Closing Argument Lectures

Today I recorded my lecture on closing argument at the request of David and Chelom Leavitt. The recording was done on a digital video camera in my empty courtroom. It was quite strange lecturing to an empty room. I believe the plan is to make this lecture, and perhaps others, available on the Leavitt Institute website. Meanwhile, here they are for those who are interested:

Епідемія грипу--Flu Epidemic

This morning I received word from the Leavitt Institute that a national flu epidemic is raging in Ukraine, and that all of our schools have shut down for at least three weeks. On Friday morning the Ukrainian Health ministry has announced a nationwide epidemic of the A/H1N1 virus, also known as swine flu, according to Interfax. The result is a cancellation of my teaching assignment in Ukraine this month. I am hopeful that I can go in early 2010 instead.

More later.

Running on Труханів острів (Trukhaniv Island)

My faithful Ukrainian correspondent, Olga Kupriyevych, writes:

"Dan. You can not only run in the park but also cross the Dnipro using the pedestrian bridge and run on Trukhaniv Island in the middle of the Dnipro River. My husband and I used to ski there in winter with our children."

Studying my map, I now see the pedestrian bridge, which is only about 500 feet or so down the hill and across the Vladimyrskyi Descent from the statute of the Baptizer. (In fact, here's a nice picture of the foot bridge behind the Baptizer, which I took in 2007). I read that the bridge was built in 1957 and connects the historic Podil neighborhood of Kyiv with Trukhaniv Island. The Island contains about 4 square miles of forest, meadows and footpaths.

Thanks, Olga! I've got my running shoes all packed.

My Daily Running in Kyiv

As I prepare to return to Ukraine in ten days or so, one subject of my meditations has been how to approach my daily running. Over the past eighteen months I have rarely missed a day of running, in all weather, and typically put in between forty and sixty miles per week. During my 2007 visit I frequently commented on the dangerous traffic conditions in Kyiv and the lack of safe above ground pedestrian walkways. (See, for example, my posts entitled "Where Will the Children Play," "Travails of a Pedestrian," "Passing By Gridlock on a Snowy Evening," and "Travels with Yuri.") So, the news that the new Kyiv apartment is located in Triokhsviatytelska Street directly across the street from the Volodymyrska Hirka Park is some of the best news I have heard. I cannot think of a better (and safer) place to run than on the network of walkways and paths in the Park, stretching from the statue of the Baptizer and up behind St. Michael's of the Golden Domes overlooking the Dnipro. The weather (even in snow) need not bother me, as I am accustomed to running in rain and snow, and the plowing crews appeared to be especially diligent in clearing the park during my many visits in 2007, including during and after two large snowstorms. I plan to take changeable and easily washable running clothes and one pair of running shoes with me. My plan is to run in the early mornings Wednesdays through Sunday. Mondays and Tuesdays will be problematic, as I will be commuting to and from Kharkiv on those days.

Second of Three Jury Trials

Wednesday I presided over the second of three jury trials in the final six weeks before leaving for Ukraine. The charges included one count of driving under the influence of alcohol We had an unusual jury panel of nineteen, including a scientist, a widow, an aerial cartographer, several office workers, two students, two current or former jailers and three firefighters. Voir dire took about an hour and a half. I struck five of the panel for cause or bias, including the two jailers. We started hearing evidence about 10:30 a.m., after my preliminary instructions. The prosecutor, Mr. M, put on two witnesses, both police officers. The strategy for the defense attorney, Mr. B, appeared to be to highlight several minor errors the arresting officer made in filling out the reports, and to argue that the chemical test was faulty. The disparity between the time occupied by the prosecutor, Mr. M, and the defense attorney, Mr. B, was remarkable--Mr. M occupied the podium for approximately 50 minutes during the trial, while Mr. B took up more than four hours, mostly on cross examination. In my view, the case was decided during closing argument: Mr. M laid out a very simple case, highlighting the "elements" of the offense very clearly and showing how the evidence had satisfied each individual element. Mr. B's closing strategy seemed to be to cast a vast cloud of doubt over the entire proceedings, but I believe that the result was a sense of annoyance and impatience in the jury--you could literally see it in their eyes. The jury went out for deliberation just after 6:00 p.m., and returned a guilty verdict on all charges in about 45 minutes.

