Terry Lenamon Joins Sister Helen Prejean and Others To Discuss Death Penalty
Mark your calendars for November 8, 2014, when Terence Lenamon will be joined by Sister Helen Prejean and Herman Lindsey (played by Susan Sarandon and Sean Penn, respectively, in the movie, "Dead Man Walking"); along with Broward Public Defender Howard Finkelstein and Melisa McNeill and Betsy Benson, Assistant Public Defenders Homicide Division to discuss issues surrounding capital punishment and the growing problem of innocents facing the death penalty.
Where: The Sanctuary Church, Ft. Lauderdale, Florida, 33304
When: November 8, 2014, at 6 pm
Mental Health Problems and The Death Penalty
October 10, 2014, will be the sixth time that the World Coalition Against the Death Penalty has recognized the international problem of people suffering from mental illness being sentenced to death.
On 10 October 2014, the 12th World Day Against the Death Penalty is drawing attention to people with mental health problems who are at risk of a death sentence or execution.
While opposing the death penalty absolutely, abolitionists are also committed to see existing international human rights standards implemented.
Among these is the requirement that persons with mental illness or intellectual disabilities should not face the death penalty.
Judges who will preside over cases involving neuroscience issues
Attorneys in relevant practices (e.g., personal injury, criminal, trusts and estates) who will contend with neuroscience issues with their clients
Designed from the ground up with extensive e-capability in mind, with each e-chapter extensively linked to outside sources.
Technical subjects explained in an accessible and user-friendly manner.
Extensive glossary of key terms.
Covers highly current material; over 60% of the cases and publications included were published since 2008
Now available on Netflix (streaming) is an amazing documentary on the death penalty that delves into capital punishment through the eyes of the "death house" chaplain -- a man who witnessed nearly 100 executions in his role as chaplain.
You can watch "At The Death House Door" 24/7 online or via your streaming TV device if you have a Netflix subscription.
It also discusses the case of Carlos DeLuna (see our post last month on a new book, The Two Carlos, that deals with the travesty of an innocent man being executed in Texas).
Great documentary for anyone interested in death penalty issues:
Last week, a report was released over in Oklahoma that confirmed that the botched execution of Clayton Derrell Lockett wasn’t the result of any drug or combination of drugs. Nope.
Apparently, the horrific execution of Mr. Lockett was the result of how the IV was inserted into his arm.
You’ll recall that it was only after 45 minutes of obvious pain where the man writhed and struggled against his restraints there on the table that he finally passed away last April.
Now we know that the executioner was not a physician or even a paramedic. In fact, under the current Oklahoma laws, no formal medical training is required for the persons who are responsible for the lethal injection method of execution in that state.
Of course, Oklahoma isn’t alone in horrific executions. Arizona took almost 2 hours to execute Joseph R. Wood III this past July.
Terry just got back from Gerry Spence's Trial Lawyer's College -- he's a huge proponent of the TLC, having graduated from it back in 2011.
Today, Terry wanted to share this video with you from the Gerry Spence Birthday Tribute:
Have you heard about how Texas executed the wrong man (no, not Cameron Todd Willingham)?
Here's a good read for all those interested in the American system of death penalty / capital punishment. It tells the story of Carlos DeLuna, wrongfully executed for murdering a woman named Wanda Lopez.
It was only after an investigatory team at the Columbia Law School looked into Carlos DeLuna's case that it was discovered his claims that the authorities "had the wrong Carlos" were true.
Shows how important a good capital lawyer can be, and how vital Terry Lenamon's work is to the system of justice.
Did you know that the Death Penalty Information Center has compiled curricula on the death penalty for both the high school and college level?
From the DPIC website:
Our award-winning high school curriculum, Educational Curriculum on the Death Penalty, includes 10-day lesson plans, interactive maps and exercises, and a presentation of pros and cons on the death penalty for discussion and debate. It is also available as a free iBook for the Apple iPad. The iBook version incorporates the interactivity and user-friendly interface of a tablet, including touch-screen navigation, access to the full curriculum even when offline, and use of standard iBook features, such as definitions and note-taking. For instructions on downloading the iBook, click here.
Our college-level curriculum, Capital Punishment in Context, contains detailed case studies of individuals who were sentenced to death in the U.S. The curriculum provides a complete narrative of each case, along with original resources, such as homicide reports, affidavits, and transcripts of testimony from witnesses. The narratives are followed by a discussion of the issues raised by each case, enabling students to research further into a broad variety of topics. Both curricula have special materials for those who register. They are widely used by educators in the U.S. and around the world in the fields of civics, criminal justice, sociology, and many other areas.
Last month, the Department of Justice released a report from the Inspector General's Office about the work of the FBI in death penalty cases. It's shocking.
