Turer for the Defense: A Career That Walks on the Wild Side

By Chris Smith (The Press Democrat, May 2, 1981 )

When Steve Turer departed Brooklyn Law School 14 years ago, the various fields of specialty lay before him like a smorgasbord: Corporate law, personal injury, bankruptcy, probate. He selected criminal defense.

"At the time," recalls the black-bearded and ample-bellied layer, "criminal law seemed to be the one that had the most personal contact," the one that "most directly affected people's lives."

Turer's gotten what he wanted. In the recent past, he has achieved personal contact with two men who were known to have shot and killed tow other men and with a third man who professed to having beaten to death an 18 month old baby.

All three men were accused of murder and faced the prospect of their lives being directly directly affected by the charges until Turer argued successfully in court that each should be set free.

He frequently is asked how he can morally defend criminals, much less defend them with derring-do.

In one murder trial Turer implored that his client was legally unconscious minutes before the bloodshed but was consciously defending himself when he fired the gun. In another, he called a suspect to the stand and asked him only a few innocuous questions about himself and his family, thereby effectively limiting the prosecutor to the same type of small talk during cross-examination.

"Nobody likes criminals," Turer said. "I don't like criminals." But his job, he'll argue, is to represent a suspect's rights, regardless of whether or not he likes to person- or even whether the person likes him.

Throughout his most recent murder trial, Turer's client wouldn't talk to him. The client, a self-proclaimed child killer, didn't like Turer from the start. He liked him even less when Turer won an acquittal.

Turer says he knew the man didn't kill the baby. But what about the times when a defense attorney knows his client committed the crime of which he is accused?

Turer said his own opinion of his client's guilt or innocence is "not necessarily a consideration." Guilty or not guilty, he said, a defendant has rights. He'll argue with verve against the notion that rights exist to protect criminals.

"That's an assumption," said Turer. "It's wrong."

"The criminal is a citizen like everybody else, he may not be one of our better citizens," he said. He insisted it isn't by mistake that the Constitution affords protections to every individual accused by the government of a crime.

Turer is 38 and vigorous. He opts for more casual attire than the jurisprudential gray-striped suit and below his sports coat and slacks loiter a pair of pointed boots.

Many a juror has seen his favorite blue tie, but none could actually see that the dots actually are the rear views of tiny fellows holding their trenchcoats open and the letters D.O.M. (Dirty Old Man) below each figure.

He currently is preparing a defense for the Santa Rosa man accused of murdering a Calistoga wine industry engineer whose hogtied body was found last October in a car abandoned under the redwoods near Monte Rio. Behind him as he enters the case is an unusual - perhaps in Sonoma County, unprecedented- string of homicide-defense victories.

The first two cases had a lot in common.

In March of 1979, janitor Frank Arthur Roberts, then 28, retained Turer to defend him against murder charges in the shooting death of Forestville garage owner George McKenzie Colen.

There was never any doubt that it was Roberts who had fired the shot that killed Colen, 29, nor that Roberts had gotten to Colen's mobile home by putting the gun to a man's head and ordering that he be driven there - an act of kidnap.

Roberts todl the jury he and his wife had gone to Colen's mobile home for a party and that he'd fallen asleep after some drinking. Early the next morning, he said, Colen and a second man awakened him and ordered him to leave. He said he protested that first he wanted to find his wife, then was beaten by the two men, thrown out and shortly thereafter beaten again.

He didn't know what to do next. The prosecution said he drove to his home a few miles away, grabbed his gun and strapped on a bandolier of bullets. A man testified that he was sitting in his car near Robert's house when Roberts stuck a gun in his face, got into the car and ordered him to drive to Forestville. 

Roberts said he didn't remember commandeering the car, but did recall walking back into the trailer and confronting Colen, who he said became enraged at the sight of the gun and turned away, threatening to get his own gun.

Roberts said he became frightened and ran out. Once outside, he said, he fired three shots in the direction of the car parked near the trailer. He was "just trying to scare" Colen, he said.

Two bullets apparently struck the car. The third flew through the thin wall of the mobile home and hit a woman who had been in Colen's room. It pierced her stomach, then hit Colen, who was reaching under a mattress where two pistols were kept.

The bullets struck him in his mouth, then was deflected down his throat and through his heart. He died instantly. The woman survived. Colen's wife was asleep in another room.

Turer walked a delicate line in trying to defend Roberts against both a second-degree murder charge and a charge of kidnapping the driver, itself a serious felony. He asked the jury to accept a story he admits contained a "technical inconsistency."

