Back from Kharkiv to Kyiv

Today I taught a lecture on direct examination to the two Kharkiv classes. The last class ended at about 4:00, and Tetiana and I then dashed to the train station and boarded for the return trip to Kyiv. Below see an outside shot of the amazing palace-like train station in Kharkiv. For the benefit of my grandson, who loves trains, I also include a picture of the train we rode back to Kyiv tonight.

Unlike Monday, today's ride was mostly in the dark. I met another memorable personality on the train--a big, voluble and gregarious man named Slava, We chatted about Ukraine, Russia, America, Salt Lake City, Utah, etc. while he proceeded to lay out his dinner on the little drop down table before him. Oh my--a loaf of bread, a liter or two of apple juice, another liter or two of some alcoholic beverage, an entire can of olives, and two huge containers of ham--these were topped off by sunflower seeds, more drinks, and a couple of rounds of tea delivered by the uniformed functionaries in clear glass cups held by intricately wrought silver drink holders. I think it took him two and a half hours to finish eating.

I later fell asleep during the return trip, and awoke just before we reached Kyiv at about 10:15 p.m. Tomorrow we teach at the Taras Shevchenko University and the National Aviation University.

Vladimir Counted Laps

This misty and cold morning I ran about five miles through the cobblestone streets of Kharkiv, sticking mainly to the sprawling Ploshchad Svobody (Freedom Square). I also ran through several other main thoroughfares, where there are many statues, including a monumental image of Vladimir Lenin which dominates the center of Freedom Square.

I figure it was about a half mile lap around the huge square, and so my friend Vladimir helped me to count laps.

As far as I can tell, the other statues are of soldiers defending the city from the Nazis in World War II, and an equestrian statue of, I'm guessing, a Cossack founding father.

Kharkiv's Plóshchad' Svobódy

I slept like Lenin in Lenin's tomb last night (there is a monumental statue of Lenin in Площадь Свободы--Ploshchad Svobody--hence the historical reference) and I am up early and ready to go! I was exhausted last night, but am slowly adapting to the jet lag.

I forgot to mention my new best friend--Mamadu--a six foot three African from Senegal who works as a doorman at my hotel, the Hotel Kharkiv. Mamadu is a student at Kharkiv University and has been a delight to visit with. He tells me that early in the morning there are many runners who circle the vast Ploshchad Svobody or Freedom Square. I'll give it a try in a couple of hours (with my orange running vest on, of course--the drivers are crazy--Tetiana told me yesterday that the previous Judge was almost run down by a car last week as they were trying to cross the cobblestoned square). Tetiana also told me that this is reportedly the largest square in Europe.

Not only is the hotel on this square, but also Kharkiv University. Some pictures taken on the square are attached (including this awesome aerial shot, which I obviously didn't take because it is a-from an airplane and b-during the summer). Also shown is my sweet writing desk in my room in the Hotel Kharkiv, a picture of me on the square and one of Tetiana, and finally me on the steps of one of the monumental Soviet-era University campus buildings facing the square, and my friend, the stray dog getting into the pic.

Teaching in Kharkiv

I taught two sessions today in Kharkiv with the able assistance of Tetiana Rogozianska. We were first at Kharkiv University, which has a grand old campus on the main Freedom Square, then later in the evening with students from the National Law Academy of Ukraine (named for Yaroslav the Wise). The students were extraordinarily bright and courageous, and both groups freely volunteered to try their hands at a little direct examination as part of a lecture on witness preparation.

Tetiana is a very fine teacher and has a winning rapport with the students and faculty. She is a great asset to the Leavitt Institute.

It is now early evening on Monday, and I have had only about three hours sleep in the past 36 hours, at the same time traveling probably 10,000 miles by plane and train. I am ready for a long sleep.

The Birches Seemed Dream-like

After about three hours of sleep I met Tetiana Rogozianska at 6:00 a.m. for a wild taxi ride to the main Cathedral-like Kyiv train station, and then a six hour train ride to the eastern city of Kharkiv. We found seats in one of the cars, which soon filled up with a variety of travelers--old and young. We spent the first hour or so of the journey talking about the teaching assignment. I then had much opportunity to watch the fascinating countryside slipping by outside the window. Only an hour out of Kyiv the landscape was amazingly open and sweeping, with snow covered fields surrounded by thick stands of trees. There were many small villages, most with very old brick railway stations, a few fence lined streets and old houses with freshly painted yellow, green or blue doors and woodwork. I saw an old couple pulling a small sled on a rope through the trees lining the railroad tracks, a couple of old horse carts and many uniformed militia guards at sleepy railroad crossings.

I gazed for hours at the endlessly fascinating landscape passing through the window, every coop, shed and dacha has fine paintwork and trim. Most beautiful were the trees, thick stands of maple and beech, their branches filled with migrating birds. It was a misty, cold and icy day, and truly "the birches seemed dream-like on account of that frosting."

Courage, Service, Humanity

I'll confess that today had a few tense and even frightening moments--when the plane seemed about to crash in Paris, when I missed my connecting flight, and when I momentarily couldn't find anyone at the airport (David & Chelom Leavitt were outside with their driver).

As our plane descended into the heavy cloud cover over Kyiv this evening, just after sunset, I marveled at how the pilots are able to land these big birds in the darkness and mist. Even with a full instrument panel, it takes a great deal of courage to fly a plane.

