-Caveat Lector-

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Interesting stuff in here about 1960's Texas politics; no JFK or Bush though.

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Warren E. Burnett, Colorful Lawyer, Is Dead at 75

September 28, 2002
By DOUGLAS MARTIN






Warren E. Burnett, a whiskey-swigging, Shakespeare-quoting
Texas lawyer who achieved near-legendary status by winning
big jury awards, taking on seemingly impossible murder
cases and defending the powerless, died on Monday while
visiting Fort Davis, Tex. He was 75.

He was sitting on a porch with a cold beer in his hand when
he had a heart attack, said his wife, Kay Taylor Burnett.

Mr. Burnett lived in League City, Tex., near Galveston, but
began building his reputation by hanging a shingle in
Odessa, on the plains of West Texas, after World War II.

In a state where sensational trials are high sport, the
angular Mr. Burnett - with his size 14 shoes and stentorian
oratory owing not a little to the King James version of the
Bible - cut a striking figure.

He insisted that he was not the Percy Foreman of Odessa,
but that Mr. Foreman, the famed lawyer, was the Warren
Burnett of Houston. Larry L. King, the Texas-born author,
said that in the 1960's and 1970's Mr. Burnett was as well
known as any lawyer in Texas, including Richard (Racehorse)
Haynes, the criminal defense lawyer.

One of Mr. Burnett's most famous victories occurred in the
late 1960's, when he defended an 18-year-old "model boy,"
an athlete and scholar. The youth had gently kissed a
15-year-old schoolmate before blowing her head off with a
shotgun. He won an acquittal by proving that his client had
been "temporarily dethroned of reason" and believed he was
doing a good deed. In his arguments, he emphasized the
testimony that the girl had said she wanted "to live with
the angels."

Mr. Burnett also represented, often for no fee,
Mexican-Americans fighting for school integration in the
Rio Grande Valley, the United Farm Workers Union in West
Texas and various liberal causes in Austin, the state
capital.

His good-old-boy style only barely masked his legal
cunning.

"He had the ability to cut the other lawyer's throat, and
the other lawyer didn't even know it until he tried to turn
his head," said Jim Hightower, an author and former Texas
agriculture commissioner.

Warren Edsel Burnett was born on May 4, 1927, in
Austinville, Va., a company town for a lead and zinc mine.
He dropped out of Virginia Tech to join the Marines and
served in China and Burma at the end of World War II. A
Marine buddy invited him to join him at Lamar College in
Beaumont, Tex., where he graduated. After Baylor Law
School, he worked for the district attorney's office in San
Antonio, then joined a private practice in Odessa. He was
twice elected district attorney there.

In his first term, he won the death penalty for a
23-year-old itinerant hitchhiker named Harry Butcher who
had tied up two men at gunpoint and then sexually assaulted
their wives. The second husband broke free, grabbed Mr.
Butcher's pistol and shot him in the leg.

Mr. Butcher begged the man not to kill him, saying he
wanted to die in the electric chair. Mr. Burnett made much
of "his wish" in his speech to the jury, which granted it
in just 32 minutes.

"Butcher was a big step up for me," Mr. Burnett said in an
interview with Harper's magazine in 1969. He later opposed
the death penalty.

Mr. Burnett then threw himself into private practice,
sometimes having two juries out at the same time. He
advanced clients thousands of dollars of his own money to
persuade them not to settle cases he thought might yield
far more money. His victory parties lasted for days. He cut
a wide swath generally, with a Harley-Davidson motorcycle
and the private planes he flew.

His fame as a legal gun for hire could backfire. He once
pursued a case of jury misconduct after hearing a juror
declare, "Well, this is one case that smarty-pants Warren
Burnett ain't going to win."

Molly Ivins, the columnist and author, said a turning point
in Mr. Burnet's career came in 1968, at a conference of
members of the so-called New Left and lawyers willing to
represent them. She said it was there that he fully
realized law's potential for social change.

David Richards, a lawyer who participated in the conference
and the author of "Once Upon a Time in Texas: A Liberal in
the Lone Star State" (University of Texas, 2002), said: "He
was willing to try hard cases in hard places for deserving
people and often times to do it without a fee."

Soon, he was organizing civil rights marches, picketing
supermarkets as part of César Chávez's grape boycott and
representing indigent people charged with capital crimes.
He had William O. Douglas, the Supreme Court justice, as a
houseguest in Odessa, profusely apologizing for the
"Impeach Earl Warren" signs they passed.

In addition to his wife, Mr. Burnett is survived by his
daughter, Melissa Burnett of Midland; his stepdaughter,
Stacie Leggé of League City; his sons, Abner, of
southeastern Mexico, and Paul, of Houston; his stepsons,
Britt Pauls of Galveston and Taylor Pauls of League City;
and three grandchildren.

Ms. Ivins said his language was vivid, not least when he
likened a confused defendant to "a blind dog in a meat
house." She recalled the time he was hired by Odessa to
lead its fight for a four-year state university. A judge
asked if Odessa truly needed it.

Mr. Burnett shot back, "Your Honor, there is enough
ignorance in Odessa to justify an eight-year college."

http://www.nytimes.com/2002/09/28/obituaries/28BURN.html?ex=1034217614&ei=1&en=be262484d2be30ce



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