CrimProf Blog

Constitution Project Study IDs Flaws in Public Defense System

The American legal system guarantees "equal justice under law." Those words, carved in stone on the facade of the Supreme Court, are a constitutional promise that everyone will have the same opportunity for justice.

But a new report by the bipartisan Constitution Project says the United States has broken that promise for poor people accused of crimes. The report is the most in-depth study of indigent defense in decades.

The Gideon Decision

In a hallway of a law firm in downtown Washington, a copy of a handwritten petition hangs framed on the wall. It's two pages, side by side. A stamp at the top says: "January 8, 1962, Office of the Clerk, Supreme Court." A signature at the bottom says, "Clarence Earl Gideon."

On Tuesday morning, Abe Krash stood looking at the petition, remembering a case that he worked on more than 45 years ago. "This eventually led to the opinion and decision by the Supreme Court in the Gideon case," he said.

Abe Krash was a young attorney on the case. It's now considered one of the most important decisions of the 20th century. As Krash describes it, the ruling "held that every person in this country who is tried on a criminal charge is entitled to the assistance of a lawyer, regardless of his financial condition. If he's too poor to hire a lawyer, he's entitled to have one appointed for him by the government."

The Gideon decision helped establish the system of public defenders across the country. Krash returned to his old law firm Tuesday for the release of the report on the state of that system.

'A Basic Constitutional Right'

"It does not paint a pretty picture," said Tim Lewis, one of the report's authors.

Read full article here. [Brooks Holland]

Death Row Inmate Offers Help to Victim's Family

From MSNBC.com: "COLUMBIA, S.C. - Monica Caison figured it was worth a shot, so she fired off a letter, a single paragraph, to the man on death row for kidnapping and killing Alice Donovan during a two-week, 2,300-mile crime spree.

“You say you want to do the right thing,” wrote Caison, the founder of a group that searches for missing people. “I’m here and I’m listening.”

She received Chadrick Fulks’ reply two months later: a map, color photos of the area where he says he left Donovan’s body six years ago, and instructions to look where searchers had not ventured before." Full Story from MSNBC.com... [Michele Berry]

Judge Rejects Obama's Request for Stay in Guantanamo Trial

From Law.com: "A military judge at Guantanamo on Thursday rejected a White House request to suspend a hearing for the alleged mastermind of the USS Cole bombing, creating an unexpected challenge for the administration as it reviews how America puts suspected terrorists on trial.

The judge, Army Col. James Pohl, said his decision was difficult but necessary to protect "the public interest in a speedy trial." The ruling came in the case against Abd al-Rahim al-Nashiri. The bombing of the Navy destroyer in 2000 in the harbor of Aden, Yemen, killed 17 U.S. sailors.

It seemed to take the Pentagon and White House by surprise.

"We just learned of the ruling ... and we are consulting with the Pentagon and the Department of Justice to explore our options in the case," said White Press secretary Robert Gibbs, adding that he doubted the decision would hamper the administration's ability to decide how to move forward from Guantanamo." Full Story from Law.com... [Michele Berry]

Defendant Invokes Morning Constitutional to Obtain New Trial Lawyer

A mistrial was declared Monday when a home-invasion robbery suspect smeared human feces on his attorney's face then threw more at the jury.

Weusi McGowan, 37, was upset because San Diego Superior Court Judge Jeffrey Fraser refused to remove Deputy Alternate Public Defender Jeffrey Martin from the case, prosecutor Christopher Lawson said.

At the mid-morning break, McGowan produced a plastic baggie filled with fecal matter and spread it on Martin's hair and face, then flung the excrement toward the jury box, hitting the briefcase of juror No. 9 but missing the juror himself.

"That juror didn't even see it coming," Lawson said.

The prosecutor said the defendant was compliant after the outburst and was taken into custody without further incident.

After lunch, Fraser dismissed the jury, telling them McGowan would have to get a new lawyer and that his trial would be delayed.

The judge scheduled a status conference for Feb. 9 and raised the defendant's bail from $250,000 to $1 million, finding he is a danger to the community.

Read full article here. [Brooks Holland]

Federal Judicial Vacancies for Appointment by Obama Administration

Courtesy of uscourts.gov, here is a list of the 55 federal judicial vacancies the Obama Administration will have the opportunity to fill by appointment. 18 of the vacancies are considered "judicial emergencies." [Michele Berry]

NPR: "Obama Orders Guantanamo Bay Prison Closure"

NPR.org: On Day 2 of his presidency, Barack Obama signed executive orders "designed to close Guantanamo Bay prison within a year, prohibit extreme interrogation practices and revisit military tribunals for suspected terrorists.

