Happy Birthday to Gerry Spence / Trial Lawyer's College

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:

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The Wrong Carlos: Great Read - and Shows How Important Terry Lenamon's Work Is For Justice

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.

 

High School and College Level Educational Materials on the Death Penalty

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.

 

Inspector General's Report of FBI Review of Death Penalty Cases

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. 

Jodi Arias Will Defend Herself in Penalty Phase of Death Penalty Trial

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.  

Watch Terry during his Dateline NBC interview on the Escoto trial here.  

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).

 

 
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