First Travel Gear Purchases

Yesterday I bought my first travel gear for this year's teaching excursion. First, I bought an HP Mini "Netbook" from Best Buy with 160 GB of storage, wireless card, etc. It is only about 10 inches by 6 inches and weighs less than 3 pounds. I played around with it for a while last night and found it very fast with nice graphics and sound. It has a built in webcam and microphone for easy Skyping (more about that later). I bought it in a package deal including a Belkin cover and a Microsoft wireless mouse--total cost $334. I like the idea of having an ultra small laptop on the plane and trains, as well as in Kyiv and Jerusalem.

Next I bought an Osprey urban pack from REI in Salt Lake City--it has retractable shoulder and waist straps, handles on all sides, plenty of compartments, and appears to be very durable and strong. Cost was $99.

Kharkiv--Initial Thoughts

Two days a week I will be lecturing at the Kharkiv National University in Kharkiv (Харківський національний університет) located in northeast Ukraine. Kharhiv is the second largest city in Ukraine with a population of about 1.5 million people. It has a metro system, has been a major center of industry and manufacturing dating back to the early Soviet era and was actually the first Soviet capitol of Ukraine. Below is an aerial picture of the Maidan Svobody, or Freedom Square, where I will be staying one night a week in the Kharkiv Hotel, directly across the street from the University.

Historically, Kharkiv was founded in the 17th century by a cossack named Kharko, and it was the site of four major battles during World War II. Occupied by the German army for much of the war, Kharkiv was the site of a mass genocide of some 30,000 Jewish residents, who were murdered and buried in a mass grave in a ravine outside of the city called the Dobytsky Yar.

In addition to Freedom Square, I hope to see the Dormition Cathedral, the Intercession Cathedral and the Annunciation Cathedral.

I will be traveling to and from Kharkiv by train from Kyiv each week during my visit, accompanied by my teaching assistant, Tetiana Rogozianska. More about her later.

The New Kyiv Apartment

Corresponding with Chelom Leavitt and Olga Kupriyevych over the last 24 hours, I have received some more detail about the apartment in downtown Kyiv, which will be my home base for much of November. It is located at Triokhsviatytelska St. N

o. 9. It appears from the map and from Olga's excellent description that this apartment is directly across the street from the Volodymyrska Hirka park where the statue of the Baptizer is located overlooking the Dnipro, and only a few minute walk from St. Michael of the Golden Domes. It is also very close to St. Sophia's as well as the Maidan. I also note from the maps and a German language guidebook of Kyiv that I own, that the apartment is almost next door to the Catholic St. Alexander's Church. Olga tells me that it is only a twenty minute walk from the apartment to Taras Shevchenko University, which is one of two Kyiv universities where I will be lecturing. The second university--the National Aviation University, is reached by Marshrutka bus connections.

As I wrote in 2007, this neighborhood is very special to me, and I spent several days exploring this hill and all of its pathways, churches, monuments, gazebos and groves. I spent part of Thanksgiving 2007 writing in the Victorian gazebo overlooking the Dnipro. I also rode the Funicular almost every day from the Metro station at the bottom of the hill up to the rear of St. Michaels. This is also where I attended the very memorable Liturgy in the refectory church of St. John the Theologian, chronicled elsewhere on this site. Below is a view of St. Michaels on the right, and the little refectory church on the left.

Jury Trial--One of Three

I have three jury trials set in the last seven weeks before my departure for Ukraine. This week I presided over the first of these. Interestingly, the two attorneys trying the case were both very young, having only passed the bar exam in October of 2008. (Pictured here, left to right, are my in-court clerk, Ms. A for the defense, me in my robe and Mr. B for the prosecution). It was Ms. A's very first jury trial, and the second or third for Mr. B. They were both outstanding, particularly in opening and closing. Ms. A showed a great deal of poise and equanimity during the trial. Mr. B was brilliant in cross-examination and in closing. It was a delight to watch these two outstanding lawyers at the very commencement of their careers, and reminded me of my previous work with so many capable and bright Ukrainian law students.

