Of all the attorneys who have practiced law in recent years in Las Vegas, a few, a tiny few, really just a handful, stand out.
Tom Pitaro is part of that upper echelon of stellar attorneys who take the job to a different level — those attorneys who gut it out six and seven days a week, not just when they are in trial, but just as a matter of course. Of all of the attorneys who have had a role in the highest profile, most important cases of our times, Pitaro is most likely to be named the lowest maintenance guy out of all of them.
Pitaro is the guy who shows up for the little man, for the union members who are out there busting their hump just trying to make a living. At the same time Pitaro has taken up the cause for some of the highest profile cases for clients with some of the deepest pockets in the history of Nevada.
He is also the only Nevada attorney that we know of who has a picture on his firm’s wall proclaiming him “the best criminal defense attorney in the state of Nevada” that was signed by every justice on a sitting Supreme Court of Nevada.
“I’ve never seen anything like that,” said Ozzie Fumo, senior partner with the Pitaro & Fumo law firm and Pitaro’s partner for more than a decade. “I’ve never seen a photograph like that in any other attorney’s office. It still hangs in our lobby today. That crew on the Nevada Supreme Court was probably the best Supreme Court we’ve had in a long time, and they just knew that when Tom Pitaro is bringing a case before the Supreme Court, you’re going to be in for a fight.”
Las Vegas criminal defense attorney Ryan Helmick of The Defense Firm recalls being deeply impressed while watching Pitaro conduct the cross examination of Yale Galanter, who represented O.J. Simpson in his Nevada robbery case, during the Simpson appeal process.
As the Associated Press reported at the time:
Tom Pitaro, a veteran Las Vegas trial attorney known for witheringly direct and insistent questioning, cross examined Galanter. Pitaro sparred verbally with Galanter over financial aspects of the case, including fees paid to Gabe Grasso, a Nevada lawyer Galanter had brought in to assist.
During one objection, the judge invited Pitaro to tell where he was going with his questions.
“What Mr. Galanter has done is, this man has received over a half-million dollars and has put his interest, his financial interest, above the interest of his client,” Pitaro said.
“I’ll never forget seeing the way Tom controlled the witness, looking very comfortable as he walked around the courtroom, and just showing such strength as a cross examiner,” Helmick told Vegas Legal Magazine. “I guess what I mean by that is Tom can really put the pressure on you. He was cross examining the witness, the lawyer for O.J., and he was really pinning him down.”
Another prominent case for Pitaro involved Carroll Edward Cole, an admitted serial killer. Cole admitted to killing several women around the country and two here in Nevada. Pitaro entered the case as an amicus curiae and argued before the court that was reviewing Cole’s death penalty that, if they allowed the execution to go forward as planned, they would be sentencing Cole to death illegally: It was logical that Cole couldn’t be put to death twice and it was also logical that Cole was being executed for the first of the two Nevada killings. That first murder took place when there was no death penalty in Nevada.
According to CrimeLibrary.org: Pitaro protested Cole’s “attempt to commit legal suicide.” In fact, Pitaro argued, Cole had no right to determine his own punishment and thereby “undermine the integrity of the court.” For the good of society at large, Pitaro said, he should be granted leave to search for mitigating circumstances.
In the end Cole got his wish. I was a reporter for KLAS-TV when I witnessed Cole’s execution. But Pitaro had made his point: Nevadans deserved a justice system that took great care when imposing sentence in the name of the people of the state.
Ask Pitaro himself about his biggest cases, however, and he doesn’t hesitate to mention his extraordinary run of success fighting on behalf of the Culinary Union dating back for decades.
“The best thing I ever did was getting involved in the Culinary Union cases,” Pitaro said. “It was a classic case of the little guys getting together and fighting the giant and coming out on top, just like when David slew Goliath. We just insisted on a trial in every case, and we won all the cases. We had faith in the fact that we were on the right side.”
Fumo recalled: “At one time Tom had 3,000 cases set for trial and he never lost a single trial with with the Culinary Union. After a while they just dropped the cases because that’s the kind of guy Tom is. He is like a bulldog. He will not let go. You know he’s going to be in there fighting to the bitter end.”
Beyond his remarkable track record in big cases, though, Pitaro’s colleagues in the Nevada legal arena seem to offer nearly universal praise for his willingness to serve as a mentor and a fount of knowledge for younger colleagues.
“When I first met Tom, I was kind of scared of him to be quite honest with you,” said Judge Danielle K. Pieper. “He was kind of this big, burly person who walks into the courtroom with authority. When you consider Tom’s outer exterior, you would think that he’s kind of gruff or mean, and that he can come off as a bully at times. But what I found about Tom is that he is actually a very nurturing person, and he appreciates young people who come to the practice of law, and he appreciates the idea of mentoring them.”
