Themistocles was a military hero and a political leader, born to a working-class family just outside Athens around 524 BCE. He rose to lead Athens in war and peace but his downfall began when he was accused of corruption and ultimately of treason. Was Themistocles a hero or a traitor?
That was the question decided by a jury of Chicago citizens as The Trial of Themistocles: Hero or Traitor? You Decide was conducted in the annual event sponsored by the National Hellenic Museum of Chicago at the Harris Theater. Chicago lawyers and judges serve as prosecuting and defense attorneys and judges. Actors portray Themistocles and the witness against him. The 12-member panel of jurors seated at the side of the stage is made up of civic leaders, academics and media personalities.
The trial re-enactment is fascinating, in the colorful history described and also in the performances of lawyers and actors. Clearly the attorneys have fun with this trial. They are the star performers in the versions of the annual trial that I’ve seen. They prepare their cases carefully but lard them with witticisms and topical comments, which always get laughs from the audience. My only criticism of this annual event is that it is a bit long. The running time—as we say in the theater biz—is 2.5 hours with one intermission. Given the amount of material communicated, it would be tough to cut too much—although lawyers could be given shorter time limits. In this case, the questioning of Arsenia went on too long while Themistocles’ performance should have been more dramatic.
The enthusiastic audience of more than 500 votes on the defendant’s guilt or innocence too, as was the case in ancient Athens, where 500 to 1000 citizens would vote on the guilt or innocence of a defendant. As we arrive for the trial, we are handed small bags with two chips—a blue one for guilty and a white one for not guilty.
First, we need to learn a bit about Themistocles. The new democracy of Athens made it possible for any man with the right talent and skills to become prominent; this was the case with Themistocles. He was elected to Athens’ highest office—Archon Eponymous—and led Athens in building its navy. When Persia invaded Greece, Athens was ready and the Athens navy, using Themistocles’ strategy, soundly defeated Persia in the Battle of Salamis. Themistocles was declared a hero. His prominence led him to become arrogant and boastful (he placed statues of himself around Athens), and his downfall came when the people of Athens ostracized him. Ostracism was a democratic procedure in which a citizen could be expelled from Athens for 10 years. Forced to leave his home, Themistocles approached the Persian court, the former enemies of Athens, where he was named governor of Magnesia, a Persian city-state; he lived there for the rest of his life. This led citizens of Athens to accuse him of treason. (In the actual history, Themistocles never faced trial for his actions.)
The trial of Themistocles proceeds with all usual steps seen in a trial today. The process of trial by jury, after all, is rooted in Greek history. Our first sign that we are in a courtroom is when a bailiff calls out “All rise” and the audience rises as the judges enter. The jury, the defendant and witness are sworn in (with an oath in the names of Zeus, Apollo, and Demeter).
The judges for the case are 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). The event is emceed by award-winning Chicago media personality and NHM trustee Andrea Darlas.
The defense team is made up of attorneys Patrick Collins, a former federal prosecutor (King & Spalding); Tinos Diamantatos (Morgan, Lewis & Bockius LLP; and Katerina Alexopoulos (U.S. Department of Homeland Security). Prosecuting the case for the People of Athens are Sarah King (Clifford Law Offices PC) and Patrick A. Salvi II (Salvi, Schostok & Pritchard PC).
The witness for the prosecution is Arsenia, former lover of both Themistocles and his rival, Aristides. Arsenia, played by Judge Megan Goldish, notes that she was named for a famous talk-show host, Arsenio Hall. After King questions her about her relationships with Themistocles and Aristides, she asks Arsenia about the evidence she claimed to have seen: letters on parchment between Themistocles and Persian leaders, collaborating for Themistocles to leave Persia. Later, when defense attorney Collins questions her, he declares that everything we have heard so far is “fake news.” When Collins grills her about the letters, Arsenia admits she did not have any of them, but she did see them.
Themistocles, played by actor Jonathan Shaboo (he appeared in the touring production of The Kite Runnerhere last June), takes the stand and is questioned by his attorney Alexopoulos. He admits to his long infidelity and relationship with Arsenia but denies any collusion with the Persians. His only goal in meeting with the Persian king, he says, was to find a new home after he is ostracized from Athens. He firmly denies being a traitor. And prosecuting attorney Salvi is unable to extract any convicting evidence from him, despite his lively efforts to do so.
Closing remarks are made by Salvi for the prosecution and by Diamantatos for the defense. Diamantatos describes Themistocles’ exploits at the Battles of Marathon and Thermopylae and reminds us of the beauty of our legal system, founded in ancient Greece.
Judge Cunningham gives instructions to the jury for their deliberation. When the jury returns, they vote 11-1 that Themistocles is not guilty. Meanwhile the votes of the audience are being taken. Volunteers pass through the audience with blue and white bags. Each audience member drops a chip into the appropriate bag. Once the jury vote is announced, the chips are poured into a scale set center stage. The weight of the white chips is overwhelming while the scale barely moves when the blue chips are poured in.
The judges also vote, acknowledging the votes already cast by jury and audience. All four judges vote for acquittal.
You can read our two recent reports on Hellenic Museum trials here. The Trial of Pericles and the Trial of Socrates.
The National Hellenic Museum highlights the enduring relevance and value of Greek thought and history; the museum is located at 333 S. Halsted St. in Greektown. Museum hours are Thursday through Sunday from 10am-4pm. For more information, visit nationalhellenicmuseum.org or call 312-655-1234.
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