The case involved nine charges, including terroristic threat, disorderly conduct, open container and driving under the influence. The 20-member jury pool was a fascinating mix, including a reporter from a local newspaper, an elderly woman who makes wooden toys with her husband (and is called "Mrs. Claus"), a 42 year veteran of the police force, a retired prosecutor and judge, a rocket scientist and a baseball coach and (coincidentally) one of his former star players. Voir dire took a couple of hours, including about six in-camera discussions. The prosecution put on three witnesses--all law enforcement officers--and the defense put on her client.

The jury deliberated a couple of hours and returned guilty verdicts on eight counts, and an acquittal on the terroristic threat charge.

Three Jury Trials Before My Ukraine Trip

With my court staff, I am preparing to conduct three jury trials between today and my departure for Ukraine on November 7th. In my court we reserve at least one jury setting each month, and these days become the highlight of my experience on the bench. Currently I have juries set to begin on September 16, on October 14 and on November 4. (The bench and well area of my courtroom is shown in the first picture and several members of the court staff are shown in the second)

It has only been in the last ten years or so that I have fully appreciated the extraordinary impact the jury trial has upon the entire legal system. It's effect is almost incalcuble. Even though very few cases ever actually go before a jury, the threat or potential that a case may be reach that stage affects everything. In my court we have something like 8,000 cases filed every year--perhaps 10 of those will be tried before a jury. Each of the 8,000 cases, when filed, have the potential to be taken before the jury. There is potential risk to both defendants and prosecution in taking a case before a jury. You can never be assured as to the outcome. A defendant loses the opportunity to strike plea agreements with the prosecution, which may reduce charges or result in stipulated sentencing recommendations. A prosecutor may also have great uncertainty over how his or her witnesses will come across to a jury. Jury trials are also expensive to conduct--a defendant may not want to spend the time and money necessary to hire a private attorney to prepare for and sit through a lengthy jury trial. Likewise, the prosecutor who takes too many questionable cases to jury trial may find his or her credibility or bargaining power with the defense bar to be diminished. It is a fascinating kind of "dance" between the two sides, and it truly has a trickle-down effect on all preparations, negotiations and decisions in a case.

November Itinerary

I just booked my flights to eastern Europe and the Middle East for this November. I will be traveling to Kyiv by way of Detroit and Amsterdam on Saturday and Sunday, November 7th and 8th. On Monday November 23rd I will travel from Kyiv to Tel Aviv, Israel by way of Prague, arriving early in the morning on the 24th. I will then spend five days or so in Jerusalem, and fly home from Tel Aviv by way of New York City on Sunday the 29th of November.

My itinerary allows for me to have about three days of unscheduled time in Kyiv at the end of my teaching responsibilities, which will enable me to explore some of the sights I missed during my 2007 trip. For example, I want to spend more time in Pecherska Lavra.

One of the big adventures for me will be finding my way from Tel Aviv to Jerusalem, and then to Hebrew University (which is technically on the east or Palestinian side of the 1949 Armistice Agreement Line), especially since my flight arrives in Tel Aviv from Prague at something like 4:00 in the morning! My nephew (and Jerusalem resident expert) will no doubt give me pearls of wisdom about how to get to his house, but from what I can read online, the best solution is to take a Sherut (or shared taxi van) from the airport right into Jerusalem. More about this later.

Detour from Kyiv to Jerusalem

My November teaching trip to Ukraine has taken an unexpected detour--it now appears that I will be returning to the United States by way of Israel! My nephew, who is a graduate student at Hebrew University in Jerusalem, has invited me to visit before or after my visit to Ukraine, and I have decided to spend a few days in the Holy City during the week of the American Thanksgiving holiday.

This detour will be the fulfillment of a lifelong dream! I have for years studied and thought about Jerusalem and its many holy sites--in particular the Temple Mount and its environs. It will be a fascinating comparison to see this special place with the sights, sounds and impressions of Ukraine fresh on my mind.

My tentative plan is to complete my teaching in Kyiv and Kharkiv on The 19th of November, to visit special sites in Kyiv on the 20th and 21st, and then that evening (Saturday) fly to Tel Aviv by way of Riga, Lithuania. I will arrive in Jerusalem early on Sunday morning the 22nd, and stay until early Friday morning, the 27th of November, at which time I will fly back to Salt Lake City by way of San Francsico, California.

