Minneapolis, MN—Defense attorney Patrick Cotter got his first dose of the courtroom by watching his father practice law.

“My father, as an attorney, was always working for the underdog,” Cotter told laws.com in a recent interview.  “He was both a mentor and my hero.”

When he was in his second year of law school, though, tragedy struck.  Cotter, who came from a family of five biological and five adopted children, had seen his adopted siblings work through a range of mental illnesses and chemical dependencies.  One of those siblings, however, had a break with reality resulting in fatal consequences. 

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“My adopted brother, who had spent time in many juvenile detention centers and jails, strayed from his medication,” Cotter says.  “In an episode of full-blown paranoid schizophrenia, this brother killed my father and his girlfriend, and attempted to cover up the murders by setting the family home on fire.”

The brother later committed suicide while awaiting trial, and throughout, Cotter says he became “the default lawyer for my family, explaining the nuances of criminal law with just one year of law school under my belt.”

He believes that this experience shaped his future career: “The challenges that my family endured were many, and I do believe that overcoming some of those challenges has contributed to my success.”

After working as both a prosecuting attorney and a public defender, Cotter began his own practice.  Today, he's ranked as one of the “Top 40 under 40” attorneys by National Trial Lawyers, an award based on leadership, trial results, and qualifications.

Young attorneys, according to Cotter, should heed two pieces of advice: “Seek out mentors who both shares your values and are willing to invest in your growth as an attorney—and never give up the passion that you have right now for seeking justice.”

While Cotter has had great success in his career, he says that the profession currently faces significant challenges from attorneys trying to balance their books and sleep well at night.  “The profession of law is noble and ethical, and in representing those accused of crimes, it is very personal,” he says.  “The business of law has morphed into a game of sales, puffery and competition for paying clients.  This presents a moral dilemma for those attorneys truly wanting to uphold the profession and maintain a successful practice.”

One of Cotter's proudest moments came after a first degree arson case, in which his client had lost his home.  After the insurance company spent tens of thousands of dollars to ensure that the client was prosecuted, Cotter says things were starting to look bleak: “The insurance company representatives and law enforcement told my client that he was in a David vs. Goliath case, and Goliath was sure to win.”

Instead, he came away with a surprise victory after a week-long trial.  “I realized that the full power of money and resources can bring a person to the brink who claims his innocence” he says. “This case demonstrated that the government and insurance industry have enormous power and resources that make it very difficult for person who is falsely accused to fight them, however, in the end it is regular citizens with no skin in the game who have the final word.” 

To learn more about Patrick Cotter and his practice, click here.

New York, NY—A. Adam Mehrfar says that the case that reinforced his core beliefs the most involved a client whose beliefs couldn't have been more different from his own.

“I had inherited a case from another lawyer, where the client had previously been convicted of homicide and was out on parole,” Mehrfar recalled to laws.com in a recent interview.  “It was alleged that in November 2001, just two months after September 11^th,  this client had been on a subway train in full Islamic garb, holding a duffel bag, making anti-American statements and stating that he ‘was going to kill somebody.’ Passengers alerted the conductor, who stalls the train for investigation.  The client got off the train and when the police tried to stop him on the street he resisted.  It took several officers to hold him down.  When they finally subdued him they found a loaded gun in his waistband and more ammunition in his duffel bag.” 

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“Regardless of how much we disagreed on American policy and as someone of the Jewish faith myself –  I’m sure we disagreed on many matters we developed a great professional relationship over time.  He saw how hard I fought for him and really appreciated it.  For someone who had been convicted of homicide and had some misplaced notions, I found that there was a lot of humanity in him.  People would ask me how I could defend such a person, but it was never even remotely an issue for me.  My job is to defend my clients, not to judge them.” 

In law school, Mehrfar focused on the only two areas of law that really appealed to him – criminal defense and entertainment law.  And after spending a few years as a Staff Attorney at the Legal Aid Society, Mehrfar started his own firm in 1999, specializing in criminal defense and entertainment law.  Fourteen years later, with a successful law practice, he says he couldn't be happier. 

