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J. Osborn Obituary

Chapel Hill attorney J. Kirk Osborn passed away in the early hours of March 25, 2007, at the University of North Carolina Medical Center in Chapel Hill, North Carolina. Perhaps most recently recognized for his representation of Reade Seligman in the Duke Lacrosse case, Kirk's defining trait as a lawyer was his uncompromising unwillingness to tolerate injustice. Kirk firmly believed the Constitution could not survive without the existence of defense attorneys willing to fight for unpopular clients, even if that meant incurring the wrath of prosecutors who had become unmoored from notions of fairness and justice.
Kirk tried countless state and federal cases to verdict. Some of his more notable trials were the so- called Little Rascals Daycare case, where Kirk's zealous advocacy for his wrongly-convicted client won her a new trial followed by an outright dismissal of the charges against her. Kirk was also nationally known as one of the few North Carolina attorneys who had ever obtained a verdict of not guilty by reason of insanity in the case of a Chapel Hill Law Student who had been charged with gunning down two people in Chapel Hill.
For those who knew him best, though, Kirk was first and foremost a devoted husband, a loving father, and an amazing friend. Kirk was born on July 4, 1942, in Havre Montana, to Dorothy Briggs and Robert Blair Osborn. He spent his early years in Flint, MI, and his grade school years in Golden, CO, at the foot of the Rocky Mountains, where he graduated from high school in 1960. Kirk entered the University of Colorado in Boulder on an athletic scholarship with his twin brother, where he was a four- year veteran and three-year letterman on the University of Colorado Football Team. Kirk was on the 1964 University of Colorado Orange Bowl team. After graduating in 1965 with a Bachelor of Arts degree in mathematics, Kirk entered Colorado State University, where he earned a Master of Science Degree in mathematical statistics in 1967.
Kirk moved to Chapel Hill in 1968 to pursue his advanced degree in statistics. Sometime during his advanced mathematical studies, Kirk signed on to work locally for Bobby Kennedy's presidential campaign, and was so moved by the Kennedy campaign and by Kennedy's death that he decided to leave his mathematical studies to enroll in the University of North Carolina Law School, where he earned the degree of Juris Doctor in 1974. During the beginning years of his practice, Kirk practiced law with the Chapel Hill law firm of Manning & Jackson.
In 1980, the firm was renamed Manning Osborn & Frankstone where Kirk practiced until 1983. In 1983, North Carolina Governor Jim Hunt appointed Kirk to the newly created position of Public Defender for the judicial district that encompassed Orange and Chatham Counties. During his tenure as Public Defender, Kirk was known for his willingness to try the most difficult cases himself. Rather than simply administer the office, Kirk would often lead the trial teams defending indigent criminal defendants. Kirk was often referred to as the "Public Defender of the Poor." In 1987, based on Kirk's stellar performance as Public Defender, Resident Superior Court Judge F. Gordon Battle re-appointed Kirk to that post, where he continued to burnish his reputation as a fearless and ethical advocate for poor people charged with crimes.
In 1990 Kirk left the Public Defenders Office to open The Law Office of Kirk Osborn, where he continued primarily to defend criminal clients until the day of his passing.
On August 18, 1987, Kirk married Tania Sue Williams, a graduate of the North Carolina State University with a Bachelor of Science Degree in Material Science and Engineering. Tania and Kirk have two teenaged daughters, Michela Jantzen Osborn, 18, and Jenna Kirk Osborn, 15. Kirk was a member of the North Carolina, Orange County, and 15-B Judicial District Bar Associations; the North Carolina Academy of Trial Lawyers; the American Bar Association, and the Fair Trial Initiative.
As a member of the Fair Trial Initiative, Kirk served as a member of the Board of Directors and, at the time of his passing, had been elected chairman of that organization. In Kirk's honor, the Fair Trial Initiative renamed its annual fellowships, which are awarded to promising young attorneys seeking to be mentored in capital litigation, the "J. Kirk Osborn Fellowships."
Kirk was nationally known for his strong sense of ethics and for his tireless and zealous representation of his clients. To those who had the privilege of working with him, Kirk was perhaps best known for his love of mentoring the young attorneys with whom he practiced. Kirk's example touched the lives of countless attorneys nationwide, and, without exception, those who had the privilege of working with Kirk came away from the experience deeply touched by his respect for the law and for the justice system, and for his absolute and unwavering intolerance for injustice. Kirk had a deep and abiding sense of compassion for the frailties of humanity and was well known for his ability to communicate those to the juries to whom he argued his cases. No defendant Kirk Osborn ever represented in a capital murder case ever received the death penalty from one of his juries.
Kirk intensely loved his family and his friends, and was a fierce competitor until the last day of his life.
He was preceded in death by his parents and his twin brother Stephen Briggs Osborn.
Kirk is survived by his wife, Tania; his daughters; his sister, Lynn Osborn Simons, Cheyenne WY; his brother, R. Blair Osborn, Seattle, WA; and countless close friends and colleagues.
In lieu of flowers, the family requests support of the Fair Trial Initiative (www.fairtrial.org), 201 West Main Street, Suite 300, Durham 27707 or The Hill Center, 3200 Picket Road, Durham 27705.

To plant trees in memory, please visit the Sympathy Store.

Published by The News & Observer on Mar. 29, 2007.

