American-Injustice-Book-Cover

“[A] searing critique of the way power is abused in America’s criminal legal system based on firsthand experience.”

– Barry Scheck
Co-Founder & Special Counsel to The Innocence Project

Learn More About the Book

A portrait of David S Rudolf

Fighting for the Individual

David Rudolf is passionate about fighting for the individual against the power of the government. Rudolf founded his law firm in 1982 to represent the rights of people, and the firm has never wavered from that mission.

Here is how he has described the roots of his passion:

Shaping a Life

The Kent State Shootings

On May 4, 1970, I was a junior in college. I was in Boston visiting a friend when I heard that four Kent State University students protesting the Vietnam War had been killed by the Ohio National Guard. I remember thinking: “The government is killing us for protesting.” It shook me to my core.

the kent state shooting girl being helped by two gentleman

an image of the tombs with prisoners behind bars

A tour of “The Tombs”

In August 1971, I started law school at NYU. As part of orientation, I visited the pretrial jail in Manhattan known as “The Tombs” with a small group of other law students. The prisoners were housed in open steel cages that towered over us as we entered on the first floor. As we walked through, they started banging on their cell bars and yelling.

It felt like a human zoo. The conditions were appalling. And these people had not been convicted of any crime. They were presumed innocent.

The “Saturday Night Massacre”

In October 1973, I was a third-year law student when Nixon fired Archibald Cox and abolished the Watergate Task Force. The Attorney General and the Deputy Attorney General of the United States resigned in protest. I was studying law, while the rule of law was disintegrating before my eyes. Was a military takeover of the government next?

a newspaper clipping of the saturday night trials

a newspaper clipping of the nixon indictments

The Watergate Indictments

Five months later, the former Attorney General of the United States, John Mitchell, along with former White House chief of staff H.R. (Bob) Haldeman and former White House chief domestic adviser John D. Ehrlichman, were indicted for perjury and obstruction of justice in the Watergate cover up. The government that had shot and killed innocent college students for protesting the Vietnam War was itself corrupt.

Nixon Resigns

In July 1974, I was studying for the New York State bar exam when the Judiciary Committee of the U.S. House of Representatives voted to recommend Articles of Impeachment against Richard Nixon. He resigned less than a month later. In September 1974, I began work as a public defender in the South Bronx. I would represent poor people facing the power of the government.

Four years and five events that profoundly shaped my values and my life.

an image of nixon running for office

My Journey

Work

After two years in the Bronx, I went to the Federal Defender office in Brooklyn, and tried a number of federal criminal cases (including a case arising out of the hijacking of an airliner by a group of Croatians seeking independence from Yugoslavia).

After several more years in the courtroom representing indigent defendants, I wanted to encourage new law students to represent poor people. In 1978, I was hired to start the Criminal Law Clinic at the University of North Carolina School of Law. A number of my students became public defenders themselves.

But I missed the courtroom, and I missed representing people myself. I missed the ability to give a voice to the accused, and I missed the responsibility of protecting critical Constitutional rights. So, in 1982 I started my own firm with a colleague from Duke Law School.

The firm has been in existence ever since – now 36 years. Although there has been evolution in terms of partners, firm names and the cases we tend to handle, one thing has remained constant – a commitment to individuals who need our help against the power of the government. Some of the cases that have meant the most to me personally over the decades are described below.

Life

Although the work is consuming, I do find time for life outside the law. I ski as much as possible, I devour newspapers, and I love to travel with my wife and law partner, Sonya Pfeiffer. We share a passion not only for giving voice to the voiceless and fighting for fairness and equality, but also for finding unique ways of addressing the societal issues that motivate us and underlie many of the cases we handle.

Most recently, that has translated into us purchasing an art gallery in Charlotte – the Elder Gallery of Contemporary Art. www.eldergalleryclt.com. We recognize that art can be an incredibly powerful way to address challenging issues and subjects in a non-threatening manner – as opposed to the adversarial setting we generally live in. Art can be a vehicle for constructive dialogue and an agent of change.

Sonya’s previous career as a journalist puts her in a unique position as the gallery’s Creative Director to design meaningful programming that weaves together contemporary social issues and fine art. Take a closer look at what we are doing at the gallery on Instagram at @elder_gallery_clt and @sonyapfeiffer. Or follow the gallery on Facebook: @eldergalleryclt.