“I couldn't picture myself doing anything else,” he says.  “I always had a strong interest in justice related issues, and when I was in law school, it was one of the only areas that really appealed to me.” 

Today, Mehrfar believes that a good defense attorney can help clients to feel less anxiety and dread about pending criminal trials.  “Being charged with a crime can take a huge toll on the accused.  I tell my clients that once they hire me, it becomes my burden to shoulder.  I ask them to go back to living their normal lives, and to trust me with handling their case.” 

Meanwhile, Mehrfar says, new attorneys should remember that no matter how talented they are, nobody comes into the profession with all the knowledge they need.  “Be humble.  You won't know everything there is to know in the beginning of your career.  Each year that goes by, you will learn new things—that's why they call it practice.  I recall being a bit of a cocky young lawyer myself, and I look back now and realize that I knew much less than I thought I did.”

People considering criminal defense as a career should seriously consider if it's their true passion, according to Mehrfar.  “Only do it if you really feel it in your gut.  It's not nearly as glamorous as you see on television,” he says.  “You really have to have the burning desire to do this kind of practice, because you carry a lot of weight on your shoulders.  You are responsible for your clients' lives and freedom.” 

His entertainment practice has also flourished- allowing him to have represented an extensive client list, such as New York Times best-selling author and reality TV star Bethenny Frankel, Flying Television Productions LLC, the premier talent booking and brokering firm of New York City, and many other artists in the arts and entertainment. 

Having practiced law for 17 years, Mehrfar takes pride in his trial work, achieving a 71% acquittal rate, four times the average rate. There is no doubt that Mehrfar has dealt with complex cases but through his experience and perseverance he has learned to provide a zealous defense to those clients who seek him. 
To learn more about his practice visit www.mehrfardefense.com

Riverdale, MD—Peter Fayne's path to criminal defense law was anything but ordinary.

When Fayne started working after law school, he started working as a prosecutor—a role he believed he'd stay in for a lifetime.  “It's what I always wanted to do, and I thought that was where my future would be,” he recalled in a recent interview with laws.com.

Fate, however, would soon take him down another path.  “I resigned my position in less than a year in order to pursue a lifelong athletic dream,” Fayne says.  He trained full time to qualify for the US Olympic trials in the decathlon, and then returned to the legal world a year and a half later once he had finished that quest.

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However, when Fayne got back, he found that his job at the prosecutor's office was no longer available—“so I decided to switch sides,” he says.  “I was extremely fortunate to work for a legend in the criminal defense bar in the State of Maryland, Fred Joseph.  Fred taught me not only to be proud of being a criminal defense attorney, but that our role was just as important, if not more so, than that of prosecutors.”

Soon after starting a solo practice, Fayne got plunged into the deep end of criminal defense with a high-profile murder case.  “When meeting my client in the jail for that first time, I have never forgotten him crying to me and telling me that he was innocent and did not commit this crime,” Fayne recalls.  “As a young criminal defense attorney, those moments really stay with you—the person's future is literally in your hands.  After investigating the case, I became fully convinced that my client was indeed an innocent man.”

After a trial lasting a week, the client was acquitted.  Fayne says: “My client's mother, who was in the courtroom, immediately grabbed me, with tears in her eyes, and said, 'thank you for giving me my son back.'  Then, my client turned to me, gave me a big hug, and said, 'thank you for giving me my life back.'  I will never forget those words or that day.” 

The legal practice is changing for criminal defense attorneys today, according to Fayne, in part because of the way that trials are portrayed in the media.  “Forensic science is playing a much bigger role, with jurors all watching CSI and expecting the same type of forensic evidence to appear in court,” he says.  “That being said, DNA and video surveillance evidence have been and are becoming more powerful weapons for the prosecution.  It is important for the criminal practitioner to not only be well-versed in these areas, but to have experts available to assist in the preparation of the defense.” 