Memories and Condolences
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Connie Parfet Marolt

April 19, 2007

My first two loves...Kirk and Steve. I was 6, they were 7. I would visit my friend, Mary Painter, who lived above them. They would tease us, and we would run screaming over the grassy lawns of Miner's Park. They became wonderful athletes and stars at Golden. They were shy and gentle, yet very competitive. We all went to the University of Colorado and we all stayed in touch throughout the four years. Doug Rohwer and Dave Zaharias were Delts with them...and it was a "Golden" time then as well. With the loss of Steve, it seemed as though the light dimmed a bit. But athletes have this special quality and the circle of friendship stayed strong. Throughout the rest of the years, reunions and such, we would get to glance back at the remarkable times we spent in the early 50's and 60's where life seemed much easier then.
Our busy lives take us to far away places, but we can always reflect on the wonderful times we all had with such extraordinary individuals...and Kirk was certainly one of the brightest lights. He will be missed, but never never forgotten. We all were better because of knowing him and his brother...and they added to the fabric of our lives.

Cheryl Swanson

March 31, 2007

I was a sophomore when I met Kirk. I was dating John Swanson at the time, who I later married. Kirk wanted us to meet a girl that he was dating from Lakewood. We all got into Kirk's car and drove over to her house. She was a very nice and pretty girl. She had been in a car accident and had a fairly large scar across her face. Kirk really impressed me, because most guys wouldn't have gotten past the scar. I thought what a great person. He liked her for who she was and not something superficial. It sounds as if this trait followed him through his life. We will miss him. May your many cherished memories carry you through this difficult time. Cheryl Swanson

John Swanson

March 31, 2007

My memories of Kirk go to the time we spent together in playing sports and on academics. He excelled in both. It was a honor to have known him. We were close friends in high school, and it was great to see him at the class reunions. He will be sorely missed by all who knew him. Our thoughts and condolences to his family at this difficult time. May you find peace in all your memories.

Gerry Dye

March 30, 2007

I have memories of Kirk that span about 55 years. My first memories are occasions that I was invited to to dinner at the Osborn's. One of the first times we were served baked potatoes and sour cream was offered. My mother had tried to get me to eat sour cream but somehow it did not make sense to me that anyone would eat anything that looked like sour cream and was called sour cream. Kirk assured me that sour cream was actually a good thing and even as a young child Kirk was persuasive and I ate the sour cream.
I remember racing Kirk and Steve over the the terraces on the Colorado School of Mines faculty housing grounds and jumping in the air like a steeple chase. I beat them the first two times but the third time Kirk beat me... did he let me win?
Years later at CU I ran into Kirk at Norlin Library (he was probably studying I am not sure why I was there) we had not seen each other since high school; by this time Kirk was a popular athlete, successful student, and a big man on campus. He suggested that we go have a beer and we spent probably an hour catching up on friends and family. I was so impressed because I was just your regular guy on campus but he treated me as if I was somebody important and special.
The last time I saw Kirk was with Tania in his hospital room in Boulder when he was recovering from a mountain bike accident before our last high school reunion. He wanted to talk about me and my family rather than about his injuries and his life.
The best tribute to Kirk would be for his daughters and friends to emulate his compassion for others and to insure that all have equal justice.

Marcia Ziegler

March 30, 2007

Our Golden (Colorado) High School (Class of 1960) class motto was: What we are is God’s gift to us. What we become is our gift to God.

Kirk didn’t have to find friends that looked like him, acted like him, or shared the same interests. He always seemed to have a deeper sense of the value of everyone’s life and interests. He found friendship with those who were subtly different, or vastly different, including people who loved art, literature, music, and theater as well as the craft of writing – all with a capacity to live life to their fullest, in their own way. I was one of those.

Perhaps we Golden High School friends knew Kirk as the younger version of the great humanitarian we today pay tribute to.

As author Mitch Albom writes in Tuesday’s With Morrie, “Death is the end of a lifetime, not the end of a relationship.” We’ll miss Kirk but we won’t forget him. He lived his life as the gift promised in that motto.

Marcia Dorsey Ziegler
Golden High School Class of 1960

Daniel Willard

March 30, 2007

May God's blessings give peace and comfort to the Osborn family during these outrageously difficult times. I have a few treasured memories from our school days together, to help me to deal with the world as it exists today. I will always remember Kirk as a trustworthy friend, deserving of my most profound respect.

Paul Wisgerhof

March 29, 2007

Kirk was a great guy and good friend. He will be sorely missed by the Golden High School Class of 1960 (CO). Many fond memories of Kirk and Steve - shooting on Table Mountain, football and basketball games (we went to the State Championships in both football and basketball in the 1959-60 seasons), and chasing my boxer dog around town. We didn't stay in close contact, but we did keep in touch from time to time, often via mutual friends. May God keep you in the palm of his hand.

Andy Klemm

March 29, 2007

Kirk was a great friend. I knew him from early childhood. I have a treasured photo and Kirk and Steve and other friends at my backyard 8th birthday in Golden - it looks like something out of Peanuts.

Later there was Golden football and other athletics and time at CU.

Kirk loved his children as no man I have ever met. He had the greatest smile a person could have. It's wonderful to know he put his positive attitude to such maverous use in public life.

He will be hugely missed by all whom he touched. May God rest his soul and light perpetual shine upon him.

Jeanne Kreamelmeyer

March 29, 2007

Wonderful, uncomplicated childhood memories of Kirk Osborn.
1. Playing kick-the-can with Kirk and Steve on a balmy summer evening.
2. Watching Kirk and Steve co-captain the GHS football team.
3. When I think of Kirk, I smile that he lived and shared his life with us during those high school years in Golden......

Please know that you are in my thoughts and prayers during this difficult time. Losing a loved one is, indeed, one of the most difficult burdens we must bear. May the love of your friends and family bring you comfort and the love of your God bring you peace.

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