Brady. Illiteracy is a special circumstance. Any illiterate among those five has been deprived of his constitutional rights. Mr. Fortis, do you wish to say anything in rebuttal?
Mr. Chief Justice, in 1942, when Betts versus Brady was decided, this country was at war with Hitler's Germany. Benjamin V. Cohen, the noted New Deal lawyer, and Erwin N. Griswold, then professor and later dean of the Harvard Law School, were referring to that when they sent this letter criticizing the Betts decision to the New York Times. I quote, "The decision in Betts versus Brady comes at a singularly inopportune time. Throughout the world, men are fighting to be free from the fear of political trials and concentration camps. From this struggle, men are hoping that a Bill of Rights will emerge which will guarantee to all men certain fundamental rights. Most Americans, lawyers and laymen alike, before the decision in Betts versus Brady would have thought that the right of the accused to counsel in a serious criminal case was unquestionably a part of our own Bill of Rights. For in a free world, no man should be condemned to penal servitude for years without having the right to counsel to defend him. The right of counsel for the poor as well as for the rich is an indispensable safeguard of freedom and justice under law. Dean Pound has said, 'The law must be stable, and yet it must not stand still.'" I think Betts versus Brady was wrong when it was decided. I think time has made that clear, and I think now time has made it possible for the correct rule, the civilized rule, the rule of American constitutionalism, the rule of due process to be stated by this Court. Clarence, there's a telephone call for you, for Mr. Foedus in my office. You can put through that call now. Mr. Florida, sir. This currency. Oh, Gideon. Oh, sir. [Music] It's just wonderful. I congratulate you, sir. You're a very brilliant man. Can you tell me what the vote was? That makes me feel very good. That really does, Mr. Fortis, sir. Did they say I have to stand trial again? I don't understand that. Wouldn't that be double jeopardy? Excuse me. It would be two trials for the same offense. I let me understand it better after I get your letter, but I still don't think it's fair. Another thing, sir, can I ask you what happened to the other men here who didn't have lawyers? I think I understand. It depends on circumstances. Can I just ask you about this one friend then? You're 23 years--there's only one witness against him. That witness is dead now. Another thing, you can't read. Well, sir, I--I thank you so much. I hope I get to meet you someday. I--I thank you so much. Thank you. You're gonna get out. That's what my lawyer said. Me? I gotta stand trial again. I don't know why. There's a double jeopardy. I don't know why. Well, I have to say I didn't think there was a snowball's chance in hell. What was the vote? Nine to nothing. Unanimous. Isn't that something? What did he say happens to the rest of the boys? He says it's too early to tell. Some will be retried like me and lawyers. Others may just get out like artists. Depends. At least nobody's gonna go on trial in this country ever again without a lawyer. That's what he said. I [Music] [Applause] [Music] Uh [Music] [Applause] [Music] [Applause] [Music] [Music] I'm Tobias Simon, and this is Erwin Block, who's a very experienced criminal lawyer. I'm with the American Civil Liberties Union, and I want to congratulate you. Your determination and courage are an inspiration to all of us. Now, um, Abe Fortis has written to me that you hoped that the ACLU would provide you with a lawyer for your new trial. It shouldn't be a retrial. I should never stand trial again. The Fifth Amendment of the Constitution, the United States of America, says, "Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." Double jeopardy. Mr. Gideon, a new trial won by a prisoner as a result of his own appeal is not considered double jeopardy under American law. I don't need any lawyer. Tell me what rights I don't have. Where's the trial supposed to be? In Panama City. No, sir, I can't get a fair trial. Panama City. They convict me once, they'll do it again. Mr. Block and I will do everything in our power to see that that doesn't happen again. No, sir, you're the same judge, probably. That's supposed to be a fair trial. I'm sorry, but I'm afraid we don't have any choice in the matter. I note that Mr. Tobias Simon has signed some papers and his appearance, defense counsel. No, he's not, your Honor. May we approach the bench? Yes, you may. I didn't authorize Mr. Samson anything for me. Do my own silence. I don't want him to represent me. Do you want another lawyer to represent you? No, I'm not ready for trial. But do you want--I want to file for an order to move my case from this court. I can't get a fair trial in this court. Same court, same judge, everybody, everything. I can't get a fair trial here. You excuse me, your Honor. Your Honor. Of course, Mr. Block and myself do not want to represent Mr. Gideon if he doesn't want us to. I'll speak for our own self. I'll make my own--please. I don't make any pleas for me. You don't want Mr. Block and Mr. Simon to represent you? I do not want them. Mr. Block, Simon, you're excused. Thank you. Thank you, your Honor. Mr. Gideon, under no circumstances do I want you to try your own case again. Now, do you have--do you have money to hire a lawyer of your own choice? No. But do you--do you know a local law--you'd want to represent you? Yes, Fred Turner. For the record, I am going to appoint Mr. Fred Turner to represent this defendant, Clarence Earl Gideon, your Honor. Because of Mr. Gideon's victory in the Supreme Court, as you know, the State of Florida has now passed the public defender law, and there is no one--we'll let Mr. Turner handle the case himself. Now, Mr. Gideon, you get in touch with Mr. Turner so he can file any motions he desires. I want to file no motions. This would be a matter of just sending me back to the penitentiary. I'll do it my own way. A motion for a new trial in the case of the petitioner, Clarence Earl Gideon, is barred as improper because: one, the Fifth Amendment to the Constitution of the United States expressly prohibits putting a man on trial twice for the same offense; and two, the State of Florida has a two-year statute of limitations on my alleged offense, which alleged crime was committed more than two years ago. I'll rule on motions at a later date. Mr. Gideon, your trial--I'll set you free on a thousand-dollar bond. Looking great. That retrial is set for one month from today, August 5th, 1963. [Music] Hi, Clarence. How you doing today? Well, I see they got your glasses out to you. That's good. I think that suit looks real good. I--I've heard all about what you've done, and I just wanted to come down and cheer you on. Sure. Nice of you. I got a lawyer this time. You've been out working, asking questions, talking to people that are not the truth. All right. Please.