He contended, and called to the stand a psychiatrist who agreed that the booze and the beatings had left Roberts dazed at the time he abducted the driver. The suggestion was that Roberts didn't know what he was doing and could not be held responsible.

But here was the catch: Roberts testified that he fired the gun to ward of Colen. So, by his own account, he was consciously aware that his life was in danger and he needed to defend himself.

Despite the consciousness pickle, Turer pleaded that Roberts was desperate over his missing wife and that he wouldn't have done any of what he did had Colen not started the trouble.

The jury was swayed. It refused to convict Roberts of the killing, the kidnap or the injuring of Colen's women friend.

Some people were angered that Roberts wasn't convicted of anything. Turer conceded, "Without a doubt, he was technically guilty of a kidnap and he killed somebody." But, he said jurors acted rightly.

"Looking at the totality of the event, what they said was, 'We are not going to condemn this man for what he did."

Turer responded firmly when asked if it were not true that defendants sometimes lie to save themselves and that it then becomes the role of defense attorneys to assist their clients by obscuring the facts.

"My job is not to conceal the truth," he said. If someone lies, he said, the lie should be detected by the prosecutor during cross-examination.

However, staging what a judge called a "tactical ploy," Turer short circuited the cross-examination process in the trial that followed the June 1980 shotgun death of Santa Rosa carpenter Louis Pelleriti. But he said he didn't do it to hide anything.

The maneuver, he said, was intended only to assure that his client would not say or do anything to "put some jurors off."

The client, Ronald Cohen, then 39, was arrested after Pelleriti, a former business partner, died at Cohen's Sebastopol house from a pointblank blast fired from Cohen's shotgun. Cohen told authorities Pelleriti had repeatedly threatened him over a disputed $744 debt and that he feared for his life when Pelleriti suddenly drove into his yard. 

He said he got a shotgun and was headed for the door when Pelleriti walked in and surged at him. He said the carpenter grabbed the shotgun barrel, causing the weapon to fire.

Cohen was charged with first-degree murder. Early in the trial, the prosecutor said victim Pelleriti had told people he had an appointment to see Cohen and collect the debt. It appeared, the prosecutor suggested, that Cohen had armed himself, waited for Pelleriti to arrive, then killed him. 

Turer brought to the stand several witnesses who described Pelleriti as a hot-head prone to violence. 

Then he called Cohen to the stand. He recalls that he preferred not to have Cohen testify, but that juries want to hear from the accused.

He asked Cohen a few questions about his family, and community service. Then, to the astonishment of the courtroom, he told Judge Kenneth M. Eymann he had no further questions.

The prosecutor stood, ready to interrogate Cohen about what had happened prior to Pelleriti's end. But Turer objected, reminding the judge that law requires that cross-examination be limited to the matters addressed in direct examination. Eymann agreed, advising the prosecutor that he could ask Cohen only about his family and his public service.

If Cohen were innocent, how could his case have been hurt by full cross-examination? 

"You're dealing with human nature." Turer replied. "I frankly wanted to avoid as much pressure on him as I could."

Besides, he said, Cohen's taped statements to a detective were played for the jury, so his account of the shooting was already known.

Jurors deliberated just 90 minutes before acquitting Cohen.

Turer called the murder trial of George O'Brien "the clearest example of how the system should work, and does work." It was also possibly the strangest trial ever held in Sonoma County.

O'Brien was a friend of Steven and Mary Lumsden and Neil Aldridge, the trio convicted of killing Lumsden's 18-month-old son, Grant. The child died in Santa Rosa on July 1, 1978. He'd been beat to death.

Aldridge, a chiropractor, was convicted of second-degree murder and sentenced to seven years imprisonment. Later the child's father was convicted of voluntary manslaughter and his mother pleaded guilty to the same charge. Both were sentenced to four years in prison. 

In February of 1980, nearly two years after the murder, O'Brien suddenly confessed that it was he who killed the child. He said the Lumsdens and Aldridge had been wrongly convicted. He said he was homosexual and referred to Aldridge as his "idol."

Soon after the confession, a judge set aside the manslaughter convictions against the Lumsdens. A second judge refused to do the same with Aldridge's murder conviction.

Turer was appointed by the court to represent O'Brien. "I think, quite frankly, that I got O'Brien because I had the experience with the other cases," he said.

O'Brien immediately disliked Turer, as Turer had declared his intention to prove that O'Brien was for some reason lying. He refused to talk to Turer, even as they sat side by side in court.

The jury ultimately accepted Turer's account over that of O'Brien and the prosecutor. Not guilty, it said. Even as he was set free, O'Brien continued to insist he was the murderer.

