Century-old miscarriage of justice becomes teaching moment for law students, professionals

The lynching of Leo Frank might be the most important legal case you've never heard about.

A Jewish pencil factory superintendent in Atlanta, Frank was accused in 1913 of raping and murdering 13-year-old Mary Phagan, one of his employees. Despite weak evidence and a trial marked by intense media coverage and antisemitic sentiment, he was convicted and sentenced to death.

After Georgia's governor commuted his sentence to life in prison due to doubts about the verdict, a mob kidnapped Frank from prison and lynched him in 1915.

Frank's lynching gave rise to the Anti-Defamation League, which went on to be a major force in combating racism and antisemitism in the United States.

The event has been the subject of movies, "They Won't Forget" (1937) and "The Murder of Mary Phagan" (1988); documentaries; and a musical, "Parade" (1998) and a 2023 revival. But a lot of those stories are old, and many people in the legal profession appear to know little or nothing about the case.

"To be honest, I had never heard about it," 9th U.S. Circuit Judge Kim McLane Wardlaw said in an interview. She said her law clerks had never heard of the case either. "They were very interested to hear this story," she said.

Wardlaw sits on the board of the Center Theatre Group, which is hosting a special matinee performance of a touring production of "Parade" at the Ahmanson Theatre in downtown Los Angeles for law students and members of the legal profession.

After the performance, Loyola Law School professor Laurie L. Levenson will moderate a discussion with Steve Oney, author of the 2004 book "And the Dead Shall Rise: The Murder of Mary Phagan and the Lynching of Leo Frank," along with members of the cast.

"It's kind of a show with legal content," she said. "The audience is invited to stay afterward and engage directly with the performers and legal experts. It's a unique opportunity."

The special event coincides with Law Day, and Levenson said she is bringing 30 guests from Loyola, including law students. Wardlaw is bringing her law clerks too.

Levenson, who directs the Project for the Innocent at Loyola and teaches criminal law, said she uses cases like Frank's in her classes to help students explore systemic issues that lead to wrongful convictions.

"They haven't learned about the big trials of the past," she said, "but they should. These lessons hold true today -- about bias, power, and the human impact of legal decisions."

She said she first encountered Oney's book years ago and interviewed him at an event hosted by Wilshire Boulevard Temple. Her interest in the story also has a personal dimension.

"I learned about Leo Frank growing up," she said. "Because I'm Jewish and the story of this Jewish factory owner who was charged with these heinous crimes - sexual assault and murder - and then at trial the argument was that he was framed, that he wasn't guilty and then lynched."

In 1986, the Georgia Board of Pardons and Paroles granted Frank a posthumous pardon.

However, the pardon did not address his guilt or innocence; it acknowledged the state's failure to protect him from lynching and to allow for continued legal appeal of his conviction. There is now an effort by the Georgia Innocence Project to formally clear his name.

Wardlaw said it is important for people to get to know more about Frank's case. "This story has all the themes about justice and the rule of law that resonate in our time."

Levenson agreed. "This story involves everything from antisemitism to racism to questions about the fairness of our justice system," she said. "Do we judge people based on how they look, rather than on the facts? And to what extent does public pressure influence legal outcomes? These are not just historical questions -- they're very much alive today."

The Ahmanson Theatre is offering discounted Saturday matinee tickets for law students and legal professionals. Visit centertheatergroup.org and use promo code LAWSTUDENT for students or LEGALITY for attorneys.