NJT play reimagines Leopold and Loeb case as bone-chilling romance

BY ROBERT A. COHN, Editor-in-Chief Emeritus

Long before the O.J. Simpson trial, the description “Trial of the Century” was reserved for the deeply disturbing 1924 case of the abduction-murder of Bobby Franks by Nathan Leopold and Richard Loeb, two wealthy, Jewish, and intellectually brilliant Chicago boys who wanted to commit the perfect crime.

The two young men were influenced by German philosopher Friedrich Nietzche’s conception of supermen (Ubermenschen): so-called superior individuals whose intellectual brilliance and gifts allowed them to flagrantly disregard laws designed for the inferior balance of the population, the so-called “Untermenschen.”  

That odious philosophy was to later inspire the Nazi Party, which was soon to emerge in Germany.

The perpetrators badly bungled their horrific and utterly pointless crime, to which they confessed and for which they were defended by the legendary Clarence Darrow, the most celebrated and accomplished defense lawyer in American history. 

The two young men met and almost immediately clicked, having such high IQs and superior attitudes in common. They also quickly became lovers as well as friends, with Loeb, although younger than Leopold, holding the power in their sexual relationship. As long as Leopold went along with Loeb’s petty criminal schemes, he made himself available to Leopold sexually and used Leopold’s romantic obsession with him for leverage. Doing so eventually led to their fatal scheme to select a neighborhood child, who turned out to be Loeb’s cousin Bobby Franks, to kill for the thrill of getting away with murder.

“Never the Sinner” derives its title from a famous motto of Darrow to explain why he would defend even confessed murderers like Leopold and Loeb: “I can hate the sin, but never the sinner.”

The NJT production of “Never the Sinner,” tautly directed by Rick Dildine, features strong performances by the four lead actors. 

Pete Winfrey captures the shoulder-shrugging swagger of Loeb, who was comfortable in social situations and obnoxiously sure of himself. Jack Zanger evokes the dark, introverted nature of Leopold, his authentic and scholarly knowledge of science and philosophy and his helpless infatuation with Loeb, which makes him a virtual slave.

As Darrow, John Flack’s portrayal illustrates the disarmingly folksy approach the lawyer used to win so many cases, as well as his unique tactical skills. He shocks prosecutors by entering pleas of guilty for Leopold and Loeb, thereby avoiding a jury trial, so he could focus his attention on persuading the judge not to sentence the bizarre duo of killers to death. His courtroom sparring with Robert Crowe, the prosecuting attorney effectively portrayed by Eric Dean White, is a riveting display of nearly equal legal minds who respect each other despite being on opposite sides.

The two murderers remain absolutely remorseless throughout the trial, which at the time received lurid and sensationalist coverage in the Chicago and national media.  Exact copies of the front pages of the Chicago Tribune and Sun-Times are used effectively as props throughout the action. An ensemble group effectively portrays the frenetic coverage of the trial, complete with shouted questions, clacking typewriters and screaming headlines.

A key moment comes when Darrow, who said that he often regretted taking the case, asks Leopold and Loeb point blank: “Why did you kill Bobby Franks?” The two academically brilliant young men could only answer Darrow’s question with blank stares. The audience may leave also asking the question: “Why did they kill Bobby Franks?” There is no good answer.

The two confessed, wealthy killers are decked out in perfectly tailored dark suits matching their Valentino-style slicked back hair. A shout-out to Michele Friedman Siler, for costume design and to Peter Spack, the scene-change artist. 

After Leopold and Loeb were sentenced to “life plus 99 years,” Loeb was stabbed to death by a fellow prisoner in 1936 and Leopold finally got paroled in the late 1960s. He then went to work in a hospital in Puerto Rico, finally using his intellect to help people instead of asserting his “superman” status.

“Never the Sinner” is a compelling play with some disturbing elements, which some might take as casting the two cold-blooded killers as “romantic.” The words of Robert Crowe demanding the death penalty are just as persuasive while he is talking as Clarence Darrow’s epic denunciation of capital punishment.