Oprah had (or used to have) a TV program entitled “Where are they now?” The show features celebrities like Tom Green or Nicole Richie who may have seemingly dropped off the face of the earth. The production provides an update on that person. This post is sorta like that, although much, much darker.
In 1984, Jeff Jacobsen and I represented Platte Valley Harvestor in a difficult farm case about alleged damage to dairy cattle. Picture the big blue silos you see on farms. That’s what our client built and installed after buying the parts from the manufacturer. The dairy cattle were feed out of that structure.
Jeff is one of the best and most experienced trial lawyers in Nebraska and perhaps the funniest lawyer I know. He had the insurance defense on the negligence claims. Because there were warranty claims that were not covered by insurance and the claims were large enough to sink the business and then some, I defended our client on those issues.
We had a long and contentious jury trial in Furnace County, Nebraska. I am not proud of the fact that Jeff had to restrain me from punching our opponent in the mouth after trial one day. The essential claim against our client was that the big blue structure our client built for the farmers had poisoned the dairy cattle such that they milk production was dramatically reduced. Throughout the trial the plaintiffs mentioned their “baby Jason.” By the time of trial, the kid was certainly no longer a baby. He was about 13 years old.
The jury came back for the farmers on the negligence claims, but the judge pitched the warranty claims. Jeff appealed and a young and very bright associate of Jeff’s by the name of Steve Russell wrote the portion of the brief that dealt with the negligence claims and I wrote the portion of the brief dealing with the farmers cross appeal on the warranty issues. The Supreme Court reversed the jury verdict for the plaintiffs, and affirmed the trial judge on the warranty claims.
In short, we won a complete victory. See Agristor Credit Corporation, a foreign corporation, Appellee, v.Fernan Radke and Estella L. Radtke, Third-Party Plaintiffs, Appellants and Cross-Appellees, Platte Valley Harvestore, Inc., a corporation, Third-Party Defendant, Appellee and Cross-Appellant, A.O. Smith Harvestore Products, Inc., a corporation, Third-Party Defendant, Appellee, 356 N.W.2d 856 (1984).
With the foregoing by way of introduction, I now turn to the “where are they now” portion of the post. I suppose I could write about some of the other participants, but I instead concentrate on only two.
Steve Russell: Not long after Steve wrote the great brief, he left Jeff’s firm when he was recruited to be an Assistant United States Attorney in the Lincoln office. For well over 20 years now, Steve has distinguished himself as one of the three or four best federal prosecutors we have in Nebraska. Tall, good-looking, well spoken but in the language of common people, Steve gets tough cases and almost always convinces the jury to convict. Among other things I particularly respect about Steve is that he is eminently fair to defendants and their counsel. Even if he has an advantage he won’t press it if he believes it would be unfair to do so. He believes in cutting square corners. Yet, he is tough as nails.
Baby Jason: My writing skills, such as they are, cannot adequately do justice to Baby Jason. So, I will simply quote part of the New York Times article about him that describes his activities about six years after our trial. While you should read the entire account, the beginning of the article reads this way:
A 19-year-old man who had moved to Queens from Nebraska two weeks ago was charged yesterday with killing his 6-day-old son, dismembering the body and then feeding it to a German shepherd he was training as a guard dog, the police said.
Detectives said yesterday that the baby’s crying early Friday morning woke the father, Jason Radtke, who took the infant out of a crib and began to walk him. When the baby suddenly wet him, Mr. Radtke became enraged, the police said, and threw the child to the floor, killing him.
Mr. Radtke is believed to have then dismembered the baby’s body with a razor and left the remains ”in a position to be consumed by the German shepherd,” Capt. John Creegan of the New York detectives said.
I wrote this post in ABQ. That’s where “Breaking Bad” was filmed. By the way, I have long ago concluded that “the Moon is [not] in the seventh house.” Nor do I believe that “Jupiter [has] align[ed] with Mars.” But, that is probably just me.
Oh, and have a nice day
My idea of the proper “emoticon” for this post is shown below: