When Venezuelan President Nicolás Maduro was called before U.S. Judge Alvin Hellerstein of the Southern District of New York on Monday to make a plea, he frequently spoke for himself, through an interpreter, protesting that he remains the leader of that nation.
But Barry Pollack, his attorney who earlier reached a deal to free Julian Assange and handled many other high-profile cases, gave a preview of things to come.
A partner at Harris St. Laurent & Wechsler with experience from defending the WikiLeaks founder to wrongful convictions, Pollack is the lead attorney charged with making Maduro’s case. Cilia Flores, Maduro’s wife, is represented by Mark Donnelly.
He made it immediately clear he will challenge the legality of the action even before addressing charges.
“Mr. Maduro is the head of a sovereign state and is entitled to the privileges and immunities that go with that office,” Pollack said in court Monday. “In addition, there are issues about the legality of his military abduction.”
Pollack also told the judge that Maduro, being held at the Metropolitan Detention Center in Brooklyn, has “health and medical issues that will require attention.”
So began the latest high-profile litigation in the Southern District of New York with an arrest, an attorney and what is likely to be a hard-fought pre-trial phase to this case with March 17 set for the next scheduled court appearance.
High-profile clients
In addition to Pollack, Bruce Fein, an attorney specializing in constitutional and international law and former assistant deputy U.S. attorney general under President Ronald Reagan, is part of Maduro’s team.
As lead attorney, Pollack brings experience from high-profile corporate to pro bono cases, spanning Enron executives to everyman cases of wrongful convictions.
“Barry is the type of lawyer who gets involved in challenging cases. He can utilize his skill set to effectively represent somebody,” said Martin Tankleff, a former client and special counsel at Barket Epstein Kearon Aldea & LoTurco. “His mastery is in the courtroom. He’s like a quiet pitbull. He can be soft spoken, but he knows how to step it up.”
Pollack reached a settlement for WikiLeaks founder Julian Assange, another international client tried in the United States, leading to his release.
“He has represented a high-profile international client,” Tankleff said. “The case raises significant constitutional and possibly international rights that Barry has had experience with.”
Pollack said he’s seeing more cases involving numerous nations and jurisdictions as the United States government goes after non U.S.-citizens abroad.
“I’ve been practicing for 35 years now, and there has been a steady growth of cases that implicate multiple countries,” he told Lawdragon.com regarding Assange. “The United States has an extraordinary view of what its worldwide jurisdiction is.”
A Washington, D.C.-based lawyer admitted to the bars in the District of Columbia, Maryland and New York, Pollack also won a case on behalf of Enron accountant Michael W. Krautz, while 22 other defendants were convicted.
A partner at employment, commercial litigation and white-collar defense firm Harris St. Laurent & Wechsler, he told Lawdragon.com he believes he is “able to talk to a jury and explain the evidence in a way that makes sense to them” beyond the government’s perspective.
“I also think I have the ability to communicate well with a jury,” he added. “In some ways, you’re being a translator.”
Pro bono
In addition to cases involving executives, Pollack also has won pro bono cases regarding wrongful convictions, representing Martin Tankleff while working at Miller, Cassidy, Larroca & Lewin.
“It is hard work, because once you are convicted, the system is set up to keep the convictions,” he told Lawdragon.com. “So these cases often take years to litigate, but there’s really nothing more rewarding than seeing that kind of injustice corrected.”
He went on to represent Fernando Bermudez, who was declared “actually innocent,” not simply “not guilty.”
“That makes a difference,” Bermudez said of the ruling that freed him after 18 years in prison. “It created legal precedence that a case like mine could be ruled on actual innocence.”
Bermudez remembers finding out that Pollack, based in Washington, D.C., would take his case is New York pro bono.
“Barry was a caring man who came from Washington, DC, to work on my case in New York,” Bermudez said. “Barry worked for free to achieve my precious freedom.”
Tankleff sees Pollack, a defense attorney with over 30 years of experience, as a hard worker. “He’s dedicated to his clients. I think he recognizes the time it takes to effectively represent somebody,” Tankleff said. “He has the skills of a trial lawyer, an appellate lawyer and a law professor.”
He also obtained a writ of actual innocence and $2.4 million in compensation for Anthony Hall, wrongfully convicted of a homicide in Baltimore.
A past president of the Mid-Atlantic Innocence Project, Pollack is also an adjunct professor at the Georgetown University Law Center, where he teaches “Anatomy of a Federal Criminal Trial.”
A former certified public accountant, he sometimes handles cases involving complex financial issues, bringing legal and financial acumen to cases.
Pollack is a 1986 graduate of Indiana University, with High Honors, and a 1991 graduate of Georgetown University School of Law, magna cum laude. He clerked for Judge Thomas A. Flannery on the United States District Court for the District of Columbia.
He then served as Assistant Federal Public Defender for the District of Maryland and partner at D.C. white collar criminal defense law firm of Miller, Cassidy, Larroca & Lewin before joining Harris St. Laurent & Wechsler.
“When Barry signed onto my case, I knew I was on the right track. He was an experienced federal litigator who added an extra dimension, reliability and support to an excellent team,” Bermudez said. “It gave me an extra level of hope. He was a strong litigator and cross examiner in court.”
Bermudez said Pollack is “an excellent cross-examiner” able to make legal arguments pre-trial and litigate in court.
“It’s impressive to be involved in that case,” Bermudez said. “It shows the confidence that people have in him for such important representation.”
Tankleff said Pollack has the calm to handle high-profile cases and remain grounded to do a good job. “As a lawyer, high profile cases are different. You have all eyes on you,” he said. “You not only have to navigate the court system. You have to navigate the media.”
Tankleff recently saw Pollack and Stephen L. Braga, of counsel at D.C.-based Bracewell, after both sponsored him in his request to practice in front of the United States Supreme Court.
“It was amazing,” Tankleff said. “Those two lawyers fought for me. It went from client to colleague.”