The case perfectly illustrated the role of the defense attorney, Turer said, because it involved a man who the lawyer didn't particularly like and who didn't even want to be defended. But because the man faced the prospect of a murder conviction, the legal system assured that his rights would be represented and the evidence fully disclosed.

"The role of the criminal defense attorney," he said, "is to represent his client's rights."

Turer gets paid for filling that role. He drives a BMW and could afford to dress better than he does, and he's not oblivious to the fact that some begrudge him for making a living by defending known and suspected criminals.

"I pay the price," he contended. "I also have to deal with these guys, make them part of my consciousness." Turer said defense attorneys are far from the only professionals whose bread and butter is the people who venture on the wrong side of the law. Police officers, prosecutors, judges, jailers, probation officers, newspaper reporters and others are in the same business, he said. 

"We all live off criminals." 

Fending off the Government
(Sonoma Business, April 1993 )

Belligerent. Aggressive. Makes judges and prosecutors mad as hell. Held in contempt of court for offending a judge. Doesn't give a damn. That's Stephen Turer, a criminal defense attorney ins Santa Rosa for 22 years. Few lawyers match Turer's no-holds-barred style of litigating. Most attorneys in criminal defense work know that they have to go from a trial one week back to the D.A.'s office the next week to plea bargain. They don't want enemies. Turer makes enemies and comes back again anyway.

"We hold the line against police and government intrusions," Turer says. The Bill of Rights, he says, was not made to protect us from criminals; rather, it was crafted as a defense against excessive government power. Turer bristles at government abuses: people whose homes are searched with bogus warrants; police obtaining all the telephone numbers called by a suspect in a drug case. The trend, according to Turer: expanding police power and diminishing individual rights. "My role is to fight back," he snaps.

Not that he thinks every client who walks through the door is innocent. But some are. He recalls a recent case where a man was accused of vehicular manslaughter after his vehicle struck and killed two people. The police thought the man had been drinking. "His blood alcohol level was zero," Turer says. He succeeded in getting the case dismissed.

Turer has represented numerous defendants in murder cases, including one murder-for-hire case a few years ago in Rohnert Park, known locally as the "baked potato case" because the killer testified that he brought a baked potato to the scene to use as a silencer on his gun. Turer's client was charged with hiring the man to kill his ex-wife. The D.A. sought the death penalty; because of a hung jury, the conviction was reduced to life in prison without parole, Turer says. His defense: the killer lied about any contract to hire him for the murder.

In his first murder case, Turer defended a man charged with killing the host at a party in the West County and also charged with kidnapping. According to Turer, the man had attended the party, lost track of his wife and asked to look for her in the host's trailer. The party's host, says Turer, refused to let him look and punched him around. He went home, got a gun, kidnapped and forced another person to drive him back to the party, then shot the host. Turer fashioned a defense based on self-defense. "We got to jury to believe that whatever by client did was justified," Turer recalls. The client was also acquitted on the kidnapping. Turer found an expert who convinced the court it was possible from blows to the head for a person to be unconscious and still perform actions such as kidnapping and driving. 

According to Turer, prosecutors have a tremendous advantage in the court system because most judges are former district attorneys. "they were trained as D.A.s. They have the mindset of a D.A." The system is weighted against defendants, he claims. "I'm arguing against a D.A. who played pinochle with this judge, who socialized with the judge," Turer says. "My job is to stop them." For Turer the battle is against an oppressive justice system. "It's easy being a prosecutor. You have the public and the weight of the system behind you. The challenge is to stem that awesome power to make sure people are not trampled." Plainly he relishes the fight. "Because I'm aggressive, they don't like me," he says. "I'm not afraid to call them on their bulls--t. I'm not afraid of them."

He doesn't always win though. Years ago Turer was found to be in contempt of court - twice. One time he pursued a line of questioning with a witness after the judge told him to stop. In the same case Turer made a statement the judge perceived to imply that the court condoned perjury. Turer was sentenced to five days in jail, a sentence he worked off by community service.

"Trying cases with me is not something a judge looks forward to," he admits. Last year Turer defended a black man accused of robbing three girls who worked as clerks in an ice cream store. Part of the evidence was videotapes of the robber. Turer presented evidence to show that his client was too short to have shown up on the tapes. Turer claims the jury was racist. "Three little white girls said they saw him," he says. "He was bald, and he looked terrible. That's one of the few cases in my career I feel terrible about. He was wrongfully convicted. He got 18 years for something I don't think he did." Sometimes juries and the larger society they represent need to convict someone of a crime that has been committed even if it's not the culprit, Turer says. "There's a mental relief in convicting someone." People can go with their lives thinking the evil criminal has been removed from their midst.

 

Press Clippings