'Shutting the detention facility is intended to show that U.S. foreign policy is in metamorphosis. The message that we are sending around the world is that the United States intends to prosecute the ongoing struggle against violence and terrorism' but will do so 'in a manner consistent with our values and our ideals," Obama said while signing the orders. Full story from NPR.org... [Michele Berry]

Obama's First Move as President

Even before his adorable dance moves with First Lady Michelle (video here), President Obama's first move came in the criminal law arena-- an order via Defense Secretary Robert Gates to military prosecutors in the Guantanamo war crimes tribunals to request a 120 day stay in all pending cases. The stay will allow the Obama administration a chance to review all the pending cases. His order came just hours after his oath of office. Thus far proceedings are frozen in the case against Canadian Omar Khadr, who was captured at age 15 and is accused of murdering a U.S. soldier with a grenade during a firefight in Afghanistan. A stay was also granted in the death penalty case against five prisoners accused of plotting the 9/11 attacks. More from CNN.com... [Michele Berry]

Actor Lillo Brancato Acquitted of Felony Murder

A slain cop's sister cried junk justice last night after a Bronx jury acquitted actor-turned-junkie Lillo Brancato of murdering Officer Daniel Enchautegui.

"I'm disappointed, I'm disappointed," a shocked Yolanda Rosa said. "What message is this sending out to the New York City police officers today?"

Rosa said she was baffled that Brancato was found guilty only of trying to burglarize his buddy's house - the crime that sparked the confrontation that left her brother dead.

"Oh my God," Rosa said. "I waited three long years for this. ... It's wrong."

Patrolmen's Benevolent Association President Patrick Lynch said Brancato was just as guilty as his accomplice, Steven Armento, who shot Enchautegui at point-blank range.

"This would not have happened if not for this animal's drug habit," said Lynch. "The only good thing is that this skunk is not walking out to spend Christmas with his family. The sad part is that neither is Daniel."

Brancato, 32, faces from 3-1/2 to 15 years in prison when he is sentenced on Jan. 9, and prosecutor Terry Gottlieb said she will ask for the max.

"He's going to jail for a very long time," Gottlieb said.

Don't count on it, countered Brancato's lawyer Joseph Tacopina, who said his client has already spent three years in jail awaiting trial and could walk with time served.

"The worst is behind Mr. Brancato," he said. "He's very relieved."

Read full article here. [Brooks Holland]

New Charge for Bernard Kerik

Disgraced former NYPD Commissioner Bernard Kerik's glib response to White House officials when he interviewed to be director of homeland security may land him in prison.

"Nope, it's all in my book," Kerik said when asked in 2002 if there was "anything embarrassing that he wouldn't want the public to know about." In "The Lost Son," Kerik admitted fathering a daughter while he was a soldier in Korea and said his mother, a prostitute, was murdered.

In a beefed-up indictment issued Tuesday, Manhattan federal prosecutors said Kerik should have owned up to his ties to a mob-linked contractor as well as his failure to pay taxes for a nanny he employed.

Kerik attorney Barry Berke said Kerik's statements were not false since the White House query was vague.

The new indictment, which replaces a previous one, still charges that Kerik got free renovations from a would-be city contractor and filed false income-tax returns.

Kerik was forced to withdraw his nomination for homeland security czar shortly after his name was floated.

Article available here. [Brooks Holland]

Plaxico Burress Turns Himself In On Gun Charge

Troubled Giants star Plaxico Burress turned himself into a Manhattan precinct Monday morning where he is expected to be charged after accidentally shooting himself in the right thigh while drinking at a Midtown nightclub.

Walking with no sign of a limp from the bullet wound, Burress stepped out of a black Cadillac Escalade in front of the NYPD's 17th Precinct just after 8 a.m. Wearing dark jeans, a white collared shirt and a black jacket, he stared straight ahead as he walked and ignored shouts from an assembled group of reporters and fans.

His lawyer said the wide receiver would be arraigned at 1 p.m. at Central Booking and would plead not guilty to charges of criminal possession of a weapon.

"He's standing tall," said attorney Benjamin Brafman. "He's a mature adult handling this very well, I think, under the circumstances."

"He...has been overwhelmed by the outpouring of support from people who I think understand that he's a fundamentally decent man in a difficult situation," Brafman said.

Burress, 31, was partying at the Latin Quarter nightclub with teammates after midnight Saturday when he fumbled with the gun tucked in his waistband, accidentally firing a single round that ripped through his right thigh.

Burress, who signed a $35-million contract extension in the wake of the Super Bowl win, has been a season-long distraction to the Giants and his Big Blue bosses hinted before yesterday's game that the receiver's tenure in the Meadowlands may be coming to an end.

Burress' lawyer stressed that his client can still suit up for the defending champs.

Read full article here. [Brooks Holland]