Interview with the Surfing D.A.

James W. Garrison, ESQ

by

Katharine E. Monahan Huntley

"Lawyers don't surf."

"This one does."—Point Break

James W. Garrison, Esq. leads a dual existence of surfer and lawyer, defying the nature vs. reason dichotomy. This Deputy District Attorney for Los Angeles upholds our justice system by day, specializing in sex crimes and hardcore gangs; evening and weekends—he shreds waves. In the following cross-examination, Jamie makes a few snap judgments for Write Between the Lines.

LINES: You've practiced law in Santa Cruz, Hawaii, and now in Los Angeles. What are your surf spots?

Jamie: Pleasure Point, Steamer Lane, and The Hook in Santa Cruz; all over Hawaii; Malibu in summertime, Ventura in the winter. The challenge in L.A. is to find good waves without the crowd.

"If you surf, don't stop. If you don't surf, don't start."—Surf Motto

Jamie: Anybody that's interested, should try to surf. No one has a special right to the ocean.

LINES: Surf Nazi's must die?

Jamie: Surf Nazism—wave territorialism, was more 70s early 80s, although localism survives in certain areas.

LINES: Speaking of rights, the Miranda decision clarifies that the accused must be advised of her/his right to an attorney before the police take a statement. Everyone has the right to counsel under the Fifth and Sixth Amendments. Why, then, would a defendant wish to represent her or himself?

Jamie: A lot of defendants do it to manipulate or to stall the system. In one case I tried, the defendant who acted as his own attorney plugged his ears and screamed gibberish at the top of his lungs while the judge addressed the jury.

LINES: What happened?

Jamie: He was removed from the courtroom to his jail cell while we conducted the trial.

LINES: Guilty or innocent?

Jamie: Guilty.

"Watching the detectives"—Elvis Costello

LINES: I read an intriguing article in the LA Weekly about private investigators and their undercover work for the FBI, DEA, and, of course, the tabloids. Do you collaborate with detectives often?

Jamie: LAPD detectives. Not P.I.'s. Detectives investigate criminal cases for the prosecution. They carry a badge and a gun, and can make arrests. Defense attorneys hire private investigators to interview witnesses on their behalf.

LINES: I know you have a badge. Do you also have a gun?

Jamie: No. I sleepwalk. It wouldn't be a good idea.

"I've seen the needle and the damage done."—Neil Young

LINES: Murder case example?

Jamie: In People vs. Fernandez, the defendant was mentally disturbed. A hanger-on of the victim, who happened to be a prostitute. He scored heroin for her. They had some sort of altercation. He choked her with a towel, and then stuck hypodermics in both eyes. Her best friend, also a prostitute, was an eyewitness. She had knocked on the door, he answered, and when she looked past him she could see her friend—dead—lying there with the towel wrapped around her neck and eyes pinned shut. She ran and told the building's security guard.

LINES: What happened next?

Jamie: She was initially questioned, then let go.

LINES: Do you usually ask the witness not to leave town?

Jamie: With transients you can only hope they're around when it comes time for trial. She did disappear for awhile. We were able to track her down in Las Vegas where she was in custody. We flew her in from Vegas to Burbank with two LA investigators. I met her at the airport. She was a material witness with relevant testimony.

LINES: And a character witness?

Jamie: Hardly.

LINES: Was Fernandez found guilty or innocent?

Jamie: Guilty.

LINES: Was that considered a sex crime?

Jamie: No. Just a run-of-the mill murder that came down the pike in the Central Trials unit.

LINES: Okay. . . . This line of questioning is finished. Time to hit the beach.

"And baby that's all there is to the coastline craze/You gotta catch a wave and you're sittin' on top of the world."—The Beach Boys

LINES: What are your favorite surf songs?

Jamie: Beach Boys "Catch a Wave," Kaau Crater Boys "Surf," Soundgarden "My Wave."

LINES: Surf cuisine?

Jamie: Mexican food—no question about it. Corona with lime after a good session.

LINES: What about the surf culture? It definitely appears to have a specific aesthetic. And attitude.

Jamie: True. There always has been since the beginning of surfing. Surfers are risk takers—that translates into the lifestyle; the artistic direction of surf fashion, art, and music.

