Morganthau, Robert

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Pace Law ReviewVolume 16Issue 2 Winter 1996Tribute--Vincent L. BroderickArticle 4January 1996On Vincent BroderickRobert MorganthauFollow this and additional works at: http://digitalcommons.pace.edu/plrThis Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace LawReview by an authorized administrator of DigitalCommons@Pace. For more information, please contact cpittson@law.pace.edu.Recommended CitationRobert Morganthau, On Vincent Broderick, 16 Pace L. Rev. 197 (1996)Available at: http://digitalcommons.pace.edu/plr/vol16/iss2/4On Vincent BroderickRobert Morganthau*I first met Vincent Broderick in 1948, when we were bothVeterans who had graduated law school and were starting ourprofessional careers in New York City. I came to learn that hehad been a Captain in a Field Artillery Unit overseas. Observ-ing his thick glasses, I wondered how he had qualified for com-bat duty. It was not until later that I discovered that he hadpersuaded a friendly doctor to certify that he had passed the eyeexamination. This was, undoubtedly, the only time VincentBroderick was involved in a fraud, but a little matter of badeyesight was not going to keep him from serving his country.And I have not heard of any reported victims of friendly fire.When I was appointed United States Attorney, for theSouthern District of New York, one of my first acts was to askVincent Broderick to be the Southern District's Chief AssistantUnited States Attorney. He was a fine trial lawyer. He alsotried and won convictions in two important and sensitive espio-nage cases, United States v. Drummond and United States v.Soblen. He tried a case of fraud, perjury and false statementsagainst officers of Washington Heights Savings & Loan Associa-tion, a case that received fairly wide news coverage. Defensecounsel asserted in summation that the case was brought by theUnited States Attorney and the FBI to further their politicalcareers. To this, Broderick said to the jury "if you believe thatfor a moment, then you should acquit." The jury reached aguilty verdict in less than an hour.He was also a great teacher and role model for young as-sistants. His door was always open for discussion and advice.His partners in the United States Attorney's Office came tolearn that he had a subtle, sometimes wicked, sense of humor.A surprise birthday party was planned for Sil Mollo, the long-time chief of the Criminal Division, and it was necessary tokeep Sil occupied for ten or fifteen minutes so that the refresh-* District Attorney of New York County, New York.1PACE LAW REVIEWments could be set up and the assistants could gather. Vincentvolunteered for decoy duty. He went in and picked a fight withSil, saying that a defense lawyer, whom Sil did not trust, hadtold him that there had been an illegal search in a pending caseand that he - Vincent - was going to instruct the assistant toconsent to a dismissal of the case. Sil told him that he could notdo that without getting the boss' approval, and that if Vincentwas insistent on doing it, they would have to see Morgenthau.Broderick finally said, "Let's go see Morgenthau." As theywalked out, the assistants were gathered to sing "Happy Birth-day" to Sil.Vincent Broderick held strong views about equal justiceand about discrimination against minorities. In the Drummondcase, in which the defendant was a black sailor, Broderick wasurged by his co-counsel to use a peremptory challenge against ablack juror. Broderick refused to do it, saying it was unconsti-tutional to strike a juror solely on the basis of race. In takingthis view, he was twenty-five years ahead of Batson.After being appointed Police Commissioner in 1965, heasked an extremely talented thirty-one-year-old African-Ameri-can Assistant United States Attorney to join him as DeputyCommissioner for Legal Affairs. As Frank Thomas said to merecently, that was an unusual move for a Police Commissionerand sent a strong message to the Department about the Com-missioner's views on discrimination.Those of us who knew him in the United States Attorney'sOffice remember his quiet strength, his integrity, and his innatedecency. We also remember that throughout his career he wasfortunate to have a wonderful wife, Sally, and six great chil-dren. They were supportive of him, and he returned their affec-tion and support.198 [Vol. 16:1972http://digitalcommons.pace.edu/plr/vol16/iss2/4

On Vincent Broderick

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On Vincent Broderick

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