Jan. 31 FLORIDA: Cutting Corners On Death Penalty An effort by Gov. Jeb Bush to "privatize" the legal representation of condemned prisoners in appellate proceedings has met unexpected opposition from one of his own appointees to the Florida Supreme Court. Justice Raoul Cantero Jr., who was appointed to fill a vacancy on the court in 2002, told a panel of legislators and judges last week that the Bush-initiated change has seriously diminished the quality of appellate representation, according to a report in The Miami Herald. In fact, he said, the change to private lawyers in such cases has resulted in "the worst lawyering I've seen." That's a pretty serious charge, considering that lives literally are at stake here. 2 years ago, the governor decided that closing the three Capital Collateral Regional Counsel offices and farming out the cases to a registry of private lawyers could save the state money. Instead of closing all three, the Legislature voted to test the idea by closing the Tallahassee-based North Florida office while keeping open the Fort Lauderdale and Tampa offices. Closing the Tallahassee office is supposed to save the state $1.7 million a year, but Cantero argues that justice suffers as a result. He said many of the private lawyers on the registry don't have enough experience in capital cases to represent their clients adequately. The end result, he said, is that many appellate briefs take a "shotgun approach" that raises every conceivable issue, no matter how pointless. That wastes the time of the Supreme Court, which must review every death case, and slows the already dragged-out process. "Some of the registry counsel have little or no experience in death-penalty cases. They have not raised the right issues," Cantero was quoted by The Herald. "Sometimes they raise too many issues and still they haven't raised the right ones. In arguments they're unable to respond to questions, or they don't know what the record shows. They don't have a real good understanding of death-penalty cases." The purpose of creating the Capital Collateral Regional Counsel Offices several years ago was to avoid such problems. Deathpenalty cases are very difficult, legally and emotionally, to handle, and the Legislature reasoned that the public would be better served by competent, experienced lawyers. The Legislature is scheduled to look at the issue again in the 2005 session, which begins in March. The choice is to reinstate the Tallahassee office, maintain the unsatisfactory status quo -- or to make the situation even worse by abolishing the Fort Lauderdale and Tampa offices. We favor restoring the Tallahassee office and ending the privatization experiment. Opponents to that plan raised many of the objections now voiced by Cantero 2 years ago, and experience has shown that those objections were valid. The state should not be attempting to send people to their deaths without competent legal counsel at all stages of the proceedings. (source: The Ledger) ***************** Justice blasts lawyers over death row appeals Justice Raoul Cantero decried the poor quality of death row briefs by private attorneys untrained to handle the complex cases and voiced concerns about Gov. Bushs privatization plan. The governors most recent appointee to the Florida Supreme Court condemned the quality of the private lawyers handling death row appeals, saying some have botched inmate cases, muddled and omitted key arguments and generally performed "the worst lawyering Ive seen." Justice Raoul Cantero not only indicted the private lawyers when he spoke this week to a panel of lawmakers and judges. He voiced grave concerns about Gov. Jeb Bushs long-standing effort to close the state-run offices handling the appeals so that private attorneys can argue the cases on the cheap. In 2003, Bush wanted to shutter all three of the Capital Collateral Regional Counsel offices. But he persuaded lawmakers to close only the office representing North Florida. Lawmakers plan to examine this spring whether to privatize the remaining offices in Fort Lauderdale and Tampa. The state lists about 150 lawyers in a registry and pays them $100 an hour, per client, to handle all cases in the north district or overflow in the south and central areas. To get on the registry, a lawyer needs only limited experience in criminal courts. Cantero says this is a problem because an attorney familiar with a few burglary trials doesnt have the skills to replace someone devoted to the highly specialized death row appeals process, which takes years to learn and master. Cantero said Tuesday it would be "precipitous" if the Legislature decided to use only private practice attorneys, some of whom file "the worst briefs that I have read. . . . I wouldn't say [they're] incomprehensible. But its difficult to understand what issue the attorney is raising in