Magazine

January 15, 2012

Issue link: https://viewer.e-digitaledition.com/i/52639

Contents of this Issue

Navigation

Page 51 of 83

I'M sitting in the hotel bar of the Willard InterContinental in Washington, D.C., among all its beaux arts grandeur and over- stated elegance, waiting for my old law- school buddy Rusty Hardin to show up. He's late, of course, as is his habit. A former cli- ent once told him, "There's a minute, and then there's a Rusty Hardin minute." I'm just glad to have scotch in hand at the end of a long day. And the complimentary nuts in this place are downright addictive. Besides, I know Hardin has his hands full. A Houston attorney with a specialty in defending pro athletes, he's represented such jocks on the rocks as Scottie Pippen, Wade Boggs, Calvin Murphy and Warren Moon — and won their cases, often before the jury broke for lunch. His relentless cross- examination of former Playboy centerfold Anna Nicole Smith, who sought part of the $1.6 billion estate of her deceased husband, J. Howard Marshall II, was the stuff of legal legend and made Hardin a celebrity in his own right. His juries don't just find in his fa- vor — they want to take him home for dinner. Currently, he's representing Roger Cle- mens, a seven-time Cy Young Award win- ner who's charged with six counts of lying to Congress, a federal case stemming from his alleged use of performance-enhancing drugs during his Major League Baseball career. The case originally went to trial in July 2011, but Judge Reggie B. Walton granted Hardin's motion for a mistrial after the prosecutor introduced toxic hearsay testimony. Walton later ordered a retrial to begin in April 2012, rejecting a defense argument that a retrial would violate the double-jeopardy clause of the Fifth Amendment. Hardin has been accused of being some- thing of a media hound, but he simply charms the media like he charms his juries: by mix- ing a genuine Southern gentility with a pas- sionate advocacy for what he believes to be worthy causes. In the Clemens case, however, 52 JANUARY 15, 2012 he has taken a beating from the press. Sports- writers and bloggers have chastised him for allowing Clemens to testify before Congress in 2008 and arrogantly proclaim his inno- cence. Clemens would've been better served, the argument goes, if he had just copped to his supposed steroidal sins and asked for- giveness like other ballplayers caught up in the steroids scandal (ex- teammate Andy Pettitte, for one). This reasoning ignores the possibility that Clemens might be innocent, of course, but that's one of the occasional work hazards a high-profile defense attorney must endure in a case that regularly gener- ates national headlines. a 1995 Southern Methodist University A AA.COM/AMERICANWAY lthough we have spoken by phone over the years, I last saw Hardin at law-school reunion. Law school creates an esprit de corps born of the shared misery of professorial intimidation. But Hardin was not easily intimidated. Unlike other class- mates, he came with more history: a school- teacher, a Vietnam War veteran, a husband, a father. That didn't mean he didn't possess the same wide-eyed idealism that I did. We both wanted to practice criminal law. As he enters the bar at the Willard, I see that his ever-present, jury-winning grin hasn't faded. Nor has his homespun resolve to burrow into a companion's background and make him the center of his attention. "I want to know all about what you're doing," he says, ordering a chardonnay. I offer up tokens of my past, about how I hung up my lawyerly vest when I realized I enjoyed writ- ing about the law more than practicing it. I try to turn the conversation to the Clemens

Articles in this issue

Links on this page

Archives of this issue

view archives of Magazine - January 15, 2012