A legal 'legend' - Merv Lernhart shows compassion for even the toughest cases
By MARSHA DORGAN, Register Staff Writer
In addition to its lush vineyards, premium wines and five-star restaurants, Napa Valley also can boast about its people such as wine ambassador Robert Mondavi, world-renowned French Laundry chef Thomas Keller and four-time Super Bowl winning quarterback Joe Montana.
However, these legends need to make room for another icon in the legal field -- veteran defense attorney Mervin Lernhart.
Lernhart, 69, a Napa native, has a rich history of the contributions he and his family have made to the Napa Valley.
His father, Mervin Lernhart Sr., was the Napa County District Attorney and a superior court judge. Lernhart's son, Michael, has followed in his father's footsteps as a Napa County public defender. Son Matthew is a teacher at Shearer Elementary School. And wife, Barbara, is his paralegal, his best friend and his biggest fan.
The early years
If you find yourself facing criminal charges, Lernhart is one person you want in your corner. You don't practice defense criminal law for more than four decades and not rack up a trunk-load of memories.
Lernhart started his career as an advocate in January 1963 and has always practiced in Napa, handling about 24 murder cases and four death penalty cases.
Admitting it's not easy to defend those accused of horrendous crimes, Lernhart believes he makes the justice system work.
"Ideally, you don't pre-judge any client. No one is guilty until the jury says so. Every client has the right to a fair trail. The defendant has the same rights as anyone else," Lernhart said. "I have the duty and responsibility to protect my client's rights. It keeps the (justice) system honest."
Lernhart sees a polarization in the criminal justice system.
"I have defended homeless people. They are willing to accept whatever the system hands down. They don't get enraged because of their place in life," he said. "However, it's a different case with, say, the vintner, or their son or daughter. They are amazed to find out just what police investigations can turn up."
Memories
Napa criminal defense attorney Mike Keely was fortunate to have worked six years in Lernhart Law Offices.
"When I first started with Merv, I was his only associate. The man is incredible. In a sense you could call Merv a Renaissance man. He is so very well- educated in a number of areas -- literature, science. I was lucky enough to have worked for a legend," Keely said.
Lernhart walks from his law office on Jefferson and First streets to the Napa courts, toting his brief case.
With more than 40 years of fighting for his clients' rights, Lernhart has a plethora of memories -- some good, and some not so good.
His face get serious as he recalls the death penalty clients he has represented.
Bo Hayes is one of them.
"He was a Vietnam veteran. He was in the Army. He killed two people and a dog in a car bombing in Napa. He was facing the death penalty and I was able to get him off with two second-degree murder conviction," Lernhart said.
Napan Abraham Rodriguez also owes his life to Lernhart. What started out as a death penalty trial, ended up with Rodriguez being acquitted.
Lernhart challenged the jury selection process.
"The panel didn't include any Hispanic jurors. In those days potential jurors were selected using utility bills and driver's licenses," Lernhart said.
Shane Quinnell was also facing the death penalty for murdering a liquor store clerk and seriously wounding another.
Lernhart was able to convince the courts to spare Quinnell's life and sentence him to life in prison without the possibility of parole.
The job doesn't come without unpleasant memories.
Michael Turnipseed is one of them.
"That is probably one of the worst cases I have ever handled. A 12-year-old girl was suffocated," Lernhart said. "I read the probation report, sealed it and never looked at it again. It was an extremely hard case for his family and the victim's family -- everyone involved. Just when you think you are immune to those things, a case like this comes up and you have a hard time shaking the facts."
John Duncan, a Napa State Hospital patient, is another case that Lernhart has found difficult to erase from his memory.
"He was given a pass from the hospital. He strangled another patient. She was found strangled with her rosary beads. I had to view the sheriff's department photos of the case. It was so sad. I started crying," he said.
Lernhart also recalled the case of people versus Robert Edwards in 1991.
The Edwardses were an elderly couple that made a pact to take care of one another. When Edwards' wife became sick and needed to go to a rest home, he suffocated her. Instead of a murder charge, Lernhart defended Edwards pleading manslaughter, which is a crime committed in the heat of passion.
"I was able to prove that his emotional state was a state of passion. He was given county jail time, and while he was there he taught English to the inmates," Lernhart said.
The other side
Lernhart is also proud of his accomplishments in other areas of the law.
In the 1970s, Lernhart, along with attorney Dan York, was instrumental in preserving the agricultural areas of Napa Valley.
Lernhart assisted county counsel in representing the planning commission and writing the ag preserve ordinance.
After it was adopted by the county -- limiting the division of parcels in the ag preserve to 40 acres -- it was challenged by a group of unhappy land owners, Lernhart said. "I represented the county and we won the case," he said. "At that time the belief was the land was worth more if it was subdivided for construction rather than farming. That court decision changed the face of the Napa Valley. If the court would have ruled against us, we could have become another Santa Clara Valley, where today the once farm lands have been taken over by urban sprawl."
Years ago, Lernhart also represented a lawsuit against the county for overcrowding in the jail. Once the case was adjudicated, Judge Scott Snowden ordered a new county jail to be built.
Lernhart has also made inroads for work furlough for female inmates.
"The jail had no place to house the female work furlough inmates. I argued in court they were denied equal protection under the law," he said. "The jail ended up having to put a trailer for the female work furlough inmates in the jail parking lot."
Retired Napa County Superior Court Judge Scott Snowden calls Lernhart "the most skilled trial lawyer I ever seen all over the country."