While he may not have started his legal career wanting to be on the defense side of the courtroom, Fayne says that now, he wouldn't have it any other way.  “I have had the opportunity to represent some incredible people who have taught me a thing or two about life,” he says.  “I've had some interesting experiences which range from attending a wedding in a jail and giving away the bride to being in the middle of courtroom melee during trial.  Through it all, I've represented individuals from all walks of life and I am very proud that fact.”

“In the end, what truly matters to me is that I have made a real difference in people’s lives especially those individuals who I truly believe have been wrongfully accused of heinous crimes they did not commit.  Each one of them have been found not guilty…and to me preventing an innocent person from being convicted for a crime they did not commit is why I do what I do”

Buffalo, NY—Named “Lawyer of the Year” last year by the Erie County Bar Association, litigation specialist Terry Connors says that he knows he's doing the right job.

"I love being a lawyer, and if I had to do it all over again, I would not change my course one bit,” Connors told laws.com in a recent interview.

For Connors, that course began during law school, where he started watching trial attorneys in action and realized that he wanted to become one himself.  Today, he and his eight partners form Connors & Vilardo, a litigation boutique that specializes in trial and appellate representation. 

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“The field of litigation is a very broad practice,” Connors explains.  “In our firm, one day we may be litigating a constitutional claim, while the next day we may be arguing for a profoundly injured person.  It's exciting to come to work to see what is next on my calendar—there is always something new.”

The cases that Connors likes best are cases where a lot is on the line.  “I like to be in the ring when the stakes are high,” he says.  “These cases get my blood flowing – – a homicide case where someone’s life is literally on the line – – a business that is trying to survive – – a seriously injured person who is counting on our firm for his future.  These are very challenging, but I like it when the stakes are high.”

Connors says that a murder case early in his career was the case that convinced him he was in the right profession.  “I took a homicide case that was coming back for a re-trial.  The client was convicted and had spent years in prison.  On re-trial, I was successful in obtaining an acquittal.  Not only was it life-changing for the client, but it was life-changing for me, because I got to stand next to my client when he walked out the door, a free man, after spending a third of his life in state prison.  It was an overwhelming feeling,” he says.

Over the years, clients have come to Connors for a wide variety of reasons, and some have left him with mementos.  “I represented a client who was in the entertainment business and was injured during a performance,” he says.  “My firm was able to obtain a record-breaking verdict in Western New York—$58 million.  When the case was over, he painted me a portrait, using a toothbrush in his teeth.  I hold it dear to my heart.”

Now that he has been named the #1 attorney in Upstate New York by SuperLawyers, Connors says that his practice also attracts “very large white-collar criminal cases.  Businessmen, doctors, other lawyers, and judges are some of my clients.  These cases are considered white collar criminal cases, because they require an entirely different strategy and approach.”

When it comes to litigating, Connors believes there's no substitute for hard work and experience.  Young attorneys and law students, Connors says, should “learn the rules of evidence.  The foundation for a trial lawyer is a keen understanding and knowledge of the rules of evidence.  You must know these rules like a hand fits into a glove, because these rules are the tools you are going to use to defend your clients.”

 There is no doubt that Connors knows how to defend his clients when the stakes are high and for that reason, he formed his own litigation boutique – composed of the best and brightest litigators. Connors & Vilardo was founded upon the principle that no litigation challenge is too tough for a team of talented, hard-working, committed lawyers. Recognizing that high-stakes litigation is never routine, Terrence M. Connors and Lawrence J. Vilardo left one of Western New York's oldest and largest law firms to build a firm designed to adapt to any challenge, match up against any adversary, and approach any problem with a strategy to win.

New York, NY—Eric Franz, a criminal defense attorney in New York City, has built his career on leveling the playing field within the justice system.