"The first surfing movie was made by Thomas Edison, who filmed some surfers at Waikiki in 1898."—Hang Ten: A Collection of Surf Wisdom

LINES: What's your favorite surf movie? North Shore?

Jamie: [Shakes head and smiles] No, it wouldn't be that one. But I did just see Turtle in Malibu teaching someone to surf.

LINES: The actor or character?

Jamie: [Laughs] I see him all the time. He gives what appear to be surf lessons.

LINES: Where do you go on surf safaris?

Jamie: Costa Rica.

LINES: What's the allure?

Jamie: On the road surfing new breaks. Surfing with friends. It's all about the adventure.

LINES: Why is your nickname Sharkman when "shark" is such a pejorative term in your profession?

Jamie: That happened before I decided to become a lawyer.

LINES: Why did you go into law?

Jamie: The Oliver North hearings were a big influence.

LINES: Winona Ryder, Robert Downey Jr., the infamous O.J. Are celebrity trials and tribulations unlike those of ordinary citizens?

Jamie: Their experiences are always going to be different. They have plenty of money to hire high-priced lawyers to bail themselves out of trouble. Our office attempts to treat everyone equally. Sometimes, however, juries are more sympathetic to celebrities. Less willing to convict someone they think they know.

LINES: Speaking of courtroom drama performances, how much of an actor does an attorney need to be?

Jamie: That's a common misconception. I think juries find the genuine argument more believable, even if the presentation is unpolished, and tend to distrust the flamboyant performance.

LINES: What are you involved in now?

Jamie: Hardcore gangs in the Valley. My current caseload is ten gang murders. One is a special circumstance murder case involving eighteen defendants. The 19-year-old victim was beaten with fists and crowbars and stabbed thirty-three times.

LINES: What are considered "special circumstances"?

Jamie: Special circumstances change the case from murder to murder eligible for the death penalty. Kidnappings, sex crimes, torture . . . rape/murder is the most common example.

Note: The Los Angeles Times August 10, 2002 issue reported on Mr. Garrison's aforementioned case. The "special circumstances" are "lying in wait and conspiracy to commit murder." Five of the defendants are juveniles.

Update: The trial began July 14, 2003. Stay tuned for further updates . . .

"Some people ask what makes Iago evil. I never question it."—Joan Didion Play it as it Lays

LINES: Do you believe in evil?

Jamie: Yes. I've known many people who have done evil things. Pure evil.

LINES: Do you believe in redemption?

Jamie: [Long pause] There are people who will never be rehabilitated. Prison is filled with people who never should be released.

"If we are to have faith in justice, we need only to believe in ourselves, and act with justice . . . I believe there is justice in our hearts."—The Verdict

LINES: What television lawyer shows do you watch?

Jamie: None. It's too much like work. Same with books. Either it's too fake or too real.

LINES: Surfing on television?

Jamie: I watch anytime it's on.

LINES: Favorite lawyer movie?

Jamie: The Verdict

LINES: Would you ever switch sides? Become a public defender?

James: Never. Not in a million years. I won't compromise my principles by using any skills I have to defend people who commit heinous crimes. I could never live with myself, no matter how much money I was paid.

LINES: Will you ever run for judge?

Jamie: No. I'm not into self-promotion.

LINES: You rarely lose in court—which is no mean feat. Your cases are intellectually and emotionally complicated. How does surfing play into this?

Jamie: It's escapism. Spiritualism. Surfing makes you believe in a higher source. One end of the spectrum is the humdrum and stress of the corporate ladder. Surfing connects you with something mystical.

"Wish you were here."—-Incubus

The last day of the surfing D.A.'s interview took place in the beautiful Malibu Lagoon at Cross Creek—located between the back doors beach of the famed Malibu Colony and Surfrider Beach. Lounging on low chairs, we watch power surfer Kelly Slater chat with fans, Blue Crush producer Brian Grazer walk by in his wetsuit, and Incubus lead singer Brandon Boyd ride a few waves. A glittering summer's day. Attorney talk overruled in favor of nature's treats.

Full Disclosure: James W. Garrison, Esq. is the brother-in-law of Write Between the Lines' Editor and Publisher. And yes—he's legally blond.