I aim to live a life of meaning. I take risks where many others would not. I am motivated by doing what is right and what is fair. And I believe in following your passion – in work and in life. If you love what you do every day, you will never work a day in your life. And I haven’t. Follow my continuing journey on Twitter @DavidSRudolf.

an image of david s rudolf posing for the camera

BUSINESS LOCATION

225 East Worthington Ave
Suite 200
Charlotte, NC 28203
(704) 333-9945

EDUCATION

Rutgers University
B.A. Summa Cum Laude
London School of Economics
New York University
J.D. Cum Laude

AREAS OF PRACTICE

Civil Rights
College Disciplinary Proceedings
Complex Civil Litigation
Criminal Defense
White Collar Criminal Defense

BAR ADMISSIONS

North Carolina
New York
U.S. District Court, WDNC
U.S. District Court, MDNC
U.S. District Court, EDNC
U.S. District Court, SDNY & EDNY
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 4th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. Court of Appeals, 11th Circuit
United States Supreme Court

AFFILIATIONS

American Bar Association
Association of Trial Lawyers of America
North Carolina Advocates for Justice
North Carolina Bar Association
American Board of Criminal Lawyers

National Association of Criminal Defense Lawyers

AWARDS AND HONORS

Best Lawyers in America (1993 – Present)
Lawyer of the Year 2013 – White Collar Defense
Lawyer of the Year 2014 – Criminal Defense
Top 100 Lawyers in North Carolina
North Carolina Superlawyers
Top Lawyers in North Carolina
Business North Carolina

awards for best law firm

awards from super laywers

awards for best lawyer of the year 2013

awards for best lawyer of the year 2014

Why I Do What I Do

Although every case and client is important, over the past decade eight cases stand out as being particularly meaningful to me. They exemplify why I do what I do.

Gell v. Ransome – 2009

Alan Gell was incarcerated for 9 years, including 4 years on death row, after being convicted of the 1995 murder of Alan Ray Jenkins. He always maintained his innocence and in 2003 was granted a new trial based on newly discovered exculpatory evidence. The second jury acquitted him in 2004. Alan then sued the State Bureau of Investigation agents who had investigated the case for fabricating evidence against him, and for hiding the “newly discovered” exculpatory evidence from the prosecutors before his first trial. Alan ultimately received a settlement from the state of $3.9 million. He is now married, living in Greenville, helping to raise his wife’s four children from a prior marriage, and working as a warehouse manager.

North Carolina v. Peterson – 2011

In 2003, after a six-month trial, Michael Peterson was convicted of first-degree murder in the death of his wife in 2001 and sentenced to life without parole. It was the most crushing experience of my legal career. I was convinced of his innocence and believed we had won the trial – before the verdict. The jurors indicated they had been swayed by evidence provided by the state’s blood spatter expert, Duane Deaver – evidence I knew was not supported by science. In 2011, I was finally able to prove to the trial judge that Deaver had lied on the witness stand about his alleged expert conclusions. After the judge found that Deaver had committed perjury, he granted Peterson a new trial and released him from prison. After five additional years of waiting, during which the state never set the case for a retrial, Michael Peterson entered an Alford plea in 2016 and was sentenced to time served. The 15 year-long case is chronicled from start to finish in the Netflix documentary “The Staircase.”

United States v. Nguyen – 2012

In 2011, federal agents seized more than $200,000 from a Vietnamese husband and wife who had come to the United States as refugees after the end of the Vietnam War. The Nguyens had worked multiple jobs, diligently saved their money, and raised four children, including one who was serving in the United States military. After they refused to consent to the forfeiture of their savings, they were charged in federal court with “structuring” their bank deposits and withdrawals to amounts less than $10,000 to avoid having their bank file a required report with the Government. We were able to convince the jury that they did this not to avoid any required filing, but simply because they were told by bank officers that it would be easier for them to do this. After a jury acquitted them, the government was forced to return their life savings.

Brown v. Isley – 2013

Floyd Brown, a developmentally impaired man with an IQ of 65, was charged with a murder and imprisoned for 13 years in state mental hospitals based on a confession fabricated by two agents of the North Carolina State Bureau of Investigation. Floyd never had a trial, because his disabilities made him incompetent. After he was freed based on the outstanding work of North Carolina attorneys Joe Cheshire and Mike Klinkosum, we were able to settle his case with the State of North Carolina for $9.35 million. The money was put into a Special Needs Trust to take care of Floyd for the rest of his life. The only thing Floyd ever wanted was a BMW car. The Trustee bought one for his caretaker to use – and we have a great photo of Floyd smiling broadly in the front seat of his car.