the case. "I'm not sure we have enough quality lawyers out there that would be able to pick up the slack," Cantero said, while speaking highly of attorneys who were trained or still work in the state-run offices. Those attorneys are versed in the complex legal filings needed to ensure a fair trial for a convict facing death at the states hands who had a bad lawyer or an unfair trial. "Some of the registry counsel have little or no experience in death penalty cases. They have not raised the right issues," said Cantero, who didnt give names or cases. "Sometimes they raise too many issues and still they havent raised the right ones. In arguments they're unable to respond to questions, or they don't know what the record shows. They don't have a real good understanding of death penalty cases." Rep. Joe Negron, a top-ranked Republican from Stuart who helped push Bushs privatization plan through, said Canteros comments "carry a lot of weight." Negron said he wanted to see caseload, cost and outcome data this year to determine whether to scrap either the privatization plan or the state-run offices. "I don't like the current hybrid system," he said. "But this is the beginning of the debate, not the end." Bush spokeswoman Alia Faraj said the governors office greatly respects the opinions of Cantero - the state's 1st Hispanic justice - but wouldn't comment on what he said. Faraj said the idea of turning over the appeals to private attorneys was an effort to provide efficient counsel while saving tax dollars. In the northern district, the privatization effort is supposed to save $1.7 million a year. Faraj said when the effort was first launched that it would save time as well. She said that death row cases take up to 2 decades. But Cantero said that the privatization effort is delaying the process instead of speeding it up because inexperienced lawyers "allege 10 issues or more, sometimes 20 issues. They take a shotgun approach. Of those 20 issues, 19 are totally baseless. "For us to wade through the morass of baseless claims takes a lot of work for the justices and eventually leads to a lot of inefficiencies in the process," he said. "That takes a lot of time that we can be spending on civil cases, on other criminal cases on important issues." (source: Axis of Logic) ********************* A justice speaks out----OUR OPINION: WHEN PENALTY IS DEATH, PROSECUTION SHOULD BE FLAWLESS A voice of authority spoke up forthrightly about one of the state's privatization plans the other day. Florida Supreme Court Justice Raoul Cantero criticized private lawyers handling some of the state's Death Row appeal cases and praised others who work in the two remaining state-run Capital Collateral Regional Counsel offices. State lawmakers should heed Judge Cantero's wise counsel. In 2003, the Legislature agreed to the governor's plan to privatize the state-run program that handles appeals of death-penalty cases by closing the North Florida Capital Collateral Counsel office. Mr. Bush wanted to speed up the lengthy appeals process and said privatization would save money. Lawmakers left open the state counsel's offices in Fort Lauderdale and Tampa. Legislators this session plan to examine the results of this hybrid system with further changes in mind. Death-penalty appeals are long and complex. They require legal specialization. Doing them right is crucial because the state can impose the ultimate punishment -- death. More death row inmates -- 21 so far -- have been exonerated by DNA evidence in Florida than in any other state, according to the Death Penalty Information Center in Washington, D.C. Florida needs expert lawyers on both sides -- to try murder cases and to defend the accused and appeal guilty verdicts. Speaking to a group of judges and lawyers, Justice Cantero said that some of the private lawyers filed "the worst briefs that I have read.'' Instead of speeding up these appeals, he said that the poor quality of legal work by private lawyers has slowed the process. One Supreme Court justice's opinion doesn't constitute a majority, of course. But legislators should heed Justice Cantero's remarks and seek more expert testimony about the quality of the death row legal work before proceeding with any more changes to the state-run program. (source: Opinion, Miami Herald) ***************** Gainesville state senator to run for governor - Rod Smith says his moderate stances on many issues will help win back rural Democrats. A Democratic state legislator from Gainesville said he'll be in the 2006 race for governor, hoping to attract rural and small-town Democrats who vote for the GOP. State Sen. Rod Smith told the Palm Beach Post he would file campaign papers today and plans to send Democratic Party leaders a letter this week as a campaign kickoff. "I am entering this race because, as someone who cares deeply