Save the United States of America. State of Florida, in this Honorable Court, help us to do impartial justice. Appreciated. Case of the State of Florida versus Clarence Earl Gideon. What says the state? You ready for trial? You're ready. You're wrong if you're in Sweden, ready. Your Honor, ready. Your Honor. Mr. Gideon, you have made a motion to the effect that this trial represents double jeopardy and that retrial is also barred by the statute of limitations. A retrial as a result of a prisoner's own appeal is not double jeopardy, and the statute of limitations does not apply where an appeal results in a new trial. Motion denied. You may question the jury. Mr. Harris, do any of you have any prejudice for or against a defendant that might prevent you from doing your duty? Acceptable. Ron. Uh, Johanna, we'd like to challenge Miss Larwin and Mr. Pogue. Lauren doesn't like alcohol and Pogue's a convictor. This jury's acceptable to right. [Applause] Raise your right hand. Solemnly swear to tell the truth, the whole truth, isn't that much too simple? I did. It's the way--Where were you at 5:30 in the morning on June 3rd, 1961? Outside the Bay Harbor pool room. Who or what did you see? Seen Clarence Earl Gideon inside the pool room. What else did you see? Well, I seen him come out with a pint of wine and then leave in a taxi, and I went back to the pool room and seen it was busted into. Cigarette machines busted into, coin box line empty, and a pool table. Did you notice anything interesting about Mr. Gideon when he came out? Yes, sir. His pockets was all bulging. Do it. Mr. Blake, what were you doing outside the pool room at 5:30 in the morning? I just come back from a dance in Apalachicola. How'd you come back? You know, Cairo, with some friends. Oh, what were their names? I don't remember now. You don't remember any of them? Not right now. Well, can you tell us what kind of car it was? Yeah, old model Chevrolet. These um, friends of yours, how come they put you off two blocks from home when they just driven you 60 miles? Yeah, I don't know. I mean, I didn't see no--I was just gonna hang around there until the pool room open at seven o'clock. Y'all been doing a little drinking that night or two? Where was that? Apalachicola. Well, now, Lester, the store is closing midnight at Apalachicola. When you and your friends got back at 5:30, could you have still been maybe a little bit thirsty? Did you go inside that Bay Harbor pool room? No, sir. You didn't come out of there with a six-pack of beer? No, sir. Well, now, you spend a lot of time around the pool hall, do you, Lester? Assume. Well, there's always a lot of advertising boards in the window, aren't there now? How could you look in there and see somebody with all those posters? Well, I did. And the windows are kind of high up. I mean, almost too high to see through, aren't they? Now, you did not call the police then or later? That's right. Have you ever been convicted of a felony? No, sir. Well, I'm not convicted. Well, I stole a car once, put on probation. No, wait a minute here. At the first trial, when Mr. Gideon asked you if you'd ever been convicted of a felony, you said, "No, sir, never have." That's a false answer, reflecting on Wade's character and his credibility as a witness. Not necessarily a false statement. It is too. No. Pleading guilty is not the same as being convicted. Well, it's just exactly--that's enough arguing about it. You both made your point. That's the way. Have you ever denied that you were guilty of a felony? Yes, sir. When and where did you deny your criminal record? Right here in his last trial. That's all. Was Clarence Earl Gideon authorized to be inside the pool room in the early morning hours of the third day of June 1961? No. Your witness. And others operate the pool room for you on occasion. That Mr. Gideon worked for you? It's never on payroll, but he operated it sometimes, didn't he? Well, occasionally. The dollar and a half Mr. Gideon paid you for taking him downtown that night. Exactly how did he pay you that? It's six quarters. And did he say anything to you about what you should answer if anyone asked whether you'd seen him that night? He said if anybody asked, I hadn't seen him. Your witness. Mr. Frank, when Mr. Gideon got in your cab, what was his condition as to sobriety? What's that? Oh, was he drunk or sober? He was sober. Do you have any wine on it? No, sir. Any beer? No, sir. Any Coca-Cola? No. Did his pockets bulge? No, sir. Well, now, we have just heard what Mr. Gideon said that if anybody asked, you hadn't seen him. Is that right, Justin? Now, tell me, had you ever had Mr. Gideon in your cab before? Yes, sir. And had he ever said that same thing to you, if anybody asked you hadn't seen him? Yes, sir. Has he ever said why? Just tell the court what he