READ THE REPORT ONLINE HERE, "An Assessment of the 1996 Department of Justice Task Force Review of the FBI Laboratory."
Specifically, the Inspector General compiled a report on how the Federal Bureau of Investigation FAILED to give proper notice to Death Row inmates that their cases were being reviewed as possibly having had FBI experts giving bad, wrong, "inaccurate" testimony at their criminal trial.
That's right: the FBI crime lab testimony was wrong in cases where people were facing the death penalty.
From the Inspector General:
"[T]he FBI did not take sufficient steps to ensure that the capital cases were the Task Force’s top priority. We found that it took the FBI almost 5 years to identify the 64 defendants on death row whose cases involved analyses or testimony by 1 or more of the 13 examiners.
The Department did not notify state authorities that convictions of capital defendants could be affected by involvement of any of the 13 criticized examiners. Therefore, state authorities had no basis to consider delaying scheduled executions."
How bad is this? We know of THREE PEOPLE who were executed before the FBI let them or their lawyers know that this review of FBI testimony was underway.
There may be more.
The Inspector General is recommending that all physical evidence in a Death Penalty case be re-tested for 24 another Death Row inmates who either died while awaiting execution or who have already been executed.
Today, Jodi Arias was granted her request to represent herself in the second part of her Arizona death penalty trial. The second phase of the trial is called the "penalty phase" and it's here that factors are considered in deciding whether or not she should be sentenced to death for the 2008 crime of killing Travis Alexander.
For those following the Jodi Arias case, you'll remember that the jury convicted her of first degree murder but failed to come to an agreement on capital punishment. The prosecution was granted a second trial for the penalty phase, and that's going to go forward now with Arias representing herself.
Stand-by Counsel for Jodi Arias
She'll probably get a stand-by counsel here.
You'll recall that Terence Lenamon recently acted in this role in the Michel Escoto case, when Escoto was allowed to represent himself here in Florida.
Penalty Phase: What Jodi Arias Must Prove as Her Own Lawyer
During the penalty phase, the prosecution will present aggravating factors that support the death penalty for Jodi Arias.
She will be responsible for presenting mitigating factors (something that Terry is known to be proficient at -- presenting mitigation as a reason to not sentence someone to death).
Arizona's mitigating factors are any evidence relevant to “any aspect of the defendant’s character, propensities or record and any of the circumstances of the offense.”
In order for the prosecutor to get a sentence of capital punishment for Jodi Arias, see A.R.S. § 13-751:
There must be 2 findings:
1. proof has been provided beyond a reasonable doubt of one or more aggravating circumstance under the 14 aggravating circumstances listed in A.R.S. § 13-751(F), and
2. there is no proof of mitigating circumstances "sufficiently substantial to call for leniency.” A.R.S. § 13-751(E).
This was a big deal: a $200 Million Medicare Fraud operation where around 40 people have been sentenced to prison time for doing things like submitting false invoices to Medicare for mental health services that never happened.
This week, a federal jury came back with a verdict on the last 2 defendants in this big Department of Justice investigation into this South Florida Medicare Fraud enterprise involving seven American Therapeutic Clinics scattered in different cities and lots of players.
The big guns have already been dealt with by the justice system and are behind bars.
Terence Lenamon represented one of the last two defendants in the sting — Roger Bergman, a 65 year old physician’s assistant, and Mr. Bergman was found guilty by the jury this week. Bergman and his co-defendant, a 55 year old patient recruiter named Rodolfo Santaya, will be sentenced by a federal judge at a sentencing hearing in the future.
SInce this is an ongoing case, Terry Lenamon’s position on Mr. Bergman’s situation in this complicated, immense fraud can best be described by language taken from Terry Lenamon’s Closing Statement in the trial (p. 1242):
Because what's really going on here is Roger Bergman is a physician's assistant trying to make a living. And when he's working day in and day out, he's not thinking about committing Medicare fraud or falsifying information, he's thinking about, you know, my car broke down this morning and I may not be able to make it in. And I got to make up for those files so I can dictate those files because what I do is very simple. This is what Roger Bergman does.
And don't let the government fool you about his responsibility. He's a physician's assistant. He takes the place of a physician legally. He interviews them. He does two things. He does a note and he does an initial evaluation. He gets paid $30 for the initial evaluation and $15 for a note. It may take him five minutes to do a note, it may take him ten, it may take him 15 to do an initial evaluation, it may take him 20.
But when he is done, he writes it on a yellow pad. Those yellow pads are kept, were kept and destroyed by the government. And then he dictates that information and it's supposed to be madeinto a chart. …
Prediction: Win on appeal.