04/16 - 04/23
Sammy King  |  by pdstuff.blogspot.com. All rights reserved. 14.01 | 12:53

From :

Massachusetts district attorneys say they are being deprived of the money they need to run their operations, and are sometimes losing cases because they cannot retain experienced prosecutors at low state salaries.
The district attorneys have launched a campaign to persuade legislators to boost their budget and to correct what they say is a disparity between the resources they receive, and those given to defense lawyers for the indigent.
''I don't think the public wants a system that's more weighted to defending murderers, rapists, and child abusers than it is toward prosecuting them," said the Suffolk County district attorney, Daniel F.

Conley. ''The public safety is going to suffer unless and until the Legislature takes a totally different view of how we fund prosecutors' offices."
The Middlesex County district attorney, Martha Coakley, and the Cape and Islands district attorney, Michael O'Keefe, said their offices have lost cases because of a reliance on inexperienced prosecutors.


When meth users find themselves under arrest and in the judicial system, they generally come in contact with the public defender's office. According to Assistant Public Defender Cannon Stevens and District Defender Linda Burson, the very issues that lead the methamphetamine user to be in need of legal defense are the reasons for which they are some of the most difficult clients to represent.
When these difficulties are combined with the heavy case loads the office faces, the toll methamphetamine takes on the public defender's office and its personnel turns out to be huge.


The two said there are a variety of reasons why methamphetamine addicts are troublesome clients. Besides the obvious problems of irritability and paranoia, there are issues of mental instability, which lead them to miss appointments and to lie about their drug use when they do show up.

"Tweakers are the worst for appointments," said Stevens.

"They are the most difficult clients to deal with. They don't trust us."
TAMPA - On just about every floor of the courthouse, people were talking about the young man representing himself against a murder charge.


Prosecutors, public defenders, bailiffs assigned to other courtrooms and court personnel filtered in and out of courtroom 24 to watch Michael Glenn in action.
Often, it wasn't pretty.
Glenn, 24, constantly repeated vague questions for witnesses to answer over and over.

The repeats brought objections from prosecutors and repeated admonitions from Judge Wayne Timmerman.
Late afternoon Thursday, Timmerman prohibited Glenn from asking a question a third time. Glenn's frustration began to show.


"What question do you want me to ask, man," he said.
Timmerman nearly stood up in his chair.
"Man?

" he yelled. "You will not refer to this court as 'man!'"
As the day drew to a close, Timmerman asked Glenn whether he had any more witnesses to call.


"Just myself," he said.
Timmerman said Glenn will take the stand first thing this morning.
Assistant Public Defender John Skye, who sat in the courtroom to watch, lamented that he had another hearing and would not be present to hear Glenn's testimony.


SPRINGFIELD - A public defender is calling on the state to shut down its Internet-based registry of convicted sex offenders until safeguards are in place to prevent harassment and vigilantism.
Andrew M. Klyman of the Springfield office of the Committee for Public Counsel Services said Tuesday the killing of two men in Maine by a man who apparently tracked them down using state's online directory of sexual offenders should cause the Massachusetts Sexual Offender Registry Board to reconsider its own Web site.


"It is a legitimate concern," he said.

"At the very least, the state should shut it down until additional safeguards are put in place," Klyman said.
Maine's online registry was taken down after two people listed on it - Joseph L.

Gray, 57, and William Elliott, 24 - were shot and killed over the weekend. The suspect, Stephen Marshall of Cape Breton, Nova Scotia, died Sunday after shooting himself on a bus entering Boston.
Massachusetts Sexual Offender Registry Board spokesman Charles McDonald said there are no plans to discontinue or redesign the site, which has between 2,000 and 7,000 viewers daily.


"Everything is up and operational," he said.

The Public Defender s Office represents people in criminal cases who cannot afford a lawyer; the Legal Aid Bureau provides attorneys for civil cases.
In the past, the two agencies seldom worked together.

