ILNews

Hammerle on ... 'West of Memphis,' 'Emperor'

Robert Hammerle
March 27, 2013
Back to TopCommentsE-mailPrintBookmark and Share

bob hammerle movie reviewsWest of Memphis

The powerful “West of Memphis” details the wrongful conviction of three Arkansas teenagers for the killing of three 8-year-olds found submerged in a small creek in 1993. The three convicted kids, all loners and misfits, were subsequently incarcerated for close to 20 years before being released upon the discovery of new DNA evidence, among other things. Justice was perverted, not served, and the film shines a spotlight on a small community that temporarily lost its collective mind.

The film is a tribute to numerous people, not the least of which was Lorris Davis, a New York landscape architect who married one of the lads. Astonishingly, she was able to garner the support of Johnny Depp, Eddie Vedder and Natalie Maines, the lead singer of the Dixie Chicks. The brilliant filmmakers, Peter Jackson and Fran Walsh, produced this exposé, and I could only think of their phenomenal trilogy that began with “The Lord of the Rings: The Fellowship of the Ring” (2001).

Such fellowship existed here, and the film focuses on the defense attorneys who fought this case for so long. One of them was the original trial counsel, and he appears in the film as a decent lawyer who simply refused to give up.

Even when the Arkansas Supreme Court eventually ordered a new trial, the elected prosecutor still looked for a reason to save face. In the end, all three innocent men had to enter what is known as Alford pleas in order to obtain their freedom. In other words, they had to plead guilty despite simultaneously maintaining their innocence if they wanted a guarantee of being released from prison.

RatingMemphis.gif

Quite frankly, I can’t help but wonder if any criminal defense lawyer has not experienced that convoluted moment when a client’s admission to a crime he didn’t commit will avoid an unsure trial and gain his immediate release from jail. My wife Monica Foster and I once represented a young man in Indianapolis that resulted in that very sad outcome.

He had served five years of a 110-year sentence before his conviction was reversed on appeal by Ms. Foster. The crime concerned a gas station robbery where the attendant was shot and blinded. We tried it a second time, and the jury hung after voting 9 to 3 for acquittal.

Thereafter, the prosecutor told us that if our client pleaded guilty he could walk home without being on probation. If he refused, he would again face the risk of trial. In the end, we had to watch that innocent young man plead guilty to this crime as tears filled his eyes, and I couldn’t forget that moment when I watched “West of Memphis.”

This is a movie of monumental importance to all lawyers, whether or not you practice as a criminal defense attorney. As said by General Bonner Fellers in the film “Emperor,” “Vengeance is not justice.” Atticus Finch realized that in “To Kill a Mockingbird” (1962), and we lawyers should never forget it.

Emperor

“Emperor” opens a window into our past as you follow the quest of American intelligence officers who are given but 10 days to determine if Japanese Emperor Hirohito should be prosecuted as a war criminal at the end of World War II. Their task is profoundly difficult, particularly given the sad fact that much of urban Japan has been devastated by B-29 incendiary raids that killed hundreds of thousands of people.

The movie is seen through the eyes of U.S. General Bonner Fellers, played with gripping compassion by Matthew Fox. Interrogating individuals like former Prime Minister Hideki Tojo, Fellers is forced to confront the enormous contradiction of condemning the military expansion of Japan while ignoring the history of brutal western colonization.

But as Fellers wrestles with his conscience, he is helped by the fact that he spent time in Japan before the bombing of Pearl Harbor. What privately torture

ratingemperor.gif

s him is the agony flowing from the tragic fact that he has long been in love with a Japanese girl. He met Aya Shimada (a beautiful and charming Eriko Hatsune) in the States when both were attending college in the 1930s, and he accepted an assignment in Japan as referred to above in part to resume that relationship.

Fellers tries to determine the emperor’s culpability by day while spending his nights desperately trying to determine if Ms. Shimada is alive. Discovering that the grade school where she taught was destroyed in an allied attack, he is not helped by the role he previously played in identifying bombing targets.

Tommy Lee Jones gives an expected superior performance in his role as General Douglas MacArthur. More to the point, you quickly see MacArthur’s profound intelligence and incredible vanity.

As noted in Max Hastings’ great book “Retribution,” a story of the battle for Japan in 1944-45, the atmosphere surrounding MacArthur’s headquarters was considered profoundly unhealthy. Though MacArthur’s demeanor throughout the war became ever more autocratic, Mr. Jones does not ignore MacArthur’s fervent commitment to rebuild Japan. While the allies could not whitewash the prior conduct of the emperor, he appointed Fellers to the task because he needed a man who recognized the difference between vengeance and justice.

What made “Emperor” so compelling is that it follows a beautiful love story through frequent flashbacks. Two people whose hearts had bonded were forced apart by conflicting societies that simply did not understand the other. Forces were at work that were destroying much of the world, and how could they hope that their relationship would survive with them living in this monstrous environment.

Finally, I must note an emotionally mesmerizing scene where Fellers visits his lover’s family home after the war. In the process, he is reduced to tears as he talks with her father, a Japanese general who served at both Saipan and Okinawa. I wasn’t the only person in the theater fighting back those same tears, and you probably won’t be either.•

__________

Robert Hammerle practices criminal law in Indianapolis. When he is not in the courtroom or working diligently in his Pennsylvania Street office, Bob can likely be found at one of his favorite movie theaters watching and preparing to review the latest films. To read more of his reviews, visit www.bigmouthbobs.com. The opinions expressed are those of the author.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  2. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

  3. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  4. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  5. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

ADVERTISEMENT