Judge Pieper recalls, particularly upon reaching the district attorney’s office, spending countless hours speaking with Pitaro about legal issues as well as family and personal matters.
“I think it’s that mentoring aspect that his generation comes from, realizing that these people who come after him are going to be the people who uphold the reputation of the legal profession in the state of Nevada,” Judge Pieper said. “That’s what I admire about Tom. It’s that he takes the time to work with young lawyers whether they’re on the prosecution or the defense side. In that way, I got to see the soft, sweeter side of Tom — and Tom never wants that to get out. But everybody who knows him well knows that’s how he is.”
Judge Joseph S. Sciscento, who has been friends with Pitaro for three decades, refers to meetings with Pitaro as “the black hole” because of Pitaro’s propensity to offer unexpectedly deep, richly detailed and even labyrinthine answers to questions that may look simple on the surface.
“Let’s say you go into Tom’s office to ask him a question about a search and seizure issue,” Judge Sciscento said. “He will, off the top of his head, tell you about the existing case law, and the new case law, and how it developed, and how it got there. And you’ll go, ‘OK, thank you, I’ve got it.’ But then Tom will always go further and further, and deeper and deeper, and keep telling you more about related cases and other things that you need to look into.
“He’s so willing to give that information, and he’s so smart about it. Tom takes the time to explain it in a way you can understand it, and he’s genuinely interested in helping you in any way he can.” Judge Sciscento added: “Tom is one of the nicest guys you’ll ever want to meet, but he is also a bulldog, and you never want to cross him. He believes in his cause and he believes in what he’s doing. And he’s also a big Red Sox fan, which is why we’ve been such good friends.”
Helmick, of The Defense Firm, says that spending time with Pitaro and other veteran attorneys such as Fumo and the late Bill Terry was pivotal in his career development.
“I’m sitting down with these giants of the law as this young man, and I was just acting like a sponge, soaking it all in,” Helmick said. “Those guys were fascinating to listen to. Tom has such a good memory and he knows cases and the law so very well. Number one was always their work ethic. It made me work as hard as I possibly could, to hit every single aspect of every case, and just to be inspired by those guys.”
Likewise, Fumo says Pitaro played a pivotal role in his legal career.
“Around 2010 Tom came up to me and said he was thinking about retiring. He didn’t like the business aspect of it, he just wanted to practice law,” Fumo said. “He said if I wanted to partner up, he would stay in practice. I told him, ‘We can’t possibly lose you.’ I was blown away that he asked me. But he said, ‘You’re a fighter, and I like that. I see the fight in you every day. And you’re somebody I would like to end my career with.’ I broke down and cried.”
At age 80, according to Fumo, Pitaro, a graduate of UCLA School of Law, still puts in full workdays including weekends on a regular basis.
“That’s the kind of guy he is,” Fumo said, “especially if he’s got a trial, then it’s all hands on deck. We’re all focused on that trial and what Tom is doing, and it’s always a real honor to be working with him.”
In his counsel with young attorneys, Pitaro said, he stresses that it’s vital to maintain a commitment and a dedication to the law.
“If you look at the legal profession and all you see is dollar signs, it’s the wrong way to approach the law, I think,” Pitaro said. “And unfortunately, when you look at it now, the law is under such stress. I fear for the law, when the highest court in the land is fighting these allegations of petty corruption. I never expected that.
“When you see the things that are being said now by politicians, it shows you, quite truthfully, that this country was based upon an ideal. It wasn’t really based upon the law. It was based on everyone saying that this was the best way to do it. But once you cross that Rubicon, everyone can cross the Rubicon, and that’s really what’s happened.
“I always admired the law. I am a bit of a street fighter, but I always respected the majesty and the dignity of the law.”
Asked how he would like to be remembered, Pitaro was succinct.
“Professionally, just that I tried to do my job, to see that justice was arrived at as best I could,” Pitaro said. “That I would fight for what I believe in.”
Mark Fierro began his career as a reporter/anchor at KLAS-TV, the CBS television station in Las Vegas. He worked at the U.S. House of Representatives in Washington, D.C. He served as communications consultant on IPO road shows on Wall Street. He provided litigation support for the Michael Jackson death trial. He is president of Fierro Communications, Inc., which conducts mock juries and focus groups in addition to public relations and marketing. Fierro is the author of several books including “Road Rage: The Senseless Murder of Tammy Meyers.” He has made numerous appearances on national TV news programs.
Jeff Haney serves as Executive Vice President of Operations for Fierro Communications, where he works on developing and directing all media, marketing, research, consulting and public relations strategies for Fierro Communications’ clients including those in business, government, the legal field and cutting-edge high technology.
The post Vegas Icon: Tom Pitaro, Esq. appeared first on Vegas Legal Magazine.