"He has argued cases before me for many years, and to my recollection, he has won most of them. Merv is a legend. ... He has the uncanny ability to do what it takes to win his cases," Snowden said. "He is dedicated to those he represents. No one cares more deeply about his clients than Merv. He would be profoundly dangerous if he weren't a profoundly decent human being."
Disappointments
Lernhart admits there have been disappointments over the years.
"One the biggest disappointments for me is what is happening to the system. When I started practicing law in Napa there were two courtrooms, and 90 percent of the cases were civil. Now, we have the new three-story courthouse, the largest building in the county, and it is dedicated solely to criminal law. How did we get here?" Lernhart asked. "Look at the number of people we have on probation in Napa County. The tolerance level for crime is less, which is a good thing. There is whole different view on domestic violence and drug offenses. But rather than going after the drug users, who quite often are the victims, we need to get the dealers and manufactures off the streets and in jail. We need to go after the big fish instead of the little ones."
The system
Lernhart believes Napa County has one of the most exceptional public defender's offices in the state.
Lernhart, who also is retained by the public defender's office, said, "I think the public defenders are better than many of the private attorneys in the county. They have expert training. The public defenders have the single largest caseloads, so why would they stay with the county if it wasn't where they wanted to be?"
Unfortunately, Lernhart doesn't believe the courts are a level playing field.
"The judge and jury know the process, but unfortunately, many times when the jury sees this person who has been accused of a crime, they may think where there is smoke there is fire," he said. "Even though the burden of proof is on the prosecution, a lot of times it doesn't seem like that is the case."
Fond memories
Lernhart has fond memories of his early days as an advocate.
"I loved Judge (Thomas) Kongsgaard. He was one of the first judges I argued before when I first started practicing law. He was also my lawyer when I was a kid. I took the keys out of cop car and threw them. One of those things kids do just because they are kids," he said. "Kongsgaard represented me and got me off with a diversion program. Of course, it probably didn't hurt that my dad was a judge."
And there was prosecutor John Cooley, who Lernhart represented in a DUI case.
"The visiting judge opted to save John and ordered him to attend Duffy's (a residential private drug abuse program). I told John I would take him to Duffy's that weekend. We packed his bags and hit almost every watering hole on the way up there. When we got there we went to an AA meeting, where everyone goes around the room and says their name. When it came to me, I said 'I'm Merv, and I'm an alcoholic.' When it was John's turn, he said, 'I'm John, and I'm a visitor.' I never forgave him for that," Lernhart said.
Family history
Lernhart's ancestors on his father's side migrated to the United States from Germany in the 1850s. They ended up in San Francisco in 1855, when his grandfather was a very young boy. They moved to Napa Valley, where his great-grandfather farmed with George Yount, founder of Yountville.
They eventually settled on a farm in the Soda Canyon area. His family operated a German boarding house where the Tuscany restaurant is now located on Main and First streets in downtown Napa. His grandfather studied to become a druggist and opened a drug store in Virginia City, Nev.
His ancestors on his mother's side are mostly Irish. Lernhart's 96-year-old mother, Margaret, still lives in her home in Napa. While growing up, Lernhart's parents owned the city-square block that now houses the Napa Valley Register. His father died at age 57, after a lifetime in the legal field.
Lernhart dropped out of high school in the 11th-grade to marry his high-school sweetheart, Marie. However, he went back to school and graduated from high school and junior college. He attended University of Nevada with the goal of becoming a civil engineer.
"But when my father died, I evaluated my life and decided I wanted to pursue a career in law," he said. He and Marie had three sons, Mervin (who died in 1988), Matthew and Michael.
"Growing up with my dad was always interesting and exciting. He enjoys life to the fullest," said Michael. "I grew up in a liberal environment. He would sometimes let his clients who were down and out live in our basement. And he didn't always take money for legal fees. He's been known to take tamales and old cars in lieu of cash."
Lernhart and his wife Barbara, who have been married since 1990, are a team. The couple has worked together since 1978. Today, she and the other women in his law offices run the office like well-oiled machine.
"I'm available to work for Merv 24 hours a day. He's a complex person. If he gets an idea at 6 a.m., I'm there to type the papers for him. Merv gets up at 4 a.m., every morning and goes through his (court) calendar," Barbara said.
Attorney Kelly Boyd, former Napa County Superior Court commissioner, considers herself the longest temporary worker ever to grace Lernhart Law Offices.
"When I left the courts last year it was a pretty hard time for me. I was feeling pretty depressed. I was contemplating another career, when Merv and Barbara called me and said I had to come to work for them. I really didn't want to go back to law, but how do you tell those two no?" Boyd said. "I told them I would work for them, but they needed to be looking for someone to take my place and they kept saying, 'Oh yes we are.' Then one day I went to the office and there was someone painting my name on the front office door."
Theresa Herrington, Lernhart's associate, said she believes she is fortunate to "work with a legend."
"Merv has a great reputation and is so very knowledgeable. He's always very well prepared and loves to talk about the law. We also laugh a lot around here. It's a fun place to work," Herrington said.
Barbara touts her husband's cooking.
"He's not really handy around the house, but he's loves the kitchen. He makes an Italian hot pasta dish to die for. He also loves to read. When he wants to relax he wanders through house picking out six to seven books and finds a place to settle. We have about 2,200 books, and we don't have a very big home," she said.
In addition to his three sons, Lernhart has two granddaughters and two great-granddaughters and stepchildren, Vikki Stoddard, Juli Stoddard and Phillip Stoddard and a grandson and granddaughter.
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