by John M. Curtis
(310) 204-8700

Copyright November 5, 2002
All Rights Reserved.

nwilling to showcase her acting talents, 31-year-old Oscar-nominated actress Winona Ryder buttoned her lips, allowing her feisty criminal defense attorney Mark Geragos to do the talking. Weaving a farfetched tapestry of theories, Geragos insisted that he had established "reasonable doubt," allowing skeptical jurors to let Ryder off the hook. Finishing his case, Geragos told jurors that his client was the victim of pernicious conspiracy by Saks' security personnel, designed to defame his celebrity client. Accused of shoplifting $5,500 of designer clothing and handbags, Ryder showed little reaction as Beverly Hills Superior Court Judge Elden S. Fox handed the case to jury. Faced with 3-years in prison, Geragos had a lot of explaining to do, suggesting that Ryder was simply rehearsing for a new part. Countering Geragos' claims, Deputy Dist. Atty. Ann Rundle cited Ryder's Oscar-nominated role in "Girl Interrupted," with its main character admitting she got off on shoplifting.

      From the get-go, Ryder's shoplifting trial captured national attention, watching the chicly attired actress strut herself in court. "It's a simple case of theft," said Rundle. "She came, she stole, she left. End of story," helping jurors get beyond the hubbub of a celebrity trial. Rundle told jurors that Ryder was caught red handed, cutting off security tags and stuffing merchandise under her coat and into a garment bag. Caught with scissors, sensor tags and damaged merchandise, Ryder signed a confession with security personnel, though her statement was stricken inadmissible. Ryder apparently told security guards that she was practicing for a film part and believed her assistant paid for the merchandise. Despite corroborating evidence, Geragos told jurors that Saks framed Ryder for publicity, hoping to profit from the tabloids. "They've got all the best reasons in the world to fabricate evidence," said Geragos, accusing store employees of lying and planting evidence.

      Playing a videotape, prosecutors showed Ryder taking sensor tags out of her pocket and stuffing them into a jacket in the Gucci boutique. Security personnel later found four security tags in the pocket of a Chanel jacket. Harking back to the OJ trial, Geragos accused Saks employees of planting evidence—including the scissors and security tags—to assure Ryder's conviction and minimize civil liability. Pulling out all the stops, Geragos shot the messenger, accusing security personnel of profiting from Ryder's celebrity. Geragos asked jurors to explain why security hadn't audio taped Ryder's confession or checked fingerprints on the security tags. "You can't explain these things away, because there is not an explanation," believing his questions raised reasonable doubt. But Geragos didn't explain how the security camera videotaped Ryder stuffing security tags into a jacket. Geragos made much ado about security guard Colleen Rainey's Hollywood aspirations—as if that proves she framed Winona Ryder.

      When confronting incriminating evidence, it's textbook strategy to impeach witnesses, discredit evidence and fault the police. Geragos accused the Beverly Hills police of "playing games" and Saks security personnel of outright planting evidence and framing Ryder. Classic defense strategy usually involves two tracks: discrediting the prosecution's evidence, including the testimony of key witnesses, and offering up a plausible theory of the facts. In Ryder's case, Geragos stretched plausible deniability to the breaking point suggesting that Ryder had an "open account," leaving it to her "assistant" to consummate transactions. Suggesting that Ryder rehearsed as a Klepto goes over the top. Rundle disparaged defense witnesses, saying their testimony was based on "insinuation, accusation and speculation." While Ryder was entitled to let her attorney do the talking, her unwillingness to take the stand speaks volumes.

      Geragos jumped through all the right hoops, except appearing defensive, antagonistic and insensitive. Jurors like approachable attorneys, whose personalities invite sympathy for their clients. Ryder's celebrity status helps create powerful images, not easily reconciled by criminal behavior, though Ryder's aloof persona gives jurors little reason to repudiate charges. Attacking the credibility of police and store detectives goes a long way in raising the reasonable doubt needed to get clients off the hook. "We've offered you facts; they've given you hype," said Rundle, impeaching defense claims that Ryder was framed by a nefarious conspiracy. Geragos showed toughness but also antagonized jurors by overreacting to Ryder's complaints that she was mistreated by security guards. Nearly slapped with a contempt citation by Judge Fox, Geragos might have pushed too hard going after reasonable doubt.

      Pushing too hard, Geragos antagonized jurors, attempting to find ways of getting Ryder off the hook. Geragos went overboard accusing security guards of planting evidence and framing his client. For defense attorneys to succeed, they must show good humor, politeness and a positive attitude. Looming far out conspiracy theories and stretching plausible deniability to the breaking point sometimes boomerangs. Conventional wisdom suggests that celebrities carry a strong "halo effect," insulating them from negative publicity. Jurors must now sift through Geragos' spin and coldly weigh out the facts. Should the jury rule on the evidence, Judge Fox must temper prosecutors zeal with a sentence that helps Ryder get a grip on her self-destructive propensities. Putting her away won't deal with how this talented actress wound up hitting bottom. Like a drug addict or compulsive gambler, Ryder shouldn't get off the hook but it's possible to craft a remedy that keeps her out of county jail.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's a consultant and expert in strategic communication. He's author of Dodging The Bullet and Operation Charisma.

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