BKH Welcomes Attorney Arturo T. Uzdavinis , Tampa Native, Jesuit High Graduate Is Newest Member Of Firm’s Impressive Legal Team

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Attorney Arturo UzdavinisAttorney Arturo Uzdavinis is the newest addition to Betras, Kopp & Harshman’s impressive, multi-talented legal team. A native of Tampa, Florida, Attorney Uzdavinis graduated from Tampa Jesuit High School before attending Tulane University where he earned his Bachelor of Science in Management Degree. He received his Juris Doctorate from Barry University’s Dwayne O. Andreas School of Law, graduating Cum Laude in December 2020.

A standout football player at Tulane where he appeared in 48 games and was named to the schools 3.0 Club and the 2014-15 American Athletic Conference All-Academic Team, Arturo was signed as a free agent by the NFL’s Houston Texans in 2016. He spent time with five other NFL squads over the next two years before being encouraged by Atty. Brian Kopp to pursue a legal career. He clerked at BKH while attending law school and joined the firm after passing the Florida Bar Exam in February 2021.

Arturo brings a distinguished legal pedigree to BKH.  His great grandfather, Hector Reichard Zamora, was the oldest practicing attorney in Puerto Rico when he passed away in 2008. His grandfather, Hector Reichard de Cardona, served as Attorney General of Puerto Rico from 1981 through 1983 and is now senior partner at Reichard & Escalera, LLC, a multi-disciplinary law firm headquartered in San Juan, Puerto Rico.

“Identifying, recruiting, and mentoring young, talented attorneys who have a zeal for the law is one of BKH’s primary goals,” Atty. Brian Kopp, leader of BKH Complex Litigation Practice Group said. “In addition to those attributes, Arturo’s deep roots in, devotion to, and understanding of our community are incredibly valuable assets that will strengthen our firm and benefit our clients. Chris Knopik, Doug Titus, David Betras, and I are all pleased that he accepted a position with us and we look forward to practicing with him for many, many years.”

“I could not have found a better place to begin my career,” Arturo remarked. “Because BKH is a ‘boutique’ rather than a large, tall-building firm I will have the opportunity to observe and learn from attorneys who possess an extraordinary depth and breadth of knowledge and experience in multiple fields each and every day. Working with Chris, Doug and Brian will enable me to hone my skills and become the type of lawyer my great-grandfather and grandfather would want and expect me to be.”

Arturo is a member of the Florida Bar Association, National Football Players Association, and Knights of Colombus. He and his wife, Sydney were married in February 2020 and reside in Tampa, Florida with their six-month-old daughter, Ruth Beatriz.

Society wins not only when the guilty are convicted, but when criminal trials are fair

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Attorney David BetrasIn his most recent MahoningMatters column, BKH managing partner David Betras, one of the area’s leading criminal defense attorneys, discusses prosecutorial misconduct and the threat overzealous prosecutors pose to every American’s freedom…

Prosecutors in the United States wield awesome power and have access to immense resources that dwarf what is available to criminal defendants and defense counsel. The lawyers who represent the people of the United States or the people of Ohio have near-total discretion to decide who is charged and with what—the old saying that a prosecutor can convince a grand jury to indict a ham sandwich is basically true, they are funded by taxpayer dollars, work hand-in-hand with the law enforcement officers who investigate crimes and have unlimited access to state-of-the-art forensic science.

To balance the legal playing field and protect society, the rules of criminal procedure, the law, and codes of conduct administered by the courts and bar associations have established strict guidelines and boundaries designed to prevent prosecutors from abusing their authority. Chief among them is the admonition that a prosecutor’s job is to secure justice, not convictions.  This principle is embodied in Ohio’s Code of Professional Conduct which states:

“A prosecutor has the responsibility of a minister of justice and not simply that of an advocate.”

It is also included in the American Bar Association’s (ABA) Criminal Justice Standards (CJS):

“The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict… The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.”

Man in handcuffsAlong with defining prosecutors’ role, the rules, laws, and Supreme Court decisions also set forth their responsibilities, which, according to the ABA’s CJS include the duty to “…make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense…”

This standard encapsulates the Supreme Court’s 1963 decision in Brady v Maryland, In that case, a 7-2 majority held that “…the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment… Society wins not only when the guilty are convicted, but when criminal trials are fair.” The Court has revisited Brady numerous times over the years, including in 1985 when the justices ruled in United States v. Bagley  that a prosecutor’s duty to disclose material favorable evidence exists regardless of whether the defendant makes a specific request.

Despite the guardrails that have been erected, some prosecutors misuse their power and abuse their discretion. They place more value in securing convictions than preserving justice. They commit what are known as “Brady Violations” by refusing to turn over or concealing exculpatory evidence to the defense and violate defendants’ due process rights in other disturbing ways.

This matters for two reasons. First, because when prosecutors violate the rules, innocent people go to jail for decades or are executed. Some of the wrongful conviction cases have penetrated the national consciousness: the Central Park 5, Walter McMillan, the Brown brothers, and Anthony Ray Hinton. Thousands of others, however, suffer in silence outside the spotlight, hoping that justice will be done.

Second, each case of prosecutorial misconduct, each Brady violation, each wrongful conviction weakens the criminal justice system and puts every American’s freedom at risk.