Under the pilot program, if a public defender learns that a criminal defendant also faces eviction or a child custody issue, the client will be referred to the Legal Aid Bureau.
While it may seem a small step, the county s chief public defender and Legal Aid Bureau attorneys praised the pilot program.
The local public defender, whose office has been criticized as too expensive, asked Hall County officials Tuesday to separate his budget from other indigent defense costs to more clearly account for expenses.


The Hall County Board of Commissioners, administration and finance officials will end budget hearings today for fiscal year 2007, which begins July 1.
All departments and agencies presented the panel with requests, which must be cut from $85.9 to $80.

3 million to balance the budget.
The public defender's office began working in January 2005. Designed to mirror the district attorney, the public defender and staff represent offenders in court who cannot afford an attorney.

The office replaced an old system where judges appointed attorneys from an indigent defense panel.
Public Defender Brad Morris, who serves the Northeastern Judicial Circuit that also includes Dawson County, is asking Hall for another attorney and assistant. Still, his office's 2007 budget would decrease from $1.

4 to $1.2 million due to reduced startup costs.
The public defender's budget, however, is lumped with the county's rising indigent defense expenses, which Morris said makes his office look bad.


"The problem I have with it is when ...

we hear that our budget is $2.1 million, when that isn't in our budget," Morris said.

A from Indiana reveals severe short comings in the juvenile justice system.

Overworked public defenders who lack sufficient training and motivation are among the findings. Many children go without representation or at best perfunctory representation in court. For special education students the findings of the report are especially troubling.


"schools were failing to produce appropriate IEPs for special education youths so they would be able to expel more children and refer them to the justice system."
" the teachers union is forcing the schools to refer more cases to the delinquency system and that many of these referred youths have special education needs."
The unmistakable conclusion of this report is that some school administrators and union officials are deliberately acting to rid the school of students who should be receiving services under IDEA.

As discussed in earlier , receiving an an education in juvenile jail is quite to say the least.


The Supreme Court used a Hollywood example the bumbling attorney in "My Cousin Vinny" in debating a case Tuesday about an accused man's right to pick his own lawyer.
In the 1992 movie, Alabama authorities mistakenly arrest two New York students for a convenience store murder, and a brash family lawyer played by Joe Pesci defends them in his very first trial.


In the real case argued before the Supreme Court Tuesday, an accused drug dealer wanted an award-winning out-of-state lawyer to defend him on charges in Missouri, but the trial judge improperly refused to allow it.
Nine out of 10 federal criminal defendants are indigent and represented by court-appointed lawyers, the justices were told. But when someone can afford a lawyer, the court has held that they have a right to make their own choice.


The high court is deciding now whether a person is automatically entitled to a new trial if that choice is wrongly blocked.
Name a high-profile murder case over the past 20 years in New Hampshire, and odds are Barbara Keshen either prosecuted it or defended the accused. Now she is trading her criminal murder trial attorney's life for the civil rights world.


Keshen said she has handled about 100 homicides over two decades 50 as a prosecutor with the homicide unit of the New Hampshire Attorney General's Office and about 50 as a public defender.

In early May, however, she is leaving the Public Defender's Program to become the first staff attorney at the New Hampshire American Civil Liberties Union.
Keshen has a reputation as one of the state's great trial attorneys.

Courtrooms fill with other attorneys and law students whenever she is about to do an opening or closing statement in a murder case.

From the :

Washington County prosecutors won access Monday to the hospital records of a state prison inmate accused of murdering the correctional officer who was guarding his Hagerstown hospital room. Assistant State's Attorney Eric A.

Reed said the confidential records could shed light on Brandon T. Morris' state of mind, planning and motive for allegedly shooting Jeffery A. Wroten with the officer's own gun Jan.

26 at Washington County Hospital, where the inmate had been admitted for a self-inflicted injury.
Morris' public defenders argued the state was fishing for evidence. "They're looking for something and they don't know what's there," Assistant Public Defender Eric A.

Reed told Circuit Judge Frederick C. Wright.
Wright granted the state's request for the hospital records and for Morris' Division of Correction case file - except for his mental health records.

