Summary Judgment
A Lawyer’s Memoir
by Donald Cameron Clark, Jr.
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Pub Date Sep 07 2021 | Archive Date Sep 06 2021
Girl Friday Productions | Sgian Dubh Press
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Description
Everyone leaves death row. Few leave it alive. During the summer of 1984 twenty-year-old Tommy Hamilton, the product of a deprived childhood in rural Alabama, shoots and kills his boss. Convicted of murder, Tommy is sentenced to death.
Before facing the electric chair, one final appeal offers the chance to save Tommy’s life, if only his two Chicago-based lawyers and a nun from Alabama can prove he is not legally guilty…even if he is not truly innocent. Tommy fears an incarcerated life more than the electric chair. As limited as his intellect is, he realizes that even a reduced life sentence without the possibility of parole is—like electrocution—a death in prison sentence.
If his lawyers are unable to get him out, Tommy professes a willingness to be executed. Despite a material witness allegedly committing suicide and their client escaping from jail during the court proceedings, the lawyers present evidence that perjury tainted both Tommy’s conviction and death sentence. Nevertheless, the judge assigned to determine Tommy’s fate maintains that, “Hamilton may deserve the death penalty and he may yet receive it.”
Summary Judgment is the fascinating true crime story told by one of Tommy’s lawyers that reveals how this life-and-death case unfolded in real time.
A Note From the Publisher
His legal practice focuses on high-stakes trials and religious liberty jurisprudence. He established the constitutional right of clergy to solemnize same-sex marriages in North Carolina and reversed the conviction of an Alabama death row inmate.
Clark began his professional career as a trial attorney at some of Chicago’s most venerable law firms. He became the General Counsel for the United Church of Christ, a Protestant religious denomination with five thousand churches headquartered in Cleveland, and received a Lifetime Achievement Award from Crain’s Cleveland Business.
A graduate of Rutgers Law School, Clark received its Distinguished Alumni Award and was recognized among “Rutgers-Camden’s Finest.” He received an honorary Doctor of Letters degree from the Chicago Theological Seminary where he served as Chair of its Board of Trustees and Acting President and remains a Life Trustee.
Clark is Executive Producer of the award-winning feature film Guest Artist, written by and starring Jeff Daniels. He produces plays on Broadway and in regional theaters. Clark co-owns the Chicago Magic Lounge—a nightlife venue that is top rated on Tripadvisor and one of “Chicago’s Best” according to Chicago Magazine.
Clark authored a cover story in the Christian Century, law journal articles, and countless legal briefs. He debated First Amendment issues at the Vail Symposium and lectured at the American Academy of Religion. He has delivered numerous speeches and commencement addresses.
Summary Judgment is his first book.
Advance Praise
“Summary Judgment is a compelling true story that exposes how conviction of innocents is not the only flaw to be guarded against in our criminal justice system—particularly in cases seeking to impose the death penalty. The book tackles the murky waters of justice for the guilty and will be of great interest to anyone who wants to know more about the legal and moral intricacies of defending a person facing a death sentence. With great honesty, Donald Cameron Clark, Jr. offers an insider perspective and captures the complexities of a fascinating life-and-death case.”
- Sister Helen Prejean, C.S.J., death penalty abolitionist and author of Dead Man Walking (1994), The Death of Innocents (2006), and River of Fire (2020)
“A meticulously detailed and often stirring account of one lawyer’s dedication.”
- Kirkus Reviews
“Summary Judgment is fantastic. If you want to know what it’s like to be a good lawyer, one who thinks client first / winning second, then this is the book for you. Donald Clark’s point of view of a lawyer defending a client facing the death penalty, hasn’t been created through the research most writers would need to do. Donald Clark actually lived this. A fantastic story, swift page turner, and a smart, fun read. I love this book!”
- Timothy Busfield, Actor, Director, Producer
“Loved the book! Summary Judgment is an extraordinary behind-the-scenes account of a dedicated legal team volunteering in post–death penalty litigation, including the lawyering that is involved. I recommend it for lawyers and non-lawyers alike as a tremendous example of lawyers upholding their oaths to ensure that justice, rather than retribution, is served.”
- H. Thomas Wells, Jr., President, American Bar Association (2008-2009).
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ISBN | 9781736807705 |
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Featured Reviews
From its tone, voice, and legal rigor, Summary Judgment is a book that is clearly written by an attorney. But, it is also a great story, told well. In typical true crime fashion, its first pages contain a murder. This murder, which takes place in rural Alabama, would turn out to be a life-changing event for the author, a successful corporate litigator and family man in Chicago, Illinois, who was actively seeking greater fulfillment than just “winning” cases. He was also looking for opportunities to give back.
The author’s quest led to several pro bono legal defenses, one of which involved a minister who had been arrested for allegedly soliciting an undercover policeman. The author’s recounting of his own career, his personal desire to pursue so-called un-winnable cases, the facts of this case, and his litigation strategy provide an excellent preview of the rest of the book.
