On April 1, 2025, The National Hellenic Museum in Chicago rewrote Greek history at Chicago’s Harris Theater, 205 E Randolph Drive, as an audience of over 500 “jurors” found the ancient hero Themistocles “not guilty” of treason against the city and people of Athens in 459 BCE. In actual history, Themistocles was never brought to trial for his actions. He had been a much-lauded hero of the Persian Wars, an excellent orator, and at one time, vastly popular. But his life descended into calumny, ruin, and exile, and rumor further tarnished his once gilded reputation, when he accepted a position as a governor in the Persian lands.
The Trial of Themistocles is the most recent mock trial in the Museum’s prestigious Trial Series, an event begun in 2013. Each case promotes the ideals of justice and democracy, garners continuing legal education credits for the scores of attorneys present while hundreds of audience “jurors” also attend. Each case always demonstrates the excellence of a group of Chicago’s best trial lawyers.
Representing the prosecution were Sarah F. King (Clifford Law Offices PC) and Patrick A. Salvi II (Salvi, Schostok & Pritchard PC). King put on the prosecution’s key witness, a former lover of Themistocles (and others), Arsenia, played with sly elan by Judge Megan Goldish, while Salvi adroitly cross-examined Themistocles.
King, in her smooth opening statement, and Salvi, in his reference-packed closing argument and rebuttal, attempted to convince the jury that Themistocles (played with solemn demeanor and projecting voice by Jonathan Shaboo) put his ambition over his loyalty to Athenians. They pointed out first and last his controversial and suspect move to Persia, the very enemy Greece had defeated in the Persian Wars under Themistocles’ leadership. King said that Themistocles “put personal ambition over national allegiance”, noting that his former glory ended in treason. Salvi Jr. emphasized Themistocles’ consciousness of guilt, his sale of secrets to the Persians whose leader, Artaxerxes, did not consider that their new friend was a “mole”.
Representing the defense of Themistocles were Patrick M. Collins (King & Spalding LLP), Tinos Diamantatos (Morgan, Lewis & Bockius LLP) and Katerina Alexopoulos (U.S. Department of Homeland Security).
Collins opened for the defense, passionately and succinctly entreating the jurors that “accusing a man of treason without evidence is an abomination”. He also tersely cross-examined the tricky, sly Arsenia, leaving her jealousy-spawned, broad-joking and flirtatious testimony devoid of tangible proof. She couldn’t tender actual evidence of Themistocles’ treasonous activities, despite the feisty witness’ insistence on direct that she saw incriminating letters between the hero and Persian enemies. These letters were never produced.
Alexopoulos handled the direct of Themistocles in a well-directed, compelling fashion, establishing his love of Athens and eliciting his storied career. Diamantatos closed for the defense, stressing the moral imperative of a fair judicial system, repeatedly advising jurors in a myriad of ways that the prosecution had not met their burden of proof in the case.
The defense colleagues ultimately convinced the jurors of their client’s innocence while reminding the audience how Themistocles made Athens the world’s foremost naval power and led them to victory in the Battle of Salamis, the turning point in the second Persian War.
Judges presiding at The Trial of Themistocles were Justice Joy V. Cunningham (Illinois Supreme Court), Hon. Georgia N. Alexakis (U.S. District Court for the Northern District of Illinois), Hon. Anthony C. Kyriakopoulos (Circuit Court of Cook County) and Hon. Jeffery Chrones (Circuit Court of Cook County).
All four judges found Themistocles not guilty. The 12-member panel of esteemed jurors on stage—comprised of civic leaders, academics and media personalities—found Themistocles not guilty by a margin of 11-1.
This overly one-sided result was by no means due to the lack of skill or preparation of the distinguished legal panel. All of these lawyers, each of whom with a distinctly different oratorical style, excelled in their presentations- there simply was a dearth of proof on the side of the prosecution.
SPOTLIGHT ON DEFENSE CLOSING ARGUMENT/ TINOS DIAMANTATOS:
This reviewer had the opportunity to interview Morgan Lewis and Bockius managing partner, Tinos Diamantatos, about his exceptionally persuasive closing argument and overall trial tactics. He’s a remarkably affable and congenial man, but nobody you’d want as an opponent, despite his courtesy and obvious sense of fair play. Dressed in infinite conservative care, not a hair out of place, he matches body language to verbal ammunition. Nothing appears forced in the delivery, yet nothing is left to chance. Diamantatos answered and rebutted every point presented by the prosecution.
For the most part avoiding sloganeering or jokiness, like some of his stage-partners (and let’s be fair, wit and jokes are always welcome if they break up a serious performance), he nonetheless used memorable phrases: “If the letter story doesn’t sound legit, you must aquit”, he stated, and solemnly told the attentive jury, “This is a politically based attack, not one borne of war or treason.”
When questioned about his thoughts as a trial lawyer on presentation of self, Diamantatos said, “A business suit or dress is a uniform, not a style. Knowing that you look professional can give you confidence. More significant, it conveys reverence for the proceeding itself”. “However”, he cautioned, “How you look and feel are never as important as zealous advocacy: learning, believing and adapting the facts to the methods of proof for the jury”.
The Trial Series highlights the enduring relevance and value of Greek thought and history and supports the mission of the National Hellenic Museum to share Greek history, art, culture and the Greek American story.
For information about all their fine exhibits and programs, go to www.hellenicmuseum.org
All photos by Elios Photography
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