Trial by Fire: The True Story of a Woman's Ordeal at the Hands of the Law

by Gerry Spence

Book by Spence, Gerry

Genres: Nonfiction, Law

503 pages, Hardcover

First published January 1, 1986

About the author

Gerry Spence is a trial lawyer in the United States. In 2008, he announced he would retire, at age 79, at the end of the Geoffrey Fieger trial in Detroit, MI. Spence did not lose a criminal case in the over 50 years he practiced law. He started his career as a prosecutor and later became a successful defense attorney for the insurance industry. Years later, Spence said he "saw the light" and became committed to representing people, instead of corporations, insurance companies, banks, or "big business."

Reviews

[Neil · Rating 4 out of 5]

An enormous ego is essential for success as a pornographer or an attorney. This is the riveting story of the battle of three massive egos over the First Amendment right to freedom of the press versus the rights of a private citizen. Gerry Spence, a former corporate advocate turned champion of the little man, took the case of Miss Wyoming Kim Pring who sued Penthouse for libel in 1981. Spence dressed in a Stetson hat, fringed jacket, blue jeans and cowboy boots even in the courtroom. He was emotionally intense but straightforward. Penthouse's attorney, Norman Roy Grutman was the antithesis of Spence. He wore impeccably tailored suits and was a mesmerizing orator and wordsmith. The plaintiff was Kim Pring, a simple Western girl who overcame a clubfoot to become the National Baton Twirling Champion and also Miss Wyoming. The defendant was Penthouse publisher Bob Guccione, who appeared in court wearing suede pants and knee high French boots. The issue was a fictional story about a baton-twirling Miss Wyoming whose other talent was the ability to levitate men by performing fellatio on them, which was published in the July 1979 issue of Penthouse -the same year that Kim Pring went to the Miss America Pageant.

Spence convincingly argues that the legal system still treats women the same as it did during the 15th and 16th Centuries. He cites "The Malleus Maleficarum" a law book for trying witches, first published in 1487. Then, and now, Spence asserts, women have no legal rights and the onus is on them to prove their innocence now matter what the case.

Although Kim Pring won her case and was awarded $26.5 million, the judgement was overturned on appeal and then rejected by the U.S. Supreme Court. Either way, Guccione won because there is no such thing as bad publicity for sex magazines.

Pornographers love to attack each other and the law makes for unusual alliances, as Spence recounts in his book. For example, just prior to Kim Pring's suing Bob Guccione and Penthouse for libel, Guccione sued Larry Flint and Hustler for libel. While Grutman was supposed to be in Wyoming defending the magazine against Kim Pring, he was defending Penthouse against The Reverend Jerry Falwell who had filed an injunction against the magazine for publishing an unauthorized interview. Grutman and Penthouse won against Falwell. Later, Falwell hired Grutman to sue Larry Flint and Hustler for libel. Years later, Spence and Grutman met at a law conference and a friendship blossomed. Eventually, Grutman asked Spence to work with him on a medical malpractice case. Two men who despised each other became fast friends.

This is a very enjoyable book, although Spence is a bit preachy at times.

I would love for someone to write a book about the landmark sex harassment case of the early 1990s, Thoreson v. Penthouse. In short, Marjorie Lee Thoreson, aka Anneka DiLorenzo, a woman who worked very closely with Bob Guccione for years and made him a millionaire sued him for sex harassment. She had been one of the most popular models in the magazine's history and was also in his infamous movie. In keeping with Guccione's love of spectacle, perhaps a Broadway musical might be more appropriate. I suggest "Anneka and Bob: The Musical" Why not? Spiderman has a musical.

[Shana · Rating 3 out of 5]

I had to read this the summer before I entered WFU Law School. A pretty good read - true crime.

[Dave · Rating 5 out of 5]

I was riveted by every word...I just love the way he writes

[Sonya Grob · Rating 2 out of 5]

I love true crime books and thought this might be a tiny bit along that line. What it was was pretty much a very detailed journal almost of Miss Wyomings trial against Penthouse years ago. I kept hanging on because I wanted to find out how it turned out. I'm sure he's an excellent author, I mean it says 'best-selling author'on the cover. Maybe he bought them all himself. I don't know but I was sorely disapointed in the book