Welcome to . . .

The Enlightened Justice Blog

Tuesday, November 3, 2009

Pete Shellem, in memoriam

I was honored to be asked to speak at Pete's memorial service yesterday. Here is what I said in memory of my good friend.


I went to a meeting of the Dauphin County Bar Association a couple of years ago because Pete was going to receive an award honoring him for his coverage of our court system and generally for his good work. After the presenter said a number of nice and flattering things about Pete, he was given the prize, the photographs were taken and he gave his acceptance speech. It was short, and to the point, and it went something like this.

"I have always thought of the lawyers and the courts in Harrisburg as my extended family"

"But you’re a pretty dysfunctional family."

That was Pete. He always told the truth. And he never cared who was listening.

I believe that it was our dysfunctions that interested Pete the most. He despised hypocrisy and pomposity. He couldn’t tolerate falsehoods or error. And he hated to see that the law sometimes ground up the innocent along with the guilty. I saw him receive another award, that one was the ACLU’s Justice in Journalism Award – and that time it was my honor to present the prize to him – and instead of using his acceptance remarks to make some vacuous statement of appreciation he complained about a bill that was then in the legislature that would have limited public access to official records. And he explained how that bill if it became law would impede his efforts to free the wrongfully convicted. There was a state senator in attendance that day and that provision of the bill never did become law. Now I don’t know if Pete’s comments made the difference but I do know that Pete was never off-message. That award, by the way, has recently been renamed the Pete Shellem Memorial Champion of Justice Award.

I don’t remember the first time that I met Pete. I’m sure that it must have been in one of the courtrooms where I have spent the last 30 years. I’m sure that I may have thought that he was a persistent and aggravating pain in the neck who was trying to make me say more than I wanted to and tell him things that I would have been better off keeping to myself. I’m sure I didn’t like it, and I couldn’t have known at that moment, and didn’t, that that meeting would blossom into one of the close friendships of my life. A friendship shaped by sharing good times and some bad ones, by common interests and goals, and by a deep and abiding respect that I fervently hope was at least somewhat reciprocal.

In the last few days much has been written and spoken of the fact that with Pete’s passing journalism and justice have lost a friend. That is true, of course. Justice and journalism. Veracity and civil rights. Courage. Good and precise writing. Integrity and clear thinking have all lost a loyal friend. And like so many of those gathered here today, so have I. Since his death many friends have called and written to express their sympathy to me and to ask me to give their condolences to Joyce and their family. You never know how to respond to those messages and it would be impossible to describe Pete in a few words to someone who didn’t know him. So I got to the point where I just said thanks and then said "He was one of a kind."

Pete once described his journalistic philosophy to me. He didn’t call it a journalistic philosophy, of course. It was just his way of doing business. "First, I make sure that I’m right," he said. "And then I just write the story." We all know that Pete’s death leaves a gaping hole in our lives and in the life of the journalistic community and in the community at large. I hope that that journalistic hole does not stay vacant forever. It would be impossible to fill Pete’s shoes but I encourage others to follow in his footsteps. He has bequeathed to us a legacy of hunger for the truth and a commitment to honesty. I hope that all of us – the journalists and the lawyers, the courts and the citizens – accept that legacy and act on it. That is not only our responsibility to one another – but it would be the best of all possible tributes to Pete’s memory.

Pete, as I said, was never off message and his message was an indomitable belief in the defense of rights and in their free exercise. He believed in the promise, sometimes unkept, of the First Amendment – that government should be transparent and that citizens could and should understand their government. That agencies of the public should actually serve the public that empowers them, and that when officials speak with the voice of the people they serve, they should use that voice to tell the truth.

He revealed many hidden truths and he exposed many pernicious lies. But more than that, and I think that this is truest legacy, I believe that by the very nature of the life he created for himself he demonstrated the virtuous power of a solitary voice when possessed by a good man with a righteous idea and an incorruptible intention not to be deterred from its full expression.

In a long friendship with Pete he taught me many valuable lessons. But that was the best one.

Today he teaches me another one. One that I needed to be reminded of. It is never to soon to reach out to the people that you love and care for to tell them how much they mean to you and how important they are. It is impossible to do that too soon, because eventually it gets to be too late. As a great philosopher once said "Sometimes it gets late pretty early out there." Pete, you left us too soon. And I will never forget you.

So let me close with one last personal thought. Even today in this time of cavernous sorrow, our grief may be mitigated somewhat – though really not by much – with the gladness that Pete Shellem was generous enough to share a few moments of his time on earth with us. Many people pass through their whole lives and never experience a soul such as his.

No comments:

The state of the law as a state of mind.

