Remembering Richard Petersen

I was driving through the County last week and my mind began to travel along with me back to a time when I was younger. I thought about several people who I truly miss now that they are gone. I realized how much I miss Richard Petersen.

During my mid twenties I was promoted from patrol into investigations unit. Our unit was assigned a Deputy District Attorney. At that time I hadn’t worked with a specific Deputy DA therefore I didn’t know the ins and outs of their world.

Prior to trials and court appearances we in law enforcement would attend a meeting to go over the facts of the case and all of the evidence seized. We would discuss the order in which evidence would be presented as well as the duties of the investigating officer and the other witnesses. Most of it was simply putting the pieces together in a fashion a jury would understand. This was all fairly simple because normally the prosecution has all of the facts of a case on their side.

The other part of a trial was the defense. I was always watching and trying to learn what the defense would do. It fascinated me to watch some of the older lawyers who had mastered their craft leading the jury down paths I had never imagined I would see. Many of them were incredible showmen and gifted speakers, all of them knew their jobs well and worked hard for their clients.

I remember we had been in a jury trial all week in which the defendant was represented by Richard Petersen. The proceedings had ended and the case went to the jury for deliberations on a Thursday afternoon. I was off duty on Friday, however I came to the courthouse Friday afternoon when I received a page-out and was advised the jury had reached a verdict. I stood by while the foreman read the verdict which was “guilty.”

It was the end of the day and I met up with a cousin of mine at the Sports Attic for supper. I worked a lot as a carpenter on the side when I was younger. My cousin and I had been roped into roofing a house by an old friend of my father’s.

I entered the tavern and saw my cousin seated near the front. Seated at a table towards the back I saw all of the lawyers who had been engaged in combat earlier in the week. There were Deputy DAs as well as public defenders and private lawyers all of whom were simply ending their week and visiting about the laborious journey it took to get to Friday.

On the table were several pitchers of beer as well as appetizers and meals strewn about. It was clear from the haphazard placement of personnel and supplies there were no skirmish lines at this table.

Looking to the bar I noticed several younger lawyers seated on bar stools with their backs turned to the bar, facing the table. They were engaged in the rhetoric occurring at the table which had been overtaken by the older lawyers. My initial observations were based on this seating arrangements and it seemed clear to me the old bulls were holding court while the younger legal eagles we're attempting to gain knowledge and favor.

I initially thought it odd to see these folks whom I thought to be sworn enemies, telling knee-slapping jokes and poking fun at one another. I could hear gossip and ribbing coming from the table. Richard Petersen was seated with these folks.

Upon seeing me enter the bar, Richard waived me to the back towards him. I walked to this motley crew to see what was happening. When I arrived at their table, Richard called to the barkeep for another beer mug, then poured me a beer.

Richard told me I had done a good job on my testimony and the people had put on a good case. We chatted for just a moment when I suddenly realized that if I stayed any longer I could become cannon fodder to be shot back and forth between the opposing sides. I was raised with brothers and cousins and can recognize when this is about to occur. I thanked Richard for his words and took a seat with my cousin.

A few months later I was preparing to go to trial in another case. This case was also represented by Richard Petersen. I ran into Richard out in Ukiah, this time prior to the case. I somewhat jokingly made it a point to ask Richard if he had any pointers for me, believing he would likely laugh and tell me nothing.

Richard, in good spirits as always, looked at me very seriously and told me, “Don’t be a jerk.” Richard smiling wide said, No, you’re normally polite and to the point, however you are quick witted and passionate. Richard told me “quick witted” often turns to “smart ass” which would at some point allow him to work me over in front of the jury. He pointed out the fact he wouldn’t do this unless I provided him the opportunity to do so. I thought about this advice and weighed it out in my head.

Richard also said, come Monday morning there will be two jerks in the court room they will be “you and my client.” He told me I should do my best to ensure the jury saw me as the lesser of the two jerks before them.

I realized something at that moment which lead to many conversations with many lawyers over the next few decades. After several years in Mendocino County I saw defense lawyers become deputy DAs and Deputy DAs go into private practice. So yesterday’s sworn enemy could be tomorrow’s best friend. I found myself on fishing trips with old friends who were members of the defense bar. I know my life has been enriched by these friendships.

Somewhere along this journey I realized there was the truth as I knew it, however there was also the truth which played out before the jury. Their perceptions were their realities and therefore these perceptions became the truth.

Over the next few decades Richard defended many cases which I had investigated. I always enjoyed watching him work. Hell, we all enjoyed watching Richard work. I remember a couple of occasions where I could see the magistrate snickering when Richard pulled a fast one or suddenly produced a defense which only he could come up with. I always remembered the things he had told me and the advice which I had received simply because I had asked. That doesn’t mean I didn’t give him hell every chance I could and he always gave it right back.

The last time I saw Richard, we were helping a friend move from one home to another in Mendocino. Richard was suffering from the cancer and undergoing treatments. I could see he wasn’t going to be with us much longer and it moved me to see a man I had long respected, preparing for his move to the next place. When we are young we attend a lot of weddings; at my current age I am invited to more funerals.

While on my way to assist my friend move, I had stopped to pluck a few abalone that morning. Richard was at the home of our mutual friend when I arrived. On that day I was able to thank Richard for being a true professional and for the advice he had given me many years ago.

Richard was in good spirits and asked if I had any abalone for him. I replied that I had pulled several 6 inchers and had secreted them under the seat of his car indicating he should “play it cool” when stopped by the game wardens, which was certain to occur as I had already tipped them off. Richard laughed and implied that it would be a fitting continuance of the hell we had given each other over the years.

I feel very fortunate to have had the conversations we had. I will remember this as a time when the champions respected one another. Respect during my youth was hard earned and likely a much deeper respect than the type of people who simply throw out to a title. I miss those times and I miss many of the characters which the time had produced. I miss Richard Petersen and will remain grateful to him. I hope I can pass along to the younger folks a couple of things he and many others taught me. I think it’s the right thing to do.