Fighting for the underdog has become a lifelong passion for Mr. Franz.  “I’ve always been very competitive and I love challenges.  When I was a public defender, tried many cases which my colleagues deemed to be “unwinnable”, but through hard-work and perseverance, I obtained acquittals.” he explained to laws.com in a recent interview. “Over the years I’ve found that the government, with its vast resources, has grown increasingly comfortable with pushing the little guy around. Well, I’ve committed my career to pushing back, and I’ve had a significant amount of success doing so.”  I always remind myself that, no different than when I was a competitive wrestler,  in this profession, “second place is last”.  Thus, no stone shall be unturned in my quest for the best outcome for my clients.

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By way of example, in his first major defense case working for clients accused of racketeering, Franz states “you cannot rely on the government's claims that the case against your client is strong. Despite the excoriating articles in the media against my client, I was able to sift through the evidence and exploit the seam in the government’s case.”  After a tenacious defense of his client, Franz saw the racketeering charges dismissed.  Franz continues, “that case was also important because it trained me how to deal with the media, which was invaluable when I began representing high profile individuals.”

During his career as a defense attorney, Franz has represented celebrities like Christian Slater and Ice-T.  According to him, both celebrities and non-celebrities want the same thing when they bring a case to his office: “make it go away.”  

However, there are important differences, too: “They differ to the extent that some celebrities are used to getting what they want, which can make representing them more challenging. It’s difficult at times for celebrities to realize that when it comes to the law, being a celebrity doesn’t make the evidence against them any less compelling. Indeed, once the media is involved, the added attention makes government prosecutors more aggressive, which requires an equally aggressive defense attorney to protect the celebrity’s rights.”

Today, Franz says that one of the most difficult challenges his clients face is whether they want to exercise their right to a trial.  According to Franz, you should only pursue trial “when you have a chance of winning, and most importantly, when the client is prepared to take the risks which accompany a potential guilty verdict.  If the client is unwilling to take that risk, then it is not a good idea to proceed to trial.” However, “when you mount an aggressive defense, you usually get a favorable plea offer—one that is usually too good to turn down when weighed against the risks of trial,” he says. “So, quite frequently, the hardest decision my clients face is having to choose between a rock-bottom plea I negotiated with the government and pursuing a trial that, despite my courtroom abilities, involves a significant amount of risk.”

For anyone hoping to become a criminal defense attorney, Franz's advice is simple.  “Go to court, go to court, go to court,” he says.  “Observe trials, so you can learn how it works in real life—there is no substitute for this kind of exposure.  The biggest rookie mistakes are not knowing the real value of a case, which can only come with experience, and not understanding the whole picture, the law, and the rules of evidence.  Unless they have the knowledge, which can only come from experience and hard work, mistakes are sure to follow.”

The Law Offices of Eric Franz has built a reputation for successfully representing numerous clients in state and federal criminal cases. Franz, a graduate of Fordham Law School, commenced his career as an appellate attorney, successfully arguing numerous appeals before the Appellate Courts, and then pursued trial work as a public defender. As one of the most sought out New York City criminal defense attorneys today, he relentlessly seeks success for his clients. To learn more about the Eric Franz and his practice visit https://www.efranzlaw.com/.

Ahmed Ghailani

Ahmed Ghailani was a member of the terrorist group Al Qaeda involved in the 1998 bombings of US embassies in Africa. His subsequent capture and trial was notable as a rare civilian trial of someone deemed an "enemy combatant."

Born in Tanzania, Ahmed Ghailani trained with the Al Qaeda terrorist organization and was a key part of the bombing of American embassies in Dar es Salaam and Nairobi. The evidence that was presented against Ahmed Ghailani during the course of his trial included proof that he had purchased a truck which had been used in the bombings. Ahmed Ghailani was involved in the purchase of other materials used in the bombing, including the explosive TNT, gas cylinders containing acetylene and oxygen, detonators containing explosives and fertilizer.

