Meet the Phenomenal Prosecutor
~ Joseph H. Hartzler ~
Assistant U.S. Attorney
U.S. Prosecutor, Oklahoma City Bombing Trial
Compiled by Shirley Butler & Brandi Bard
"Whoever committed this crime is destined for a life in hell, and I'm just hoping that I can speed the delivery." Joseph H. Hartzler (1)
Joe Hartzler moves faster than most people. "You'd have to jog to keep up with me when I'm on the scooter," he says. And slower. He also uses a wheelchair. Both means of transportation have become part of his life since 1989 when he was diagnosed with multiple sclerosis, a degenerative neurological disorder that took away the use of his legs. Hartzler says he learned early on to be realistic about his disability. No more tennis, obviously. "But I learned to resist imposing limits on myself just because something would be inconvenient," he says. "I had to ask myself, 'What can I do?' Not focus on what I can't do." (2)
In the aftermath of the devastating bombing in Oklahoma City, the United States Justice Department had the daunting job of selecting who would prosecute the two men accused of the heinous crime. It might not have seemed that Joseph Hartzler was an obvious choice.
The middle son of Rex and Merle Hartzler, Joe was raised and educated in Ohio. He earned a Bachelor's Degree in English from Amherst College, and then attended American University's Washington College of Law (graduating first in his class in 1978). Afterwards he returned to the Midwest. He clerked for a year for the U.S. Court of Appeals in Washington before joining the Chicago U.S. Attorney's office where he worked for ten years. He and his wife, Lisa (thrown together by alphabetical coincidence in law school) were married in 1981. The Hartzlers now have three sons, 12, 10 and 6.
In 1989 he left the U.S. Attorney's office to become a partner in the firm of Rudnick & Wolfe. Then in 1991 he and Lisa made the decision to leave Chicago and relocate to the 0.quieter environment of Springfield, Illinois in the U.S. attorney's office. This way their family could spend more time together. Working in Springfield, Hartzler had only a 12-minute commute if he hit all the lights. He wanted to teach Sunday school, coach Little League and spend more time with his young sons. There was also the well-known fact that multiple sclerosis can be exacerbated by stress.
However that was before Joe heard the reports of the bombing in Oklahoma City on his car radio. When he heard about the unspeakable carnage he didn't wait to be drafted ... Hartzler called a friend in the Justice Department offering to assist in whatever way he could, even in the background, checking telephone or bank records, etc.
Dozens of federal prosecutors wanted the job of winning justice for those killed and injured, and to obtain a form of closure for their families. Many of his friends say that Hartzler was more than willing to endure the physical discomfort and long hours necessary to try the case, because he felt so strongly about bringing the bombers to justice. "I may have MS, but it doesn't have me. It will be stressful and a lot of hard work, of course, but I know that I'm up to the task." (3) He further stated, "I thought I had some skills that I could contribute." (4) Shortly afterwards Hartzler's name began appearing on lists of potential members of the prosecution team; and by Memorial Day 1995 he had been named head of the staff. At the time, he knew it was going to be a two-year commitment, so he talked it over with his wife and sons. "We all thought it was an important project - something I could do that would make a difference." (5)
Top officials in the Justice Department say they chose Hartzler because of his abilities to manage complicated cases and investigations. They praised him as a sharp trial lawyer with a quick mind who stays calm in the face of intense pressure. He is known for his ability to present strong cases built predominantly on circumstantial evidence. This talent was to have been vital in the bombing case, especially because no witness came forward to put Timothy McVeigh at the scene of the crime. Also, in the wake of the O.J. Simpson trial, officials most likely did not want a lead attorney who would command more attention than the victims or their families. They obviously were not worried that his MS would endanger the prosecution's chance of winning this momentous case.
The first news reports from the trial all noted his multiple sclerosis. He has been referred to as "The Ironside of Illinois," (a reference to the wheel-chair bound police consultant in the television series). The pictures showed him zipping along on his scooter. He liked that. He wanted to show America that a disability doesn't keep someone from doing a job. But he didn't like some of the early wording. "One caption read: 'He suffers from MS,' " Hartzler says. "I wrote a letter to the editor telling them I have MS. I don't suffer from it."
Shortly before being appointed lead prosecutor, Hartzler was honored as the 1995 MS Father of the Year by the National Multiple Sclerosis Society. President Clinton presented the award to Hartzler as his family looked on. In honoring Hartzler as Father of the Year, the society noted Hartzler's devotion to his sons, and cited the children's favorite father-son bedtime story-telling activities. A lover of sports (Joe played football, baseball and soccer in high school), Hartzler coaches youth baseball and he named his team the Mighty Skunks, a twist on the initials MS. Regarding coaching the Little League team, Joe said, "I was late in signing up, so all the good colors, red, blue or green, for team uniforms were taken. So I took black. Thought we'd look tough like the Chicago White Sox baseball team. But then I thought again and thought we should have our own name. Zebra's didn't do it. But Skunks? Yes! The boys would love it. And Mighty Skunks, even better. I didn't tell the boys that the Mighty was for me -- MS." (6)
Hartzler is not shy about acknowledging his illness, but he prefers to dwell on other aspects of his life. Hartzler says his three boys are his main focus. "If I stayed in Chicago, I probably could not have ever coached Little League again in my life -- and that was just not acceptable." (7) Coaching Little League, however, had to remain on hold until the end of the trial.
In more ways than coping with his MS, Hartzler can easily be a role model for his sons. In 1987 he was named a "hero" by the city of Chicago for helping to subdue a pickpocket on the elevated train. Hartzler, at 5 feet, 9 inches tall, put the much bigger man in a head lock on the subway platform.
So it was this man - - aggressive prosecutor, devoted husband and father, and little league coach - - who, at the start of the penalty phase of the trial, felt the need to prepare the victims' families for the painful testimony they were about to hear. He said to them: "Steel yourselves. Lower your heads. Clench your teeth. Bite your tongues. Whatever you have to do." (8)
And so it would also seem that this Phenomenal Prosecutor, Joseph Hartzler, does whatever he has to do to live his life and does not allow his physical challenge to detract from it.
References:
1. ABC News - Starwave
2. Reprinted by permission from the August 1997 issue of The Lutheran, copyright 1997 Augsburg Fortress. May not be reproduced further.
3. ABC News
4. Robert Schmidt, "Low Key, High Pressure", Legal Times, Sep 1997.
5. August 1997 The Lutheran
6. August 1997 The Lutheran
7. Schmidt, "Low Key", Legal Times
8. ABC News