said to you on those occasions. Well, uh, Mr. Gideon had wife trouble, uh, woman trouble on occasion. Well, haven't we all? And what he said before was he didn't want anybody knowing his personal business, and that's why he didn't want you to let on that you'd seen him. Listen. Thank you. That's all. You may step down. Back. We call Clarence Earl Gideon to the stand. Your left hand on the Bible, raise your right hand. You solemnly swear to tell the truth, the whole truth, nothing but the truth, so help you God. Do seated, Mr. Gideon. On the morning of June 3rd, 1961, did you break into the Bay Harbor pool room? No, sir. What was the purpose of your taking a taxi cab into town? Get me another drink. I just robbed a bar room. I would have done that. Where'd you get the money you had on you? Gambling. Oh, what kind of games did you play? Mostly rummy, that and poker. What kind of stakes did you play for? Nickel, dime, quarter. Do you have a gamble with Lester Wade? Sure. Gambled with all those boys. Ask him. Do you have any wine on you? I don't drink wine. Any beer? No. Any cocoa? No. Oh, uh, one last thing. Mr. Stafford says that you used to operate the pool room for him on occasion. Is that right, sir? I did. How would you let yourself in for that purpose? I had a set of keys for that purpose. What do you say to this charge? You broken into the Bay Harbor pool room? Guilty of it? Know nothing about it. You had over 25 in coins on you that morning when they arrested you, didn't you? Just gambling. Why did you have all that money in coins? I got as much as a hundred dollars in my pockets and coins. Why ever run a poker game? You would carry 100 dollars in coins around with you for days at a time? Yes, sir. Excuse me for saying that, Miss Curtis, but I sure wouldn't leave 100 in a room in the Bay Harbor hotel. Have you ever been convicted of a felony? Yes. Five times, including this one. Bless the weight. Bless the weight. This uh, probationer has been out of the dance drinking beer. He comes--
Back, maybe a little dry, and he walks up to stand outside the pool hall for an hour and a half, waiting for it to open. He could walk two blocks home and sleep for 90 minutes, or get a bee out of his ice box. But no, he'd rather just stand right there on that corner, walking back and forth for 90 minutes, looking in the window and being thirsty. And now, so he says, looking in the window, he sees Clarence Earl Gideon. Only he does a very peculiar thing: he doesn't call the police; he doesn't notify the owner; he just walks up the corner, and he walks back. Why? I know why, and so do you. The beer had run out at midnight at Apalachicola, and Lester Wade and his friends were still thirsty. So what happened to the beer, the wine, and the Coca-Colas? I'll tell you what happened to them: they left out of there in that old model Chevrolet. Now, why was Wade standing on that corner, walking back and forth? I'll give you the answer: he was the lookout.
What about Gideon? He comes out of his hotel; he goes to a telephone booth; he calls a taxi cab; it picks him up; takes him into town. Wade, standing guard, sees. And now, when the police happen by, here's the perfect answer for Wade: he names Gideon. Uh, 25 worth of change—that's a lot to carry in your pocket. But Mr. Gideon had 100 worth of change in his pocket. You believe, right? Do you believe that other story you just heard? Lester Wade's not on trial here. There's been no evidence of any animosity by Wade toward Gideon. There's been no evidence that Wade and his friends took that. Bear in mind, you have to go on the evidence in the case, not on speculation. You have to rely on the facts and not on what some lawyer like Mr. Turner would like you to believe. Add your verdict to the bailiff, then it will rise.
Clarence Earl Gideon: The jury finds you not guilty. [Applause] What is a gerd? What are you going to do now? First thing is, I'm going to track down my kids. And, well, for one thing, tonight I think I might like to go back to the pool room. Somebody lend me a few dollars? Thank you, Miss Chris. Gideon: Do you feel like you accomplished something? Well, I did. On November 1st, 1963, Attorney General Robert F. Kennedy said, "If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court, and if the Supreme Court had not taken the trouble to look for merit in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of American law would have gone on functioning undisturbed." But Gideon did write that letter; the court did look into his case; and he was retried, with the help of a competent defense counsel, found not guilty, and released from prison after two years of punishment for a crime he did not commit. And the whole course of American legal history has been changed. [Music] [Applause] Crew. So [Applause] [Music] you