After the African embassy bombings,  Ahmed Ghailani fled to Pakistan. While he was in hiding, he was named by the FBI as one of its most wanted fugitives. He was captured by American troops in Pakistan in 2004. Following his transfer into American custody, his status was reviewed by a Combatant Status Review Tribunal. During this time, he was held in custody at undisclosed locations abroad before being transferred to the Guantanamo Bay detention camp maintained by the military in Cuba.

It was eventually determined that Ahmed Ghailani would be tried in civilian court rather than before a military tribunal. Ahmed Ghailani was transferred from Guantanamo Bay to New York City in June of 2009 for a trial which began in October of 2010. During this time, Ahmed Ghailani expressed regret for his role in the bombings. His attorneys prepared a defense that did not deny any of the actions he had been documented performing. Rather, they claimed that Ahmed Ghailani was not aware of the larger purpose organizing his actions. They also claimed that he had been abused while in military and CIA custody, which justified a less severe sentence.

During the course of trial, Ahmed Ghailani faced 285 different charges. One was a charge of conspiracy to destroy United States buildings or property. The other 284 charges included 273 charges of murder or attempted murder concerning the death of casualties of the embassy attacks. During the course of trial, an undercover agent who had sold Ahmed Ghailani TNT was not allowed to testify as a witness.

Despite concerns expressed by the Obama Administration that a jury was likely to acquit such a defendant, Ahmed Ghailani was found guilty of a single count of conspiracy to destroy American structures or property. The judge ruled that due to the nature of the seriousness of the crime, Ahmed Ghailani deserved the maximum sentence of 36 years in jail. In his ruling, the judge rejected both the idea that Ahmed Ghailani was unaware of the purpose of his actions and the idea that any mistreatment by authorities while in legal custody justified a lesser sentence. The judge also ordered that Ahmed Ghailani to pay $33 million to the government and victims' surviving families.

Philip Markoff

Philip Markoff was arrested by the Boston Police Department for his alleged murder of Julissa Brisman in 2009. He committed suicide while in prison custody the following year.

Philip Markoff became the primary suspect in police investigations involving three women he met on Craigslist who were offering various forms of exotic services. The first of these women was a paid escort who was tied up and robbed at gunpoint, followed less than a week later by the death of Julissa Brisman. Nine days later, a third woman was the victim of an attempt robbery. The first two incidents took place in Boston, while the third occurred in Warwick, Rhode Island. The similarity of all three incidents and their close proximity attracted a vigorous police investigation.

As part of their investigations, authorities reviewed the phone and internet service records of Philip Markoff. He was arrested while driving on the interstate highway I-95 with his fiance and charged with the murder of Brisman. At his arraignment hearing, Philip Markoff entered a "not guilty" plea in response to all charges which had been filed against him. The judge ordered that Philip Markoff be detained without any bail. The prosecution gathered evidence against Philip Markoff which had been obtained during a search of his apartment, where guns and items used in restraining people were found. Additionally, the state of Rhode Island moved to prosecute Markoff for the third attempted robbery but agreed to suspend legal action until Massachusetts had completed criminal trial proceedings.

The trial of Philip Markoff was delayed by numerous legal complications, including a motion filed his attorney John Salsberg. This lawyer argued that the trial of Philip Markoff had to be delayed because the prosecution had released so much confidential testimony and evidence to the press that it had become impossible to form an impartial jury. The trial was ultimately moved from a scheduled July 2010 start date to March of 2011.

During this time, the amount of media coverage surround Philip Markoff remained consistent. Initially his fiance Megan McAllister issued statements of belief in his innocence. Later, she terminated her engagement to Markoff. During his time in custody, Philip Markoff made three separate unsuccessful suicide attempts, the second of which was prompted by the end of his engagement. These occurred from April to August of 2009, and involved attempts using shoelaces, an attempt to cut his wrists and a deliberate overdose of medication. After his first suicide attempt, Philip Markoff was put on a suicide watch. This was later removed.

