For the Defense with David Oscar Markus


David Oscar Markus, a Miami trial attorney has been called “a reincarnation of the old school criminal defense lawyer” and has represented clients from the head of the Cali Cartel to Fortune 500 companies and their CEOs. David has partnered with rakontur, the lauded storytellers behind Cocaine Cowboys, The U and 537 Votes, on the podcast, For the Defense. The podcast focuses on the work of the least-respected but perhaps the most important profession in America: the criminal defense attorney. In each episode, Markus will interview a top criminal defense lawyer about one of their most gripping trials. Sadly, the criminal defense trial lawyer is a dying breed. The Feds have manipulated the system -- which was founded on the idea of trial by jury -- to force almost everyone (occasionally including the innocent) into pleading guilty to avoid trial. If you dare to go to trial, you risk going to prison for decades longer than had you surrendered and pleaded guilty. The system has shifted from valuing and encouraging trials to punishing those who dare exercise their constitutional right to have a jury decide their guilt. In the 1980s, over 20% of cases went to trial -- now less than 3% do so. Having tried cases all over the United States, Markus is well-positioned to speak to other leading criminal defense lawyers in the country and explore with them the decision they made in a high-profile case to proceed to trial, including their trial strategy, the risks involved, and the clients themselves. The podcast recently concluded Season 5. It has broken news, achieved industry-wide accolades, and is the go to listen for trial lawyers around the country. CONTACT:, read less

Our Editor's Take

For the Defense with David Oscar Markus proves the indispensability of trial attorneys by interviewing the best ones. The podcast's host, David Oscar Markus, is among them. He's a Harvard-educated lawyer whose clients include CEOs and politicians.

The podcast educates listeners about the often misunderstood profession. It also exposes a growing threat to due process. The Sixth Amendment allows accused criminals the right to a trial with an impartial jury. But 97 percent of criminal cases don't go to trial. Markus and his guests show why that's problematic. They do so by analyzing their most complex cases.

Attorney Jose Baez visits For the Defense with David Oscar Markus to discuss Casey Anthony's trial. The young mother faced accusations when her two-year-old daughter, Caylee, disappeared. Casey told several lies before her trial, and the public formed quick opinions. The media covered the case with unprecedented zeal. Baez says the media even reported when Casey ordered Skittles at the commissary. So, Baez started sending them on assignments. Podcast listeners learn what the media discovered, including someone's forthcoming mistress.

Baez succeeded by reminding jurors of the difference between lying and murdering. He also shared compelling reasons for Casey's lies. For the Defense with David Oscar Markus plays a recording of Baez's opening statement. His claims about Casey's childhood might change podcast listeners' opinions about her. Baez has represented many high-profile clients, including Aaron Hernandez and Harvey Weinstein. But he calls tough cases Casey light compared to Casey's. Baez labels Caylee's death as a common accident that happened to an uncommon family. That concept inspires what he does. As Baez explains, trial lawyers must have empathy. He believes everyone deserves a second chance. He credits his success to receiving one.

Baez is one of many fascinating attorneys on the For the Defense with David Oscar Markus podcast. It includes lawyers who defended Donald J. Trump, O.J. Simpson, and Dr. Jack Kevorkian. Baez explains that when a trial lawyer meets an accused criminal, they see another human. Everyone deserves that perception and the presumption of innocence until proven guilty.

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