My Life-Changing Experience in Ukraine

I have told many of my colleagues that my previous teaching experience in Ukraine was, without a doubt, the highlight of my professional career. No other experience in my law school, law practice and time on the bench has compared with the joyous experience of teaching fundamental legal principles to eager and bright young minds in Ukraine. To assist in the fostering of free institutions in that ancient and beautiful land is a high privilege.

Beyond these professional highlights, however, my time in Ukraine has also had a profound personal affect upon me. Specifically, as a result of what I saw and experienced in Kyiv in 2007 I have made some vast changes in my personal habits which has revolutionized my life.

One of the things I immediately took note of in Ukraine was the physical appearance of the people on the street. Over more than two weeks I rarely saw any individual, man or woman, old or young, who was dramatically overweight. This was something of a shock to me, coming from the United States of America where obesity is something of an epidemic--an epidemic which over the years had personally affected me. I noted that the physical and eating habits of Ukrainians was vastly different from that of Americans. For one thing, most Ukrainians spend a significant part of their time on their feet, walking to and from work or recreation. While the number of personal vehicles is increasing in Ukraine, most people still walk or ride public

transportation and Ukrainians are obviously more physically active than Americans. They also appear to eat more healthy food in smaller quantities than Americans.

At five foot ten and weighing over 250 pounds, I felt like I stuck out like a sore thumb in Ukraine during my trip there in 2007. I returned in late November with a resolve to do something about it. In the Spring of 2008 I decided that I was going to start emulating my Ukrainian friends, and started walking to and from work each day, a distance of eight miles round trip. Walking seemed like a sensible exercise for me, as my local government has provided a private exercise room, showers and locker room at my courthouse. So, I parked my car and moved forward with my daily walking. While difficult at first, my two hours of walking each day became very precious to me, allowing me time to think, to meditate, to listen to music on my iPod, to listen to dozens of audio books (mostly histories and biographies), and to memorize a vast amount of poetry in English, German and Russian. From the spring of 2008 until the present, I have driven myself to work only once or twice.

I lost weight very rapidly due to my daily walking, assisted with a sensible diet. By about November of 2008, one year after my first trip to Ukraine, I had lost a total of some 85 pounds. In addition to walking, I also lifted weights four or five days a week. By January of 2009 I felt as if I were in the best physical shape of my life--including my teenage years and my twenties. I not only felt physically alive and vigorous, but the positive affects upon my mind and my inner peace was amazing. In January I began running to and from work instead of walking, and since

then have averaged between 50 and 60 miles (80 to 100 kilometers) each week. In April of 2009 I finished the Salt Lake City Marathon in a time of 4 hours and 11 minutes, and yesterday, July 24, 2009 I finished the Deseret News Marathon in 4 hours and 8 minutes. (In the pictures above I am approaching the finish line in Salt Lake City at mile 26.2)

I am so grateful for the personal impact my time in Ukraine has worked in my life, and I return this Fall with a unique connection to the land and people.

Summer Social with the Leavitts

On July 11, 2009 my wife Julie and I joined many of the instructors, friends, benefactors and board members of The Leavitt Institute for the 2009 Summer Social, held at the home of David and Chelom Leavitt in Provo, Utah. Present were most of the judges and attorneys who will be teaching in Ukraine during the 2009-2010 academic year.

Having attended the summer social at the Leavitt's home in Nephi, Utah in earlier years, it was nice to see David and Chelom so nicely settled in their new place in Provo at the foot of the mountains. The Leavitts still presented their guests with a Juab County style hospitality, complete with barbeque dinner on a warm summer night, joyous conversation and a live band playing throughout the evening. There were even vegetables growing in the garden on the fringe of their huge back lawn where we ate dinner. David displayed for the first time memorabilia from the Orange Revolution of 2004, including this hand-lettered freedom banner which the Leavitt's retrieved and brought back to the United States.

Let me pause to comment on the unique talents and vision of David and Chelom Leavitt. Following his last term as the Juab County Attorney, David accepted a volunteer position with the American Bar Association strengthening rule of law institutions in Ukraine, and David and Chelom packed up their kids and moved for a year to Kyiv. Out of this experience the Leavitts

developed an almost mission-like zeal for assisting the blossoming of freedom and democratic institutions in Ukraine. One fruit of this was the creation of the Leavitt Institute dedicated to assisting in the implementation of a true jury system in Ukraine, as outlined in its constitution.