In August of 2010, Philip Markoff succeeded in committing suicide. When his body was found, his former fiance's name was written in blood on the walls of his cell. Prosecution efforts have yet to be formally terminated. His successful suicide also caused the Boston City Council to note its concern about inadequate safety procedures in the city's correctional facilities, especially in monitoring inmates who were known suicide risks.

Edison Misla Aldarondo

Edison Misla Aldarondo served as a member of the Puerto Rico House of Representatives from 1977 until a series of scandals and legal problems led to his resignation in 2002. The primary legal scandal surrounding Edison Misla Aldarondo had its origins in the mid 1990s, when Puerto Rico began the process of privatizing its formerly state-operated hospitals. This process was overseen by two government entities, the Puerto Rico Department of Health (PRDH) and the Government Development Bank (GDB).

Edison Misla Aldarondo was involved in influence peddling regarding the Dr. Alejandro Otero Lopez Hospital (HAOL), which at that time was managed by the Caribbean Hospital Organization (CHC). HAOL received anesthesiology from Caribbean Anesthesia Services (CAS), which wished to purchase the hospital.

To effect this, the co-owners of CAS hired consultant Jose Ivan Ramos Cubano to assist in this transaction. Cubano first arranged for a meeting with the head of the legal department of PRDH and bribed him to allow CAS to purchase CHC's management contract, a necessary preliminary step to acquiring the hospital as a whole. Once this was done, Cubano approached Edison Misla Aldarondo, a close friend of the president of the GDB, Marcos Rodriguez Ema. Edison Misla Aldarondo accepted a bribe to arrange meetings between the anesthesiology company and the GDB.

In 1997, a law firm reviewing the potential hospital buyers warned that CAS should not be allowed to complete the transaction because it owed a substantive debt to the PRDH. However, Ema overruled this recommendation and arranged for CAS to purchase the hospital for $14 million. Ema also created an agreement to allow CAS to repay its debt to PRDH at a later date. Following this successful transaction, Edison Misla Aldarondo received payments totaling $147,000 from the hospital's new owners.

A 2001 investigation by the Puerto Rico Department of Justice led authorities to Cubano, who agreed to cooperate. In October 2001, Cubano recorded conversations he had with Edison Misla Aldarondo. In these recordings, Edison Misla Aldarondo openly discussed his illegal actions and outlined plans to create a false story concerning the payments he had received. These recordings led to an indictment by a grand jury by the end of the month. Subsequently, Edison Misla Aldarondo was convicted in a jury trial and sentenced to 71 months in jail.

In addition to his involvement in corrupt privatization practices, in 2002 Edison Misla Aldarondo was charged with rape of a minor. Witness testimony revealed that Edison Misla Aldarondo had taken advantage of a friend of his step-daughter by plying both girls with alcohol and prescription medication. During the hearings, it emerged that Edison Misla Aldarondo had also molested his step-daughter periodically over the course of eight years. Following his incarceration for the case described above, Edison Misla Aldarondo negotiated with the prosecution to plead guilty to attempted rape rather than rape, for which he was sentenced to an additional 13 years in prison.

Clarence Ray Allen

Clarence Ray Allen was convicted of multiple murders in California. His death penalty sentence was executed despite public controversy about his age the time of death, which was 76.

Clarence Ray Allen first came to the attention of the law because of a burglary he organized in 1974. He invited over Bryon Schletewitz, the son of his friends Ray and Frances Schletewitz, who owned a grocery store. By distracting Bryon, Clarence Ray Allen obtained the keys to the star. He then robbed the store with his son Kenneth and two other accomplices. Subsequently, Kenneth's girlfriend, Mary Ann Kitts, told Bryon about how she had helped arrange the burglary, and Clarence decided that she had to be murdered. Under his two direction, two associates attempted to poison her with cyanide before finally strangling her. The body of Mary Ann Kitts was never recovered.

From August 1974 through March 1977, Clarence Ray Allen planned and executed a series of robberies, not all of which were successful. One, an armed robbery of a K-Mart, ended with a gang member fatally shooting a bystander. Arrested for his role in the heist, Clarence Ray Allen was tried and convicted first for the robbery, then again for the murder of Mary Ann Kitts.