David & Chelom Leavitt's organization has had a motto of "Courage, Service, Humanity" for several years. I like that very much, and especially since it so well describes this couple. They are truly courageous people. In 2004 and 2005 they brought their entire family to live in Kyiv, during the Orange Revolution and its aftermath, no less. And this year they have again moved to Kyiv for several months to oversee the B.U.I.L.D. Initiative and to work with the mock trial teams in the spring. I saw several of the kids at their home this evening. They truly epitomize the qualities of "Courage, Service and Humanity."

The New Apartment

Well, its after midnight on my third day awake, and I can't sleep because my body is still on Mountain Standard Time (i.e., 3:00 in the afternoon), so I might as well post a few more comments.

Attached are pictures of the new apartment, which is directly across the street from St. Michael of the Golden Domes and the statue of the Baptizer. This should make a nice location from which to engage in my daily running (although, because I will be gone each week from Monday at 6:00 a.m. until Tuesday at 10:00 or 11:00 p.m. because of the teaching commitments in Kharkiv, my running in Kyiv may have to be on Wednesday through Saturday).

The only downside of the apartment so far is that it is a little cold--notwithstanding three radiators in the rooms. I suppose this is my just desserts for feeling too hot in the last apartment.

Adventures in France

I left Salt Lake City on Saturday at 4:45 p.m. on Air France, and had one of the great travel adventures of my life. The plane was completely booked. There was not a single free seat on the plane. In fact, our takeoff was delayed for about a half an hour while the captain plead for four passengers to come forward and volunteer to leave the flight and take another one Sunday and a $600 Delta credit. Presently four older gentlemen left, and we were underway. I found that my seat was in the center of the center aisle the second row from the back, near the galley. I was surrounded by what appeared to me to be a Danish or Norwegian ski team—they were speaking some Germanic language (but not German or Dutch) in any event. I had previously set my watch by Kyiv time, and tried to sleep shortly after dinner. I succeeded in getting three or four good hours of sleep. I essentially hunkered down in the midst of my Norse sports team and slept.

All went well as we proceeded across the Atlantic, over Greenland, Iceland, Ireland and England and we had made up all the time we had lost in Salt Lake City on the ground. However, as we crossed the English Channel and flew towards Paris, heavy winds picked up and the pilot instructed the flight attendantds to buckle up. We then went through the wildest flight I have ever experienced. The plane was thrown around like a rag doll, up and down, side to side. The thing creaked and banged, and everyone held their collective breath. I was actually starting to feel a little quesy, and I noticed a similar reaction from other passengers. It got progressively worse, and as we descended the last hundred feet toward the runway, we were being thrown around so violently that I feared a crash. The pilot put the plane down, and the passengers burst into spontaneous applause.

That was just the beginning of the adventures. Next, we taxied to the terminal, but the pilot soon announced that due to winds of 75 to 100 miles per hour, the airport had instructed that it would be unsafe to connect the gangway to the plane. So we sat just outside the terminal for about an hour and a half, the plane shaking violently in the wind. Meanwhile I was alarmed as the time to board my connecting flight to Kyiv came and went. Finally, about five minutes after the scheduled takeoff of my Air France flight to Kyiv, we were given the go ahead to leave the plane. I ran down a long hallway of moving conveyers to the nearest information board, which must have been a quarter of a mile away. There I noticed that the Air France flight to Kyiv was also delayed for a few minutes due to bad weather. I found out the gate and terminal numbers and followed an endless stream of signs. Presently the signes brought me up several levels to a high speed tram station! I boarded the tram and then exited at yet another maze of walkways leading to my departure gate. And there I waited as the departure was pushed back again and again. Finally, about two hours after the original departure time, we were allowed to pass through the boarding station—

But the adventure isn’t over—instead of walking directly out to a plane, we were shown a staircase, which went directly down onto the tarmac, where we were placed in a waiting bus (with no seats). It was freezing, with high winds and blowing snow, and the doors were kept open at least twenty minutes while all of the Kyiv-bound passengers boarded. Then, we drove around the mammoth airport for about twenty minutes—and parked, with the engine running for another ten or twenty minutes. Finally, they opened the bus doors and we were ushered to a little cement tower with about six flights of stairs, which we climbed, luggage and all, and were then ushered into a plane! It was bizarre! But, I am now safely seated in my Air France flight to Kyiv. I hope the rest of the journey is completed without incident.

Adieu to the Family

This trip will be my longest separation from my family since my first year of law school, when Julie came to Salt Lake City to have Jenny while I stayed in Salem, Oregon. That was the longest two months of my life. This trip I will be gone almost a full month, including my teaching assignment in Ukraine and then spending a couple of weekends in Israel with Max and Brooke.

March Teaching Schedule

Brief Update: I have been asked by the Leavitt Institute to teach in Ukraine during the first two weeks of March. I leave Salt Lake City on Saturday the 27th of February and will arrive in Kyiv on Sunday the 28th after a layover in Paris. I depart Kyiv on Sunday the 14th of March and fly to Prague and then to Tel Aviv, where I arrive on the 15th. I will be in Israel until Monday the 22nd of March.

I look forward to a wonderful experience!

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.