The rest of the book is about the murder -- who did it, context and circumstances, the ensuing death-penalty trial, appeals, litigation strategy, the horribly unjust implementation of the death penalty, and the consequences of incompetent legal representation. The author was selected by the ABA Death Penalty Representation Project to represent Tommy Hamilton who killed Lehman Wood in the Bankhead National Forest near Moulton, Alabama. Realizing the obvious difficulties that he would face as a Chicago corporate lawyer interacting with the Alabama courts, the author enlisted, among others, the assistance of Sister Lynn McKenzie, a Benedictine nun, also known as Ninja Nun. To quote the author: “While those of us in law firms catering to corporations were doing well in life, Lynn and her sisters were truly doing good.”
The time span of the author’s most intensive involvement in Tommy Hamilton’s case ran from 1984 to 1996. The book provides much detail that may well be best appreciated by legally trained readers. But still, it is riveting. Much discussion is devoted to the death penalty. There is no sugar-coating in the recounting of events.
Ultimately, this book is a case study that graphically illustrates an important truth: Justice is not merely about exonerating the innocent or simply winning at trial. A lawful result may not be achieved by unlawful means. The legal process, which is too often flawed, matters.
Seeking justice is frequently quite messy.
An amazing true story, candidly told from a lawyer’s perspective!
Tommy Hamilton is sentenced to death for killing a man, along with his then wife and sister, their punishment wasn’t as harsh. Tommy wants to be freed or take the death penalty. Tommy’s mother campaigns to see her son dealt with fairly, she would rather he stay alive than die.
This is a brilliant description of a convicted criminal living on death row.
Donald Cameron Clark Jr is talented in explaining the legal considerations, history and trial research, the process of appeals and delving into the guilt or innocence and mental health of the accused.
If you love a true story and you’re interested in the legal system, this book will be of great interest.
Thank you to Donald Cameron Clark Jr for writing a detailed portrayal of the legal system. An enjoyable and well-written book!
‘I voluntarily read and reviewed an advanced copy of this book. All thoughts and opinions are my own.’
I loved the perspective from the author as a defense lawyer. He provided a multitude of information regarding his client’s case, giving the reader an insider’s look on a homicide. This book is perfect for fans of John Grisham.
Don Clark’s offering, Summary Judgment, follows quite an interesting career from an early stage, but deals extensively with a death penalty case that he took on pro bono, after it had been tried. I did not know there was such a thing as a collateral relief proceeding. But that is what Clark came to offer his services for. There is considerable legal language but it does not stand in the way of this unique volume. Clarks work will be of special interest to other lawyers but is quite accesible to all. A worthy read.
Thank you to Netgalley for an advanced copy of this book in exchange for an honest review.
I love anything to do with the law, and this book was right up my street. Full of history on the law on the death penalty in the US. A good read. Recommended.
"I was not so much defending the man and what he had done as I was defending the law under which he should have been tried in the first place. This may be difficult duty for a lawyer in the case of the factually guilty client, but it is necessary for our free society nonetheless."
Clark's book starts off with one very clear fact: his client Tommy Hamilton was guilty of murder. He was on death row in Alabama (a state that today "continues to sentence more people to death per capita [...] than any other state") and Clark was chosen to represent him through the Death Penalty Representation Project.
Clark's book gives readers a look at his early life as a lawyer before jumping into his retelling of his work on Tommy's post-conviction hearings. His detailed history of the death penalty in America was fascinating and well researched. And his efforts on behalf of his client give me hope for the justice system.
Clark's retelling of this case is mixed in with helpful explanations of his actions for readers (like me) who are not well-versed in law, court cases, and legal strategy. I was worried I wouldn't be able to follow along with all the ins and outs of a case like this, but Clark does a great job of detailing his thoughts and actions which helped me really experience the ups and downs he did during the trial.
Overall, this was a fascinating story of one counselor-at-law who fights to make sure his client gets the fairest representation, regardless of his actions. As a fan of true crime, I really enjoyed getting a firsthand look at the legal aspect of a case like this. Clark clearly took his role in these proceedings very seriously and his passion and commitment to his client and justice as a whole is incredibly inspiring.
This is a case I have not heard before and I was looking forward to read it. I liked how the chapters are organized in a clear manner. I appreciate the depth of research done in this book but I struggled to be really invested in the book. The writing was a little dry and too textbook-like. I wasn't able to finish it. But I am giving this book a rating based on the contents in this book which I still think it is good.
Pub. Date: Sep 7, 2021
***Thank you Sgian Dubh Press and NetGalley for this gifted review copy to read and review. All opinions expressed are my own.***
Summary Judgement is the true story of Tommy Hamilton, convicted of murder and sentenced to death in rural Alabama, written by his appeals attorney. Meticulously researched, the book does get bogged down at times as the author delves into the history of the death penalty, and at other points when he cites specific court rulings to support his appeal briefs. While there is no doubt of Tommy’s guilt, there are valid questions as to how fair the sentencing process was, and that constitutes the bulk of this story. While I don’t necessarily agree with the author’s POV on the death penalty or his client’s culpability, it’s an interesting insider look at the process, one we rarely see, and that makes this a worthwhile read. I received an ARC of this book from the publisher through NetGalley in exchange for an honest review.