Ben Brafman: The Defense Rests
Ben Brafman: The Defense Rests

 

Defense attorney Ben Brafman rose from his chair and faced the jury for his opening statement. Rapper Sean "P Diddy" Combs sat beside him. The controversial music star was on trial for his alleged involvement in a shooting at a New York City night club on the evening of December 27, 1999. If convicted, P Diddy could spend the next 15 years behind bars. The defendant gazed intently at his lawyer, as Brafman began to speak. "You can call him Sean, you can call him Mr. Combs, you can call him Puff Daddy," Brafman told the jury. "You can call him just plain Puffy," he added with a smile. "But the one thing you cannot do in this case is call him guilty." With those words, the most high-profile trial of Ben Brafman's career began on January 28, 2001.

For the next two months, the Jewish attorney sparred with prosecutors, systematically discrediting a parade of witnesses who claimed to have seen Combs fire a gun. When the trial ended in early March 2001, Brafman reminded the jury of his opening remarks: "This case is not about rap music. It's about rap-a bum rap." The jury agreed; they found Brafman's famous client not guilty.

,Although Brafman is very busy, he took time to talk with us and make the case for Jewish values.

BABA: Hello, Ben. Can you describe a typical day for you?

BEN: I start each day by praying, wearing my tallit and tefillin. After that, there is no typical day for someone like me. When I'm in court, I'm there most of the day. When I'm not in court, I'm in my office or in meetings throughout the city. I travel a lot, because I have different cases in various cities and countries. Every day is different.

BABA:Why do you think the value of tzedek is so important?

BEN: Because it's important to make the world a fair and just place. Jews, in particular, have been victims of discrimination and injustice throughout history. Without justice, Jews are often among the first victims.

BABA: If it's important to make the world a fair and just place, how do you justify defending people whom you know to be guilty?

BEN: I think that a fair and just world requires compassion and understanding. Not everyone who is technically guilty of violating the law is a bad person. Sometimes, people make mistakes, become desperate, and while trying to provide for their families, they take advantage of a situation, with hopes of correcting it before anyone finds out. Many of my clients are good people who have gone astray and broken the law. That doesn't mean their lives should be destroyed. Part of my job is to help them get back on track with their lives. As a Jew, I can understand this process because we embrace the idea of teshuvah, returning to our better selves.

BABA: Can you tell us about a memorable case?

BEN: I once represented an elderly man, who was wrongly accused of a crime he didn't commit. He had spent several years in Auschwitz-a notorious concentration camp during World War II. After the war, he rebuilt his life, becoming a successful businessman with a wonderful family. We went to trial before a very tough judge, and the man was found not guilty. He collapsed in tears, and so did his family. I realized then that I had saved his life, because going to jail at age 70 would have killed him. I'll never forget that verdict.

BABA: How accurate are TV shows like "Law and Order" and "The Practice," which focus on the U.S. judicial system?

BEN: Most of them are inaccurate. They are made for TV, so they don't pay attention to rules or explain the legal process. Often, criminal defense lawyers are portrayed as bad guys doing something underhanded, when that's not true. It's hard for me to watch those shows, and as a general rule, I don't.

BABA: Do you have a favorite Jewish quote that inspires you?

BEN: Yes. It's "Whoever saves a single soul, it's as if he or she saved an entire world" (Sanhedrin 4:5). When I am able to save a single life and I realize how many other lives that impacts, whether it's family, friends, community, employees, or other people connected to that individual, I understand what that sentence means.

BABA: Thanks, Ben. We're adjourned

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