Épisodes

  • Juror No. 6 and the Unexpected Misunderstanding
    Sep 30 2025

    In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on the unpredictable and often mysterious nature of jury selection and engagement, sharing the story of Juror #6 from the challenging Cammarata Racketeering Influenced and Corrupt Organizations Act (RICO) trial. Despite appearing disengaged and distant throughout the trial, Juror #6 proved a key contributor in deliberations, demonstrating the importance of patience and understanding in the courtroom. Mr. Small emphasizes that trial lawyers must craft their narratives with Juror #6 in mind: assuming that jurors are listening and striving to make complex stories accessible and meaningful to every member of the jury, even those who may seem withdrawn. This episode offers a powerful reminder of the human element in trials and the responsibility lawyers have to connect with juries to achieve justice.

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    5 min
  • The View from the Jury Box
    Sep 26 2025

    In this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks with Miami litigation attorney Jose Casal about his recent experience serving as a juror in the Miami-Dade courthouse. Mr. Casal states he wished he had the opportunity to serve on a jury at the beginning of his career because of the perspectives it gave him on how the jury thinks and operates. Sitting on the other side of the bench made him realize that tactics such as objections and impeachments were often seen by jurors as annoying and ineffective, merely slowing down the trial and distracting from its main points. Similarly, the case featured numerous claims and objections, resulting in a 22-page verdict that Mr. Casal found confusing even as a trained lawyer. Based on this experience, Mr. Small and Mr. Casal agree that presenting your case simply and clearly is far more beneficial and convincing for Juror No. 6 than legal technicalities they do not understand.

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    18 min
  • Connecting with the Jury
    Sep 23 2025

    In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the unique and challenging relationship between trial lawyers and juries, illustrated through his experience prosecuting the complex and emotionally charged Racketeering Influenced and Corrupt Organization Act (RICO) case against the Cammarata Organization. He highlights how, despite the inability to converse directly, subtle interactions, gestures and small moments — such as a mishap with a wrapped finger or a cheeky message to opposing counsel — helped build a connection with the jury during the grueling month-long trial. The episode emphasizes the importance of consistently striving to respect, engage and communicate effectively with jurors, reminding trial lawyers that every action, no matter how trivial it may seem, can influence how the jury understands and responds to a case.

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    6 min
  • Bad Facts Make Bad Law
    Sep 16 2025

    In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the exclusionary rule, which states that evidence obtained by illegal methods must be excluded at trial. In the Cammarata drugs-and-murder Racketeering Influenced and Corrupt Organizations Act (RICO) case, a voluntary eight-page confession was initially suppressed under the exclusionary rule because the Texas Rangers did not include the arrested individual's last name on the warrant. Mr. Small appealed the decision, and the U.S. Court of Appeals for the Fifth Circuit ruled in his favor, making the confession admissible at trial. The ruling helped establish the "good-faith exception" to the exclusionary rule, which was soon officially adopted by the U.S. Supreme Court.

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    6 min
  • Actors on a Stage
    Sep 9 2025

    In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on the dangerous yet invaluable role of an undercover agent, exemplified by the Cammarata Racketeer Influenced and Corrupt Organizations Act (RICO) case. The Cammarata Organization, like many organized criminal groups, was highly secretive, and building evidence for trial would be challenging without insider testimony. Working alongside the Texas Rangers, Mr. Small befriended skilled undercover agents and learned their strategies for creating a false persona. The episode offers a glimpse into infiltrating a criminal organization, as well as amusing anecdotes from Mr. Small's first attempt at going undercover at a local honky-tonk.

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    8 min
  • "I Was Just Playing a Role"
    Sep 2 2025

    In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the complicated dynamics of using informants in organized crime cases. Drawing from his prosecution of Sam Cammarata, Mr. Small explains how informants can both help and hinder investigations, especially when they manipulate their insider status for personal gain. He discusses the challenges prosecutors face in building persuasive arguments using informant testimony, tactics defense lawyers use to cast doubt on informant credibility and strategies that help reveal the truth in court. This episode offers insights into the delicate balance required to pursue justice when relying on those closest to criminal activity.

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    8 min
  • Too Dirty for Dirty Crime
    Aug 26 2025

    In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about his experience prosecuting the Cammarata Organization while serving with the U.S. Department of Justice's (DOJ) Organized Crime Strike Force. Mr. Small explains how traditional organized crime groups struggled with the transition into drug trafficking, a business they once saw as off-limits. He details how the Cammarata group's excessive ambition and reliance on violence undermined their criminal enterprises, including failed international deals and brutal tactics that ultimately led to their downfall. This episode explores the realities of investigating organized crime, the economic principles underlying illegal enterprises and how prosecutors use evidence of violence to portray criminal organizations in court.

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    5 min
  • The Godfather of Houston
    Aug 19 2025

    In the 100th episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small introduces his listeners to Sam Cammarata, a career criminal who tried to follow his dreams and become the "Godfather of Houston." After brief stints in the Boston and New Orleans mafia, Cammarata decided to start his own criminal empire in Houston, Texas. With a nightclub as a legal front and a second-in-command with a love of violence, the Cammarata organization quickly grew more prominent and more profitable as it engaged in illegal activities such as bookmaking, loansharking, prostitution and extortion. As a prosecutor for the U.S. Department of Justice's Organized Crime Strike Force, Mr. Small was sent to Texas to help the Texas Rangers indict members of the criminal enterprise.

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    8 min