1. Serial Killer Robert Garrow and the limits of Attorney-Client Privilege: People v. Belge: The “Buried Bodies” Case
Kevin M. Walker

2. Robert Garrow Rapist and Serial Killer/”Spree Killer”
Long criminal history, jumped bail while awaiting trial for the rape of two young girls
Arrested after tying up four college aged campers and killing one – Phillip Domblewski (July 1973)
Garrow shot and caught after extensive manhunt in the Adirondacks
Attorneys Francis Belge and Frank Armani appointed to defend Garrow on the Domblewski murder

3. Robert Garrow
Attorneys struggle to develop a defense and gain his cooperation
Garrow reveals he had also
Murdered another camper and abducted, raped, and murdered the man’s companion, and,
Abducted, raped, and murdered 16-y.o. Alicia Hauck
Garrow reveals the locations of the two women’s bodies to his attorneys

4. Robert Garrow
Belge and Armani seek to confirm the information regarding the prior crimes
The lawyers found Susan Petz’s body in a mineshaft - photographed by Belge
Belge and Armani did not find Alicia Hauck’s body; Belge returned a few days later and found her remains. He photographed the body after moving her remains to get a better photo

5. Movie Clip

6. Trial
Attorneys focused on insanity defense for the murder of Domblewski
During his testimony, Garrow admits to killing three other people to support his insanity plea
Belge and Armani admit to knowing the whereabouts of the bodies of the two women
Publically condemned for failing to report the deaths/locations of the bodies
Garrow convicted – sentenced to 25 yrs to life

7. The Dilemma When can a lawyer reveal client confidences?
Onondaga County DA presents Armani and Belge to a grand jury
Armani- “No Bill”
Belge – indicted on charge under the public health law for failing to report the death of person without medical attendance
Should he be convicted??

8. Bill Of Rights The Criminal protections 4th-5th-6th Amendments
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

9. Bill Of Rights Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

10. Bill Of Rights Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

11. Right to Counsel Gideon v. Wainwright, 372 U.S. 335 (1963)
Counsel for indigent defendants
Miranda v. Arizona, 384 U.S. 436 (1966)
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to speak to an attorney, and to have an attorney present during any questioning.
If you cannot afford a lawyer, one will be provided for you at government expense.

12. PA Rule 1.6 - Confidentiality
(a) A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c). (c) A lawyer may reveal such information to the extent that the lawyer reasonably believes necessary: (1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a criminal act that the lawyer believes is likely to result in substantial injury to the financial interests or property of another; (3) to prevent, mitigate or rectify the consequences of a client’s criminal or fraudulent act in the commission of which the lawyer’s services are being or had been used; or

13. PA Rule 1.6 - Confidentiality
(5) to secure legal advice about the lawyer’s compliance with these Rules; or (d) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. (e) The duty not to reveal information relating to representation of a client continues after the client-lawyer relationship has terminated. Amended May 17, 2012

14. Discussion
Should Belge and Armani have revealed the location of the bodies?
Was there a need to “prevent reasonably certain death or substantial bodily harm”
What would you do?
What would you want your attorney to do if you were charged with a crime?

15. Belge & Armani Court dismisses the indictment
Privileged communications
Interests of justice
“The effectiveness of counsel is only as great as the confidentiality of its client-attorney relationship.”
Case appealed to the NY Court of Appeals – upheld

16. Belge & Armani
Armani & Belge suffered for their professional convictions
Death threats, lost clients, lived in hiding
Belge- alcoholic, suspended from practice, died in 1989
Armani – Still living, a hero of the legal community
Frank H. Armani, 2007

17. How the story Ends Garrow moved to several prisons
In September 1978, Escapes Fishkill Prison
His son smuggled in a small pistol
Avid outdoorsman, he evaded capture several times before
NYSP asks Armani for insights
Armani recommends authorities look close to the prison, Garrow is found near the prison three days after escape and killed after a shootout with Corrections officers 500 feet from the prison fence

18. How the story Ends How could Armani provide information to the NYSP?
Client Confidence?
Serious risk of injury
No longer Garrow’s Attorney
My role

19. For More Information
People v. Belge, 83 Misc. 2d 186 (1975), aff'd 50 App. Div. 2d, 1088 (4t Dept. 1975), aff'd 41 N. Y. 2d 60 (1976).
New York State Bar Association, Committee on Professional Ethics, Opinion # /28/78 (33-74),
Privileged Information, Tom Alibrandi with Frank H. Armani, Harper Collins, 1984
Terror in the Adirondacks: The True Story of Serial Killer Robert F. Garrow, Lawrence P. Gooley, Bloated Toe Publishing, 2009
The Toughest Call, Mark Hansen, ABA Journal, posted Aug 01, 2007,
Sworn to Silence, (DVD) 1987