RECENT PUBLICATIONS BY THE REASONABLE DOUBTER
"The Embarrassment of Innocence" Innocence should be the only serious question for the criminal courts. We operate, after all, in a system which enforces a presumption in its favor and which allows any reasonable belief in its existence to preserve it. Innocence is the default state of blamelessness. Because fine and often exquisite distinctions between innocence and guilt carry with them disproportionate consequences — imprisonment, ruin, and death — the stakes are high for drawing these distinctions with accuracy. Public respect for criminal justice as a whole rests largely on the community’s belief that its guilt finding system has two characteristics: first, that it usually correctly divides guilt from innocence; and second, that when that usual result does not prevail, it fixes its own mistakes. The system is not only reliable but it is self-correcting. If it were not, the conventional wisdom holds, its claim to moral legitimacy would be far more tenuous. [click here to read the complete article]
"This Should Have Been a Simple Case: Dretke v. Haley and the Illusion of Actual Innocence" Criminal defense is an always difficult and often thankless job. Pursuing justice by vindicating our clients’ rights appears to many citizens — lawyers and non-lawyers alike — as mere hairsplitting to help criminals avoid the just desserts of their crimes. When we are asked how we can do it, we can talk about the lopsided power of the state, the Founding Fathers’ fear of tyranny or the need to champion individual liberty. But sometimes it is easier just to say that some defendants are actually innocent and therefore it is wrong for them to be punished. This, I have learned over the decades, is the one thing everyone agrees with. If you didn’t do “it,” whatever “it” is you should not be punished. Innocence may not be a presumption that many juries accept, but when some rare case presents an “unusually pristine” example of a defendant being unfairly punished no one should object to his exoneration. Courts and lawyers may contend over guilt and reasonable doubt, but innocence should be the one unbeatable trump to punishment. [click here to read the complete article]

Spero T. Lappas, J.D., Ph.D.

Spero T. Lappas, J.D., Ph.D., is an author, scholar, and lawyer headquartered Harrisburg, Pennsylvania. He has earned a PhD in American Studies from The Pennsylvania State University where he researched the relationship between the American law and culture and where he has taught courses in American Studies and Public Policy. He graduated with honors from Allegheny College (BA ‘74), where he was twice named an Alden Scholar, received Departmental Honors at graduation and the Muhlfinger Prize for his independent research and from the Dickinson School of Law (JD ‘77), where he was on the Editorial Board of the Dickinson Law Review, a member and faculty adviser of the National Trial Moot Court Team, and winner of two American Jurisprudence Awards. He was later named to Dickinson's Woolsack Society.

He is licensed to practice law before the Supreme Court of the United States, all Pennsylvania state courts, and several federal courts. He has served as lead counsel in hundreds of major civil, criminal, and civil rights cases, including some of Central Pennsylvania's most important criminal and civil trials. In the criminal courts he has defended several death penalty murder cases, federal drug felonies and conspiracies, federal sports bribery, state and federal crimes of violence, major fraud allegations, and most other varieties of cases in which citizens have been charged with serious state and federal crimes. In the civil rights arena he has represented plaintiffs in cases involving police misconduct, excessive force, wrongful arrest and prosecution, sex discrimination, disparate impact, disparate treatment, prisoners rights, students rights, age and race discrimination, wrongful death, freedom of speech and association, search and seizure, and whistle blowers rights.

He served as an inaugural member of the Pennsylvania Senate Advisory Committee to Study the Causes of Wrongful Convictions and the Pennsylvania Legislative Advisory Committee to study the Death Penalty.

His career achievements have been recognized in many leading volumes and publications about legal professionals. He was among the nation's youngest attorneys to be named in the first edition of The Best Lawyers in America. He has been listed in Who's Who in American Law, Who’s Who in the World, Who's Who in Finance and Industry, Who's Who in America, Who’s Who Among Emerging Leaders in America, America's Leading Lawyers and The Bar Register of Pre-Eminent Lawyers. He has an A rating -- the highest possible recognition -- from the Lexis/Nexus Peer Reviewed rating system.

He has been an adjunct professor at Widener University School of Law and Harrisburg Area Community College, a University Graduate Fellow at Penn State, and a member of the ACLU (where is on the board of directors for the local chapter), American Mensa, and the U.S.Fencing Association. His publications have appeared in the Dickinson Law Review, The Champion (the journal of the National Association of criminal Defense Lawyers), the Harrisburg Patriot-News, The Burg newspaper and the Pennsylvania Magazine of History and Biography.

He is a prize-winning photographer whose work has appeared in several galleries, one-artist shows, and personal and corporate collections, a tournament Scrabble champion, and a competitive three weapon fencer.

He frequently speaks to civic and community organizations about matters of public importance. To arrange an appearance, please contact Dr. Lappas at sperolappas.jd.phd@gmail.com.