After being sentenced to jail on the first set of charges, Clarence Ray Allen was appealing the second conviction when he befriended fellow prisoner Billy Ray Hamilton, who was also incarcerated in Folsom State Prison in California. Allen convinced Hamilton to murder eight of the witnesses who had testified against him. Hamilton agreed and was released in August of 1980. After informing Kenneth Allen of his intentions, Billy Ray Hamilton went to the grocery store, murdering three of the employees and wounding another two. He was arrested within a week of the events.

Shortly thereafter, Kenneth Allen was arrested on separate drug charges and agreed to testify about the events leading up the killings in return for a plea bargain. In 1980, Clarence Ray Allen was put on trial for triple murder and conspiracy to kill eight individuals. He was found guilty and sentenced to death. Clarence Ray Allen filed an appeal, which was rejected by the California Supreme Court in 1987.

The appeals process led to another hearing before the Ninth Circuit Court of Appeals in 2005. During these proceedings, the judges granted that the lawyers representing Clarence Ray Allen had performed their task inadequately, depriving him of his right to counsel, and that several other errors had occurred during the course of trial. However, they found that the evidence against Clarence Ray Allen was so unquestionably overwhelming that no retrial was necessary. A plea for clemency from the state's governor was rejected, as was a request for the Supreme Court to hear the case and another appeals court claim that executing a 76-year-old in ill health constituted cruel and unusual punishment. Clarence Ray Allen was executed by lethal injection in January of 2006.

Gary McKinnon

Gary McKinnon is a Scottish computer hacker who was the subject of a decade of legal dispute between the United Kingdom and the United States. He came to the attention of law enforcement authorities when he hacked into 97 computers between February 2001 and March 2002. The computers hacked into by Gary McKinnon belonged to both the United States military and the space agency NASA. The stated purpose of his activities was to obtain evidence of alien technology which Gary McKinnon stated he was certain American authorities were concealing.

Gary McKinnon was questioned by British authorities twice, in March and August of 2002. As the result of an American investigation, a grand jury in Virginia indicted Gary McKinnon in October of 2002 on seven counts of crimes committed via computers. In 2005, the American government filed a request with the British government to extradite Gary McKinnon to the United States for trial. In 2006, a district judge recommended that the extradition request be granted. In general, the United Kingdom has often complied with American requests to extradite, only rejecting the request in 11 cases out of over 130.

John Reid, then the home secretary of the United Kingdom, signed the extradition order for Gary McKinnon in July of 2006. Gary McKinnon appealed this decision, losing an appeal in British high court in 2007 and in the House of Lords in 2008. In August of 2008, Gary McKinnon was examined by a team of psychiatrists who diagnosed him with Asperger's, a type of autistic mental disorder. This diagnosis was then used as the basis of a legal argument that Gary McKinnon should not be extradited to the United States. At this time, it was also reported that Gary McKinnon was threatening to commit suicide if extradited to the United States.

Following this diagnosis, both the European Court of Human Rights and Jacqui Smith, who succeeded John Reid as home secretary, both again declined to halt the extradition process. In 2009, Gary McKinnon successfully applied for a judicial review of his extradition. In February, legal action was taken to attempt to obtain a trial for Gary McKinnon in the United Kingdom rather than the United States but was unsuccessful. 2009 concluded with the extradition order still potentially in effect.

In October of 2012, Gary McKinnon finally was successful in having the extradition request permanently denied by the British government. The decision was made by another home secretary, Theresa May. In her announcement, made in the Parliamentary House of Commons, Theresa May cited a law passed in 2003, the Human Rights Act. Under article 3 of this law, which prohibits cruel and inhuman treatment, she argued that extraditing Gary McKinnon to the United States where he might commit suicide would be a violation of this part of the law. The United States government was unhappy with the decision, which it said was not in accord with the status of the two countries as allies.