North Carolina v. Gay – 2014

Kenan Gay, a graduate of UNC-Chapel Hill and a second-year law student was charged with second-degree murder arising out of an incident at a local bar in Charlotte. Protecting his then girlfriend Liz from an assault by a drunken patron, Kenan pushed the man out of the front door of the bar into the street, where he was hit and killed by a passing car. After a jury acquitted Kenan of all charges, he graduated from law school, passed the bar exam, married Liz, and took a job with a Charlotte company. He and Liz are now raising their first child.

Wilcoxson v. Buncombe County – 2015

In 2000, Robert Wilcoxson, a 19-year old black teenager from Detroit, was arrested for a murder in Buncombe County, a mostly white rural county in Western North Carolina. The police coerced false statements implicating him in the murder from several of his friends, and despite his innocence, he agreed to a plea bargain to avoid a possible death sentence. After Robert was unanimously exonerated by a three-judge panel of the North Carolina Innocence Inquiry Commission, we were able to obtain a $5.125 million settlement from Buncombe County. Robert is now married, owns rental properties in Detroit, and is raising his children.

Armstrong v. City of Greensboro – 2016

LaMonte Armstrong was convicted of a murder he didn’t commit and spent 19 years in prison – without a single infraction – before being exonerated by DNA evidence. After he was released from prison, LaMonte got a job counseling at-risk youth with the prison system. Although he received a $6.4 million settlement from the City of Greensboro, he has continued to work in the same job, helping the same kids. He donated part of settlement to the Innocence Project at Duke Law School, which was responsible for his exoneration.

Bridges v. City of Charlotte – 2017

Tim Bridges was wrongfully imprisoned for 25 years for a rape he didn’t commit. After his release, due to the exceptional work of North Carolina Prisoner Legal Services, we were able to prove that the police had withheld exculpatory evidence from the prosecutor. Tim received a Pardon of Innocence (and a personal apology) from the Governor of North Carolina, as well as a $9.5 million settlement from the City of Charlotte. He recently married his high school sweetheart, bought a small house at the beach, and started his own charter fishing business. He has a new life.

As many of you already know, Ron Guerette, my friend and long-time investigator, passed away in June 2018. In honor of his memory, I have set up a Memorial Fund in his name with the National Defender Investigator Association.

A portrait of David S Rudolf

Speeches and Presentations

National Organizations

American Bar Association

American Psychological Association

Federal Bar Association

First Amendment Lawyers Association

National Institute for Trial Advocacy – Southeast Regional

National Forensic College

Law Schools

Duke University School of Law

University of North Carolina School of Law

Wake Forest University School of Law

Bar Associations

Missouri Bar Association

North Carolina Bar Association

South Carolina Bar Association

Utah State Bar Association

Atlanta Bar Association “Superstar Seminar”

Mecklenburg County Bar Association

Criminal Defense and Trial Lawyer Organizations

National Association of Criminal Defense Lawyers

National Association of Federal Defenders

California Public Defenders Association

Louisiana Association of Criminal Defense Lawyers

Maine Association of Criminal Defense Lawyers

North Carolina Public Defender Conference

North Carolina Academy of Trial Lawyers

North Carolina Advocates for Justice

Tennessee Association of Criminal Defense Lawyers

Utah Association of Criminal Defense Lawyers

Utah Trial Lawyers Association

Virginia Trial Lawyers Association

Private Organizations

Duke Energy

Fourth Circuit Seminars

Law Education Institute, Inc.

Select Topics

Defending Us All – Why We Do What We Do

Ethical Limits on Lawyers Dealing with the Media

The Role of Plea Bargaining and Plea Agreements in the Criminal Justice System

The Causes of False Confessions & False Guilty Pleas

Using Psychologists to Attack the Admissibility & Reliability of Confessions

Attorney Client Privilege – Forcing Lawyers to Testify Against Their Clients

Grand Jury Practice: The Minefield of Representing Multiple Witnesses

Defense Experts: Evidentiary & Tactical Considerations for Direct Examination

Prosecution Experts – Cross-Examination Techniques

The Psychology of Jury Selection & Jury Decision Making

Painting the Picture of Innocence for the Jury

Using Demonstrative Evidence Effectively

Ethical Issues in Cross-Examining and Impeaching Witnesses

The Government v. Your Life Savings – Forfeiture Without Due process

Dealing Effectively with a Hostile, Indifferent, or Difficult Prosecutor

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