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U.S. Constitution creates legal odd couple

The law of the land says everyone gets a lawyer - even if the attorney is a black man and the defendant is a white supremacist neo-Nazi.

By JAMAL THALJI
Published September 30, 2006

NEW PORT RICHEY - It says so right there in the Sixth Amendment: Everyone in the American criminal justice system is entitled to a lawyer.

Even Brian "Zero" Buckley, career criminal and leader of a white supremacist sect.

Even if that lawyer is Grady Irvin Jr., one of Tampa Bay's highest-profile defense attorneys - and one of its most prominent black lawyers.

One has sworn to hate the other.

One has sworn to defend the other.

Attorney and client huddled together in court Friday, readying for an Oct. 9 burglary trial.

"We have a great working relationship," Irvin told the judge.

* * *

Irvin, 43, has practiced from New York to Los Angeles. When former National Baptist Convention USA president Henry Lyons and ex-Florida State University quarterback Adrian McPherson went to court, Irvin stood by their side.

They could afford a lawyer. Not everyone can. In Florida you're only entitled to a lawyer if you face jail time. The Public Defender's Office represents the indigent. If they declare a conflict of interest, a list of private attorneys takes the case.

So why is Irvin still on that list?

Because judges asked him to.

"As you might imagine, an overwhelming number of criminal defendants are people of color," Irvin said. "There are very few black attorneys period, and very few doing criminal law."

Buckley, 44, cannot pay for a lawyer. The Public Defender's Office declared a conflict of interest, and so did two private attorneys.

Irvin was just next on the list.

* * *

Patricia Wells had several run-ins with Buckley and the Teak Street neo-Nazis. Authorities say a mob spewing racial slurs tried to break into her house March 7. Buckley is accused of putting his fist through her door during that attack.

That case is not connected to the infamous and unsolved Teak Street murder 16 days later. A masked, knife-wielding man killed Kristofer King, 17. Wells survived the attack, and blamed the neo-Nazis next door.

Irvin argued Friday that if a jury in the burglary trial heard that the mob used slurs and hateful words such as "Sieg Heil," a Nazi salute, they would bury his client.

"Judge, we don't know if the statement was actually made by Mr. Buckley," said Irvin. What if his client is convicted because someone yelled n------ lover?

"That's unfair to him. That's prejudicial."

* * *

Irvin asked the court Friday to keep key details of the burglary and the unsolved murder out of the upcoming trial: that Buckley is a white supremacist; that he has a violent criminal record; that the burglary victim, Wells, would later survive the attack that left King dead; that Nazi and Confederate flags flew outside the old neo-Nazi haunt.

A judge will decide those later. But it will be hard to hide Buckley's past: It's tattooed on his arms, chest and face. His forehead bears the acronym "ANFFAN." The Southern Poverty Law Center, which monitors hate groups, believes it stands for "American Nazi Forever Forever American Nazi."

Regardless, he still gets a lawyer.

"We don't always get to pick and choose our clients," Irvin said. "They don't always get to pick and choose their lawyers. I will represent him, in any case.

"My reputation as a lawyer, as a trial lawyer, is at stake. And Mr. Buckley will get every ounce of that."

[Last modified September 29, 2006, 23:22:45]