Houston, TX commercial litigation attorney David Berg talks about the State v. Barson case, where he used the battered wife defense for the first time in a Texas court. He points out that he is asked about the most highly publicized case of his early career. There are a few, but the Diana Barson case stands out. He had taken a leave from his practice to work for Jimmy Carter on the campaign and transition team. After Carter is sworn in, he returns home a few days later and restarts his law practice in 1977. It’s a rough transition—the phone doesn’t ring, and he struggles to get cases.

One day, he sits at the Avalon Drug Store, near the wealthy River Oaks neighborhood, enjoying a cup of coffee. His secretary calls him over the phone. It’s 1978. She tells him that someone’s ex-wife is in serious trouble. At first, he doesn’t know the details. He soon learns that the case involves a woman who has shot, killed, and dismembered her husband.

When he arrives at his office, the ex-husband of the accused comes in. The woman had transported the body parts in five garbage bags to her parents’ ranch in California. Overcome with guilt, she had intended to bury them, then attempted suicide—at which point the police arrive and arrest her. The case captures the city’s attention, and the public assumes her guilt. The facts are brutal.

He speaks with her extensively, learning what happened firsthand. From the start, he sees the critical importance of jury selection. His client is diminutive, about 4’11”, while her husband is 6’4” and a weightlifter. He frames the size disparity and builds the argument that she acted in self-defense, even though she doesn’t perfectly meet all the legal elements, such as retreating before using lethal force.

During jury selection, he asks if anyone has reservations about a woman using lethal force against her husband in self-defense. Many hands go up, providing him valuable insight. With a hundred panelists in the room, the case is so highly publicized that the process is intense.

At one point, he hears a woman sobbing in the back. He walks over with a cup of water. She points to his client and says loudly, for all to hear, “If my daughter had done what your client did, she’d be alive today.” That moment becomes a psychological turning point. The jury begins to empathize with the nuances of the case, understanding that there are two sides to the story. He learns a powerful lesson: let panelists talk during jury selection, make them tell stories that mirror the client’s experience, and use their empathy to reinforce the narrative.

The judge is Piggy Hughes. The jury deliberates, and he expects a guilty verdict with probation, as Texas juries both find guilt and determine sentencing. His mentor, Race Sains, had warned him that while the jury might understand the killing, they would never forgive the handling of the body. Yet the jury acquits her. That case marks a turning point, and his career truly takes off.