Boulder Lawyers Ski to Victory: The Hessie Town Site nine, eight, seven.
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As a trial lawyer for 48 years, defending people charged with crimes, I have encountered some rather strange things. One of the fundamental principles I’ve taught, and a key to obtaining great results in court, is simple: DO THE WORK.
What do I mean by that? Let me give you some concrete examples. A defense attorney can usually arrange to visit the property department at the police station to view the evidence. Seals are broken, cotton gloves are provided, and except in unusual circumstances, an officer stands by to protect the integrity of the evidence. Yet, how many lawyers take the time to actually view the evidence? I suspect many do not. In my experience, 100% of the time, I gain something by seeing the collected evidence—and sometimes, it’s a game-changer.
However, today, I don’t want to talk about viewing evidence. I want to tell you the story of the Hessie Town Site Nine-Eight-Seven.
When multiple people are charged with a crime, each must have their own lawyer to avoid potential conflicts of interest. If the defendants qualify financially for court-appointed counsel, the judge’s clerk or Alternate Defense Counsel (ADC) assigns lawyers for everyone, and the judge appoints them at a reduced rate.
During my first year of practice in 1976, nine people—living a transient lifestyle—were hanging out at the Hessie Town Site, just west of Nederland and the Eldora Ski Area. This historic site lies at the trailhead that leads all the way to the Continental Divide, accessed by a dirt road. These nine individuals, our “heroes” of this story, were partying in the dead of winter. And if you know Nederland, you know that winter means really harsh conditions. We were lucky and picked a gorgeous day to visit the scene of the alleged crime.
Now, more important than reviewing the evidence is visiting the scene of the alleged crime. By this time, I had handled a couple of dozen criminal cases. My friend, Attorney Anonymous S. (AS), had never handled a criminal case. The court clerk called him and said, “I’m appointing you to this case. The Public Defender represents one, and I need lawyers for the other eight defendants!”
AS tried to explain that he had no experience in criminal law and couldn’t take the case. Clerk Lucy assured him that since there were eight other lawyers, most with experience, AS could just follow their lead. Reluctantly, he agreed.
The case was set for a preliminary hearing, a mini-trial to see if there’s enough evidence for a possible conviction. Back then, preliminary hearings were available for all felony charges. Today, they’re much more limited. In our case, we were entitled to prelims for the burglary and trespass charges.
My friend AS correctly pointed out that we needed to visit the crime scene. I agreed. The problem? The snow. The road to the Hessie Town Site was impassable by car, and my cross-country skiing skills were…well, subpar. AS, on the other hand, was a skilled skier. So we geared up—skis, poles, jackets—and set off, a mile each way through winter’s worst.
Of the nine lawyers involved, only AS and I made the trip. And it was worth every step.
After surviving the skiing (easy for AS, not so much for me), we arrived at the abandoned town site, camera in hand. What we found was significant.
First, there were no “No Trespassing” signs. This alone gave us hope. The property wasn’t posted. Then we realized the area wasn’t fenced “in a manner designed to exclude intruders.” Skipping the legal jargon, these facts were major—and a huge step toward winning the case.
We took pictures, wandered the site, and noted minimal damage to the dilapidated buildings. There were no signs of exclusion, no fences, nothing that would support the numerous felony charges our clients faced.
When we appeared in court, we were ready—armed for battle. Lawyer-friend AS and I led the charge, not following the more “experienced” lawyers but showing them the way. By then, the Hessie Town Site Nine had become eight. One had sadly died from an alcohol overdose, and another failed to appear for the hearing. Now, it was the Hessie Town Site Seven. Our clients had been living on the street, and were not and could not dress for court.
In the end, AS and I won all seven cases. The other lawyers were merely along for the ride, and were smart enough to say nothing and act casual and to let us do the work in court also. The principle that guided us—do the work—had served us well.
Not every case requires cross-country skiing at 7,500 feet (2,290 meters), but every case requires that the lawyer actually does the work. Not just reading the file or researching the law, but getting their hands dirty—sometimes literally—to uncover the facts. The story of the Hessie Town Site Nine-Eight-Seven is a perfect example of this principle. Often, doing the work doesn’t require rocket science or the brilliance of a Clarence Darrow or Johnnie Cochran. It just requires effort and cross country skis!
Lenny Lensworth Frieling
Shared Knowledge Is Power!
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