The Leavitts have developed a multi-phase long term plan for the Institute, which includes not only having American judges and legal professionals teach in major Ukrainian law schools, but also training young Ukrainian lawyers in the United States and then having them assist with the work of the Institute on the ground in Ukraine. It is an exciting and a visionary work--one which I am proud to assist with.

Over the past two years Chelom has taken a major role in directing the work of the Institute as David ran for the U.S. Congress and was diverted by other projects. In his remarks tonight, David noted that one of his Institute colleagues had quipped that David was like "The Hurricane" whereas Chelom was like "FEMA." In his self deprecating way, David is acknowledging that whereas he has a genius for long-range planning, Chelom is a genius at practical execution. They are a unique partnership, and it is a delight to know and be associated with this marvelous couple.

One of the announcements made this evening was that negotiations with the university in Lviv have been successful, and we will add this to the list of law schools for the academic year. There is still some ongoing discussion about the logistics of our travel and teaching schedules. The schedule calls for two American professionals to be on the ground in Ukraine at the same time, and the first draft of the schedule had each professional spending a week at institutions in eastern Ukraine as well as western Ukraine. One of the suggestions made tonight was that each teacher focus only upon select schools. This would simplify travel somewhat, but also provide the students more continuity.

During the evening both Chelom and David spoke, and we were delightfully entertained as Lori Nuffer and the concert mistress of The Orchestra on Temple Square played several piano and violin duets written by Ukrainian composers (and likely performed in the United States for the first time). Later in the evening David even sang "Mack the Knife" with the band to the delight of the crowd, which has become something of a Leavitt Institute tradition.

My Return to Ukraine

A few days ago I was invited by the Leavitt Institute to return to Ukraine. This year I will not only lecture at law schools in Kyiv but also in the cities of Kharkiv and Chernivtsi. I look forward to this new adventure with great joy and anticipation!

In 2007 I lectured at five law schools in Kyiv: the Academy of Advocates (Академії адвокатури України), the Vadym Hetman Kyiv National Economic University (Київський нацiональний економiчний унiверситет), Kyiv International University (Київський міжнародний університет), the National Aviation University (Національний авіаційний Університет), and the Economics and Law University (Університет Економіка та Права "КРОК"). In 2009 there will be several changes in the participating schools. This year the Leavitt Institute has expanded its University relationships to include Kharkiv National University (Харківський національний університет) in eastern Ukraine, and one university in Chernivtsi (the Chernivtsi National University--Чернівецький національний університет) in western Ukraine. In Kyiv the Leavitt Institute will continue its prior relationships with the National Economic University and the National Aviation University, and has formed a new connection with the Taras Shevchenko National University of Kyiv (Київський національний університет ім. Тараса Шевченка). In all, the Leavitt Institute instructors will be teaching in nine universities spread across three cities.

The current plan is for me to travel from November 7 through 21, according to the following schedule:

Saturday, November 7th: Leave Salt Lake City and fly to Kyiv.

Sunday, November 8th: Arrive in Kyiv in late morning, then catch another flight to Kharkiv later in the day.

Monday, November 9th: Teach one two-hour class in Kharkiv.

Tuesday, November 10th: Teach two two-hour classes in Kharkiv, then fly back to Kyiv at about 7:00 p.m.

Wednesday, November 11th: Arrive in Kyiv and teach one two-hour class.

Thursday, November 12th: Teach one two-hour class in Kyiv.

Friday, November 13th and Saturday, November 14th: Free days in Kyiv.

Sunday, November 15th: Catch a night train in Kyiv bound for Chernivtsi.

Monday, November 16th: Arrive in Chernivtsi at about 9:00 a.m.

Tuesday, November 17th: Teach a two-hour class in Chernivtsi, then catch another night train bound for Kyiv.

Wednesday, November 18th: Arrive in Kyiv, and teach one two-hour class.

Thursday, November 19th: Teach one two-hour class in Kyiv.

Friday, November 20th: Free day in Kyiv.

Saturday, November 21st: Fly from Kyiv back to Salt Lake City.

And so, the next chapter in my adventures in Ukraine begins!