|
He ain't Eddie, he's his brother --
Brian
Edward is the better known Greenspan,
but his younger brother has stepped into the spotlight defending
a convicted killer and a hands-on judge
By GAY ABBATE, Globe
and Mail, COURTS REPORTER,, Oct 2, 2004
Without warning, Brian Greenspan
grabbed a long black robe and slipped it on. "See,"
the veteran lawyer told the judicial disciplinary panel hearing
sexual harassment allegations against his client, a judge. "It
is difficult to know where the genitals are located," he
said, pointing to the zippered front of the gown, the same type
worn by female registrars at the Barrie court where Judge Kerry
Evans presided.
Mr. Greenspan left the gown
on as he continued his cross-examination of the complainant,
one of several courthouse employees who said the judge groped
and kissed them.
Such theatrical courtroom gestures
are more in keeping with the courtroom techniques of his better
known, more flamboyant sibling Edward, but it typifies the well-mapped-out
defence strategies for which Brian is known. "I didn't forget
the gown," he said later.
Where Edward, 60, is a showman
and more gregarious, 57-year-old Brian is considered more erudite
and more elegant in the courtroom and his intimate knowledge
of the law is unsurpassed, admirers say.
His ability to bring to a case
both intellectual rigour and, on occasion, a little drama brought
him to the legal team that represented Robert Baltovich this
month in the appeal of his 1992 murder conviction in the death
of his girlfriend, Elizabeth Bain. The eight-day hearing wrapped
up this week with the judges reserving decision.
While Edward is known to tug
at the heartstrings of jurors to argue a case, Brian usually
sticks to the law, says Daniel Brodsky, a criminal lawyer and
friend who says the younger Greenspan was an important ally in
Mr. Baltovich's corner. Brian's role in the Baltovich hearing
was to point the finger at convicted murderer Paul Bernardo as
the probable killer.
"You want someone who
has sufficient respect of the appeal judges so they won't dismiss
the issue outright," Mr. Brodsky says. "You want someone
untouchable, someone not considered a flake or someone who will
grandstand."
Brian, he says, never browbeats
opponents, but tries to bring them to his point of view in a
logical and persuasive manner. "He teaches you the law and
it's like having your Grade 4 teacher teaching you again."
He's so well regarded within
the legal profession that it's almost impossible to find anyone
who does not sing his praises.
"I've never heard a bad
word about him, and that's remarkable," says criminal lawyer
William Trudell, a colleague and friend for 30 years who succeeded
him as president of the Ontario Criminal Lawyers Association.
While Edward draws clients
by his name and reputation alone, Brian tends to get more referrals
from other lawyers whose clients need expert advice or specialized
representation. "He's at the top of the referral list because
he is a problem solver," Mr. Trudell says.
Brian has been a director of
the Association in Defence of the Wrongly Convicted for the past
nine years, but his clients are not always on the right side
of the law. Judge Evans was found guilty this week of professional
misconduct, and Brian's defence of disgraced hockey czar Alan
Eagleson made headlines, drawing his way some of the public anger
directed toward his client, who eventually pleaded guilty to
fraud.
Despite some high-profile cases,
Brian hasn't gained the public recognition of his brother, who's
been called "Fast Eddie" for the pace with which he
picks up cases. Brian doesn't have a nickname, although his brother
calls him "Mr. Perfect," recalling the day he received
his law degree. "Why can't you be more like your brother,"
Edward recalls their mother telling them. When Edward pointed
out that his law degree was three years old, she told him to
keep quiet.
Brian began his career by following
in his brother's footsteps, graduating from the University of
Toronto and then studying law at Osgoode Hall before charting
his own course by going to the London School of Economics and
Political Science for his masters in law.
The two worked together for
one year before parting ways, and now attribute their close relationship
to having separate practices, though they breakfast together
on Sundays.
The brothers say they are not
professional rivals, but they do poke fun at each other. "I'm
thinner," says Edward, who was always the heavier but this
year lost a substantial amount of weight. "This is a historic
moment."
Both brothers are workaholics,
but Edward says his brother leads a more balanced life. Brian
takes time to travel and spend time with his wife and kids, who
share their father's passion for sports.
Brian can often be found watching
the Toronto Blue Jays from his front-row seat along the first-base
line, but his favourite pastime remains the law, and he says
he never intends to retire. Indeed, his hope is to take his last
breath in court. "They will carry me from the courtroom
after a successful verdict," he once told a funeral director,
"or appeal directly to your funeral home."
© 2004 Bell Globemedia
Publishing Inc. All Rights Reserved.
|
Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
