Ep. 2: David Rudolf: American Injustice, the Staircase, & Defending Empathy

Helping us get set for sentencing is David Rudolf -- attorney, author, and lead counsel in the acclaimed Netflix documentary, “The Staircase”, which is now a controversial HBO mini-series.
Mr. Rudolf has been on the front lines of justice for decades as one of the nation’s preeminent trial lawyers. He has dedicated his life to giving voice and vindication to a special class of victims in our system -- those convicted and sentenced for crimes they did not commit.
He recently published a riveting look at our dysfunctional system, American Injustice: Inside Stories from the Underbelly of the Criminal Justice System.
In this whirlwind discussion, we cover:
-Rudolf's new Book, American Injustice;
-The Staircase documentary and the new, highly fictionalized HBO miniseries;
-Draconian sentencing statutes and guidelines;
-How confirmation bias and tunnel vision can corrupt every aspect of the criminal justice process;
-The need for accountability for prosecutors and police when the innocent are wrongfully convicted;
-How becoming a client made him a more empathetic lawyer;
-Advice for criminal defense lawyers struggling with work life balance;
-The coercive nature of plea bargaining;
-How to handle sentencing when your client maintains innocence;
-AND, the very best ways to inject humanity back into our broken system;
Oh, yes, for all you diehard Staircase fans, we do discuss "the owl theory"!
LINKS:
David Rudolf's Website: davidsrudolf.com/
Abuse of Power Podcast:
www.audible.co...
Incredible 3-hour CLE offering on the Staircase:
www.nacdl.org/...
vimeo.com/3323... (staircase CLE teaser)
HBO Rebuttals:
www-newsweek-c...
variety.com/20...
the owl theory:
amp-charlotteo...
Listen to more from the Set for Sentencing podcast

[@Ptricko]

Interesting and insightful podcast. Deserves a lot more views!

[@KaySP06]

I would love love LOVE to see more of the sidebars from this trial!

[@Laura-fv1oe1]

Yes please share!!

[@sladelawson3812]

Excellent work. Nicely done, Doug.

[@MindBodyStephen]

Huge fan of The Staircase documentary series and the HBO series… always found David to be interesting and insightful-loved this episode!

[@setforsentencing]

Thank you Stephen!!

[@rrhodes16]

Thanks. I was one of the two, with no clue about the "owl theory."

[@fullmetalandtheflame438]

Great interview! I just finished watching the Staircase docuseries and was fascinated by the whole thing. Very interesting to hear David Rudolf to about his experiences outside of and after that case. Thanks for the interview!

[@setforsentencing]

awesome. glad you enjoyed. i think the staircase is the very best long form true crime docuseries ever made. and david rudolf is a champion for justice.

[@obsolise8063]

Shouldn’t be having a schoolgirl type crush at my age, but here I am - David Rudolph…❤ …🙄

[@setforsentencing]

😂 you’re not alone!

[@angelinamarechal6085]

Me tooo ❤

[@Sarge978]

The CLE link in the description isn't working 😕

[@setforsentencing]

Thank you so much for telling me this. I'm trying to find out what the issue is and will let you know as soon as i do.

[@Sarge978]

@setforsentencing thank you. Please do, I'd like to check it out.

[@randyolson8615]

Nice interview, Doug, BUT … the whole story of “The Staircase” ends up being an utterly stupid large scale demonstration of people just blindly devoted to “tell us a fun murder mystery” instead of using a rational mind to put an end to the charades. I don’t get it. The first moment I looked at the photos of the head wounds and heard about the talons of a barred owl it was CASE CLOSED for me. At that point the burden should have been put on the prosecution to show that it was NOT the result of an owl. Everything else also matches, but the head wounds are so obviously from an owl. What … tha … F? It ends up being like the Nail in the Forehead video, where the guy says, “I think it’s the nail,” and she replies, “It’s not that simple.” Yes. It is that simple. Whatever happened to Occams Razor? An owl attacked her and she bled to death. The entire series needs to be flushed. Both the original then the Netflix revisiting. So dumb.

[@setforsentencing]

The trouble is, the Owl theory did not come to light, let alone to fruition, until it was too late. It was never an option to present at the original trial.