By Eric Velasco
E-mail: evelasco@bhamnews.com
Tom Mesereau may be known now as a celebrity lawyer, but he has dedicated
his 25-year career to beating the odds for rich and poor alike.
Last year he led a team that won an acquittal in Michael Jackson’s child
molestation trial.
He once persuaded a jury not to convict a Los Angeles gang member nicknamed
“Little Hit Man” in a daytime homicide witnessed by three people.
In one of his annual Alabama trials, he successfully helped defend a
homeless capital murder defendant by attacking the quality of eyewitness
identification.
“He’s as good a trial lawyer as I have ever seen and has as good a trial
record as anyone in the state,” said Jennifer Keller, a California attorney
who has known Mesereau since law school.
Above all, Mesereau is a champion of the underdog.
“I like to see myself that way,” said Mesereau, 55, who defended Jacolby
Cooper on Jefferson County capital murder charges last week alongside
Birmingham’s Charles Salvagio. It was Mesereau’s first trial since
Jackson’s.
Cooper, who faced a potential death sentence, was convicted on a reduced
charge of felony murder. He faces 20 to 99 years in prison when he is
sentenced June 8.
“Charles and I have common interests in representing the underdogs and
people who normally would not get as good a defense as they should,” he
said.
Jackson was an underdog because of public perception, a media feeding frenzy
and the star’s wealth, Mesereau said.
“He was attacked because he is the world’s most famous celebrity,” he said.
“He was perceived as vulnerable.”
Reputation vs. reality
Mesereau’s reputation as a celebrity lawyer began in 2001 when he helped
persuade prosecutors not to charge boxer and convicted rapist Mike Tyson
after another rape accusation.
Mesereau also defended actor Robert Blake in pretrial hearings in his murder
case, pulling off the rare feat of getting bail in a capital case.
But it was Jackson’s trial that splashed Mesereau’s face daily all over the
international media.
Jackson fans chattered on the Web about the lawyer they dubbed “Mez.” One
set up a Tom Mesereau Fan Club site, while another offered do-your-own
“T-Mez” dolls.
USA Today declared Mesereau the “new `go-to guy’ for celebs in trouble.”
Barbara Walters named him one of her 10 Most Fascinating People of 2005.
Mesereau blushed when told Jackson’s fans labeled him “a god” and “super
duper rad.” Walters’ accolade was an honor, but he shrugged off the rest.
“I had to psyche myself up, almost like an athlete, to avoid the media and
to view them almost as the enemy,” said Mesereau, an ex-boxer who also
played defense for the Harvard Crimson football team.
“I believe cases are won in the courtroom, not the media,” he said. “Lawyers
who get too star-struck or addicted to the cameras make a terrible mistake.”
Mesereau said lawyering in the limelight isn’t his calling.
“I don’t want to be known as a celebrity lawyer,” he said. “My heart is in
civil rights work. I am a lawyer with a love of justice.”
Civil rights
Mesereau’s interest in civil rights keeps bringing him to a Jefferson County
courtroom.
After meeting Salvagio and Birmingham attorney Wilson Myers, he took on his
first Alabama case in 1999.
Cooper’s trial was his fifth capital murder case here. Another is
tentatively set for June in Greene County. He and Salvagio also defended a
man facing a potential death sentence in Mississippi several years ago.
“What better place for a civil rights lawyer than in the cradle of civil
rights?” Salvagio said.
Mesereau’s volunteer legal work here is an extension of the pro bono work he
has done in Los Angeles for two decades.
He works monthly at a legal clinic for an LA church. He recently helped open
another free legal clinic there, which is named, in part, for him.
Mesereau serves on several social agency boards in Los Angeles and works
with a group that helps women recover from drug abuse or incarceration. His
latest project is to help broker a dialog among black ministers, the Nation
of Islam and rabbis.
Mesereau said his civil rights work attracted the celebrities.
“I’ve always seen the Michael Jackson case as a civil rights case,” he said.
“The prosecution attacked his music, skin color, appearance and sexuality.”
‘A buzzsaw’
Mesereau’s desire to defend the little guy wouldn’t mean much if he were not
a winner in court. He recently had an undefeated year, obtaining eight
acquittals and two hung juries.
None of his Jefferson County clients got death sentences, although some were
convicted of lesser charges.
A defense attorney’s bread and butter is cross-examining witnesses to create
doubt about the state’s case. Mesereau has made it an art form.
“It’s a little like running into a buzzsaw,” said Keller, the California
lawyer. “He’s very methodical and intense.”
Mesereau said the key is to listen to witnesses and not be so in love with
your preparation that you can’t adjust on the fly.
For example, during the Jackson trial Mesereau had six volumes of documents
ready for prosecution witness Debbie Rowe, Jackson’s ex-wife and the mother
of two of his children.
When he realized her testimony favored the defense, he didn’t use any of the
prepared documents in his cross-examination, he said.
In a Birmingham courtroom last week, his demeanor was confident but humble.
He introduced himself to witnesses by saying, “I’m here to speak for Mr.
Cooper.”
His closing argument was casually conversational, yet sharply focused on his
defense themes. Colleagues say his people skills help him connect with
jurors.
He doesn’t always connect with victims’ families and some prosecutors. One
local prosecutor even once called him “a Hollywood fraud.”
But Jill Ganus, who faced Mesereau in a 2000 case in Bessemer, said he has
integrity.
“I respect his passion,” said Ganus, now a judge. “I respect what he does
and how he spends his own money doing it.”
Mesereau said providing quality defense for all is his calling.
“Many lawyers view the profession as simply a business,” he said. “They
don’t approach what they do with passion. If you view it as a business, it
is likely to be reflected in the concern you show for your client.”
“My heart is in civil rights work. I am a lawyer with a love of justice.”
–Tom Mesereau
Source: The Birmingham News