The judge also refused to grant access to Morris' Department of Juvenile Services files and public-school school records, ruling that prosecutors hadn't shown that the potential value of those documents to the state's case outweighed Morris' privacy rights.
Deputy State's Attorney Joseph Michael had argued in part that the juvenile and school records would help the state prepare its arguments for sentencing, including the possibility of the death sentence, if Morris, 20, is convicted.
"You've got the cart before the horse," Wright said, interrupting Michael.

"You've got the death penalty before conviction."
[Public defender Tom] Flesher believes juries in Pueblo are neutral, but attentive to the legal questions they are asked to decide.
I wouldn't necessarily characterize (Pueblo juries) as defense-friendly or prosecution-friendly, Flesher said.

They follow the law. The district attorney has the burden of proving a case beyond a reasonable doubt. Pueblo juries hold them to that standard, and that's an important part of the justice system.


[District Attorney Bill] Thiebaut agreed.
It's not the scorekeeping that matters, but the seeking of justice and truth in a particular case, Thiebaut said, citing an ethical standard that's been adopted by the National College of District Attorneys. When you take someone's liberty, it's a very serious matter.

Prosecutors have a heavy burden to prove, and that's the way it should be.
The system isn't perfect, and at times it isn't pretty, but it works."

From Capital Defense Weekly:

From :

Continuing the themes of religion and capital punishment ( ), Easter brings interesting death penalty news from the Philippines.

As details:

With the resurrection of Christ as a backdrop, President Macapagal-Arroyo yesterday announced that all death row convicts would be spared and the maximum penalty commuted to life imprisonment.
"As we celebrate and rejoice in Jesus' resurrection, I wish to announce that we are changing our policy on those who have been imposed the death penalty. We are reducing their penalty to life imprisonment," the President said in an Easter message released by Malacañang.

...


Malacañang issued a statement saying the new policy would benefit roughly 1,000 convicts on death row...

. The top three crimes of those on death row are rape (471), murder (192) and kidnapping for ransom (157). Other cases involve, among others, robbery with homicide (72), rape with homicide (71), violation of the Dangerous Drugs Act (41), and kidnapping with serious illegal detention (38).



From (published April 14):

Eleven former Virginia attorneys general are urging the General Assembly to include in the state budget improvements in the way courts pay lawyers appointed to represent indigent criminal defendants.
In a letter dated yesterday, the 11 men and women of both parties called for members of the House and Senate budget committees "to support efforts to strengthen Virginia's indigent defense system through adequate funding and reform of the cap structure for court-appointed representations."
The committee members are working, thus far without success, in special session to merge their two disparate biennial budgets into one both houses will adopt.

Gov. Timothy M. Kaine called the assembly back into session after it failed to pass a state budget in the regular session.


Many lawyers say the assembly limits on how much circuit courts can pay lawyers mean appointed lawyers are underpaid. During the regular session, lawyers who want the caps eliminated drafted -- but have not filed -- a federal class-action lawsuit that claims the current fee system violates the constitutional rights of indigent defendants.

The state public defender's office has created two trial teams that'll travel to outstate counties to help their local public defenders with complex cases.


Three of the five newly created assistant state public defender positions will be on a team that'll focus on defending people charged in cases north of the Twin Cities.
Officials say the teams already have been assigned at least a dozen murder cases, 20 or so criminal sexual conduct cases and a large number of drug and narcotics cases.
A team of six or more people is being assembled to specialize in D-N-A, biochemistry and other scientific issues.


The trial teams are also helpful in meth cases. Many meth cases involve multiple defendants facing various charges.
For years, the state attorney general's office has had a similar system, where a team of prosecutors travels the state to help outstate county attorneys with inadequate resources on criminal cases.

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Keywords: Public Defender, District Attorney, Aid Bureau, New Hampshire, Assistant Public Defender, Legal Aid Bureau, Legal Aid, District Attorneys, Assistant Public, Washington County
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