THE USUAL SUSPECTS
A word with celebrity defense attorney, Scott Leemon
By Natalie Dolce
With HarperCollins dropping O.J. Simpson from their list of accomplished authors, and the motive behind the shooting of Sean Bell in Queens still unclear, it seems who you are is just as important as what you did or didn’t do when your name becomes entangled with the law. High-profile Madison Ave. criminal defense attorney Scott Leemon knows this sorry fact of the judicial system to be true. A member of the New York State Bar Association for the past 10 years, Leemon has handled many cases involving allegations of murder, racketeering, narcotics trafficking and possession, money laundering and tax offenses—to name a few. And the alleged do-ers of all these dirty deeds? We’re talking big names like Carmine Agnello (son in law of John Gotti), Ralph Cuomo (the original ‘Ray’ of Ray’s Pizza), Curtis Jackson (aka 50 Cent), Trevor Smith (aka Busta), David Darnell Brown (aka Young Buck of the rap group G-Unit) and many more. Most recently, he obtained a dismissal of all charges against rapper Young Jeezy in a multiple possession of weapons case in South Beach, Fla. Impressive. Defending such big-name celebrities has certainly made Leemon an expert on how identity not only plays a role in the crime, but also comes up again and again in the courtroom.
NEW YORK PRESS: As an attorney in New York and as someone who deals with cops all the time, I am sure you are well aware of the recent shooting of Sean Bell. What is your opinion on this incident?
SCOTT LEEMON: I think we need to wait and see how the facts play out. No one should rush to judgment.
Fair enough. I have heard that the attorneys who represent the cops in the shooting have volunteered to bring them before the Grand Jury to have them make a formal statement. Is this something you would normally do if you were the subject of a criminal investigation? Would you assert your client’s right to remain silent?
SL: That [making a statement before a grand jury] is normally a very risky situation, but, in this case, all of the attorneys are very experienced and, most importantly, have spoken to their clients. Therefore, I can’t second-guess anything they do. If the Grand Jury hears their side, it will enable them to evaluate their [client’s] credibility. That is going to be important.
In your opinion, is there merit to the charges made by Jesse Jackson?
SL: From what I have heard and read, race had nothing to do with the shooting. Most of the officers were either black or Hispanic. I do not believe race is a factor that should even be raised in this case, but you have some ‘civic leaders’ using it to get their name in the press to promote themselves. They know race brings out extreme emotions in people, as it should. However, it also can be abused and sadly, race is often abused by the very ‘leaders’ who claim to be trying to help promote racial relations.
Mayor Bloomberg labeled the shooting “unacceptable” and “inexplicable.” How do you feel about the way he is handling the situation?
SL: His reaction is reasonable. There were a lot of shots fired and someone is dead and others are injured. However, no one should rush to judgment until the investigation is over.
Regarding the cops being undercover in plain clothes, drinking etc.: As a lawyer, what do you think about this holding up in court? What is your opinion on being intoxicated while these shots were fired?
SL: It is going to hurt (the) credibility and believability. However, that is what undercover work is. You hang out and act like a criminal. Most importantly, there is no proof that anyone was drunk here or alcohol played any roll.
On another note, what is your opinion on the hip-hop cop/special NYPD unit who worked undercover for so many years now revealing all this inside information about the rap world? Do you think this is ethical? Do you think it is ok that there is a task force that specializes on rappers?
SL: Task forces operate legally in many instances. The problem with the “Hip Hop Squad” is that they often arrest the wrong people. I have had several cases, in New York and elsewhere, where artists were arrested and then the charges dismissed later. If an arrest is made, it should be made because there is proof that the person did something wrong.
How did your specialty become high-profile clients and how is it that you have become a central figure in representing hip-hop artists in particular? What attracts you to bigwig clients in the entertainment industry?
SL: It happened to fall into my lap. Tony Yayo was my first “entertainment” client. His entertainment lawyer and I had another mutual client and when Yayo got in trouble he called me to help. Then, I got a great result for Young Buck in the high profile Vibe Award incident in California. From there, it just happened. The good thing is that all of my clients have been happy and believe they were treated fairly by me and the system.
Based on your personal experiences in this industry, have you witnessed any sort of bias in hip-hop cases that maybe influenced the cases outcome?
SL: Actually, probably not. I have been lucky. The prosecutors I have dealt with have all been professional and able to deal with the cases on the facts, not on publicity.
While the law states that everyone’s entitled to a fair trial, do you find celebrities to get more-than-fair treatment in court?
SL: No, you just hear about it more because the public loves to hear about public people failing. In reality, in most cases, everyone gets treated as they should.
Do you believe law and order exists to protect the victims of crimes or to protect the perpetrators?
SL: Neither. It is there to protect society. The system is not perfect, but there is not a better one anywhere in the world. Defendants have rights; victims have rights. There must be a fair balancing of the two to meet the overall goal—justice.
Do you have any qualms regarding defending those whom many deem indefensible?
SL: As a private attorney, I am lucky as I get to choose the cases I want. When I meet with a potential new client, we must get along for me to take the case. There are certain cases I won’t take on—terrorism and most sexual abuse cases. It is just a personal choice, but I don’t want to defend people charged with those types of crimes.
Do you think professional success equals justice?
SL: No. They have nothing in common. It is not my job to “do justice.” My job is to represent my client to the best of my ability, in an ethical and legal manner.
Ralph Cuomo, founder of Ray’s Pizza (which is of huge interest to many New Yorkers) was going to be imprisoned for using his landmark Prince Street pizzeria to sell heroin along with pies. Tell me a little bit about the case and how medical ailments were used as a reason for lighter sentencing. Was the poor health defense genuine?
SL: Without getting into specific details, Ray was and still is a very sick man … Anything I said in court I can validate with documentation. The case against him was very weak and a plea agreement was reached with the US Attorney’s office. Ray received a sentence within the agreed upon range.
In 1956, Cuomo was caught red-handed committing armed robbery. Does defending repeat offenders like him and Carmine Agnello cause you any doubt as to their right to a fair trial at the taxpayer’s expense?
SL: … I object to the tone of the question. Without talking about my clients specifically, everyone is entitled to their day in court, whether they have a record or not. People with a record need more representation because of the presumption of guilt.
Has it ever been difficult over the years knowing that there is a possibility that one of your clients may have been guilty? Do repeat offenders’ crimes ever get in the way of developing a believable and honest case?
SL: A person’s criminal record is clearly a factor that must be considered in developing a defense. Again, my job is only to defend them to the best of my ability. By now, with most cases, I can figure out what happened.
Do you find the press and the public biased against clients such as yours because of their fame? If so, are they more likely to be positively or negatively prejudiced?
SL: It depends. The police definitely react differently with public people. In most cases, I found cooperating with the press as much as you can helps. When you are honest and tell them you can’t or won’t talk about something they usually respect your decision.
Do you find the hip-hop community specifically targeted by the law perhaps as a result of their lyrics, and can those lyrics be used against them in court?
SL: Maybe. They are targeted because they get press and the police like good press. Statistically, “hip hop” people do not commit more crime, but their arrests are always reported by the media. Why? Because it sells papers and brings in high ratings. As to the lyrics, I believe it is all art and should never be admissible in court. I have heard some courts have ruled the other way. I believe those decisions are erroneous. It needs to be remembered, ‘lyrics are a form of art; art is not always truthful.’