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The trial opened on May 17, 1971. John V. Kenny, through his counsel, pleaded for postponement on grounds of ill health. At age 78, the Little Guy had just undergone a hernia operation. Judge Shaw denied the request, and Kenny came to court in a wheelchair accompanied by a nurse.
For Stern, the trial was the most grueling yet. Although frequent recesses had to be called so Kenny could rest, the court sessions often ran from 9:30 A.M. past 6:00 P.M., Monday through Saturday. And in the sticky spring weather the courtroom air conditioners were inadequate to cool the crowds-mostly political hangers-on from neighboring Hudson County - who came to Newark each day. To save the two hours' commuting time each day, Stern checked into a motel near the courthouse. For him, the trial meant a series of 18-hour days.
"The role of a prosecutor in these cases is somewhat different from a defense attorney's," he explains. "A defense attorney just has to sit back and listen to the evidence. He's looking to poke a little hole somewhere and claim reasonable doubt. All the defense needs is a little crack in the door and you've had it.
"A prosecutor has to have his evidence completely prepared. Every i must be dotted and every t crossed. Otherwise, you're inviting a debacle. If your witnesses are not prepared, they'll fall apart on the stand.
"You're working against a presumption of innocence, proof beyond a reasonable doubt, against men who are literally fighting for their lives, reputations, power. When you're dealing with an Addonizio or a Kenny, these kinds of cases are not equal contests. The mayor of Jersey City has the full resources of the Jersey City Police Department. He did not lack for investigative tools and devices. These were not people friendless and alone. These were rich, powerful, wealthy, influential men. We had to be perfect."
No prosecution is perfect. But Stern's seemed close to it. One of the defense attorneys compared him to the commander of the Third Army in World War Two: Anv general in command of such a well-trained, well-equipped force couldn't help but look good, and any prosecutor possessed of such evidence couldn't help but look good.
Stern disagrees. "The whole case was Manning," he says. "If Manning's testimony was believed, every single one of the defendants would be convicted - with the exception of Kunz, who was a very peripheral defendant. If he was believed, the whole rotten system was finished. If he was not believed, everybody walked out free and went back to business as usual. The whole case was put together with the idea of corroborating the testimony that Manning was going to give."
The corroboration was overwhelming. Stern boasts that the defense "didn't have one good day" throughout the seven weeks of trial.
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