about Florida's future, I'm tired of watching Democratic candidates go down in defeat," the letter reads. Smith told Democrats gathered at U.S. Rep. Allen Boyd's ranch near Tallahassee last week that he planned to enter the governor's race, the newspaper reported Sunday. Supporters point to Smith's record as a prosecutor, which includes the case of Gainesville student killer Danny Rolling, saying it will help him win votes from the Panhandle to the Keys, a feat no Democratic candidate for governor has accomplished since the late Lawton Chiles was re-elected in 1994. Smith says he is a moderate on many issues that appeal to rural and North Florida voters who have shunned other Democratic candidates, and he thinks he can win back Democrats with his pro-gun position and a tough-on-crime, pro-death penalty stance. "I can talk to those middle-class families that don't feel the Democrats have spoken to them or considered them," Smith said. Smith, 55, who grew up in Boynton Beach, was elected to the Senate in 2000, ran unopposed in 2002 and is now chairman of the Senate Agriculture Committee. Smith could face a crowded primary: Chiles' son Bud has announced his candidacy, and Democratic Party chairman Scott Maddox, U.S. Rep. Jim Davis of Tampa, and Betty Castor, who is coming off an unsuccessful race for U.S. Senate, are possible candidates. Among Republicans considering a run to replace Jeb Bush, who can't seek re-election because of term limits, are state Chief Financial Officer Tom Gallagher, Attorney General Charlie Crist and Lt. Gov. Toni Jennings. (sources: Associated Press / St. Petersburg Times) COLORADO: Death cases go to high court The Colorado Supreme Court will weigh the cases of 2 killers convicted before a U.S. Supreme Court ruling changed laws. Attorneys for 2 men still awaiting sentencing on murder convictions in 2002 are preparing for a court hearing in the coming week that will clear the books of the last remaining death-penalty cases thrown into confusion by the U.S. Supreme Court. The Colorado Supreme Court has scheduled arguments Monday in the cases of Abraham Hagos, 29, and Randy Canister, 28. They were convicted before the legislature met in July 2002 to conform state law with a U.S. Supreme Court ruling that said only juries - not judges - can sentence a criminal to death. Prosecutors had sought the death penalty for both men and appealed judges' rulings that neither was eligible for capital punishment because various parts of the new law were unconstitutional. Canister's trial was underway when the U.S. Supreme Court issued its ruling in late June 2002. The following month, lawmakers met in special session and reversed a 1995 law that sent death-penalty sentencing decisions to three-judge panels instead of juries. Hagos, who is serving life without parole in an unrelated kidnapping case, was convicted in 2002 of planning the shooting death of James Roberts, who was scheduled to testify against Hagos in a drug case. Denver District Judge Jeffrey Bayless ruled that he couldn't be sentenced to death, saying the new law was simply an amendment to an unconstitutional law. Canister, in custody in the Arapahoe County Jail, was convicted that same year in the execution-style killings of three teenagers in an Aurora apartment complex. Arapahoe District Judge Robert Russell ruled that he was ineligible for the death penalty because the legislature had specifically targeted Canister. At the time, the attorney general's office said the legislation wasn't specifically aimed at any one person, because the U.S. Supreme Court ruling threw into question the death sentences of several people, 3 of whom were later sentenced to life in prison without parole. Lawyer David Lane, a death- penalty expert and opponent, said he had no doubt that Canister and Hagos would be ruled ineligible for the death penalty because of the timing of their cases. "The statute that they went to trial under said if any part of it is unconstitutional, it's life (in prison)," he said. "This almost borders on a frivolous appeal on the part of the state." (source: Associated Press) ILLINOIS: Governor draws large crowd to death penalty film--Documentary focuses on Illinois' problems with capital punishment A sold-out crowd of more than 200 showed up to see Deadline, a documentary that shows the process that led to former Illinois governor George Ryan commuting death sentences to life in prison for 167 Illinois prisoners, Sunday at Boardman's Art Theatre in Champaign. Ryan, along with the film's co-director and anti-death penalty activist Kirsten Johnson, answered questions following the film. The event was held the day before the five-year anniversary of Ryan's decision to place a moratorium on executions in Illinois. The documentary was originally going to focus on influential legal decisions involving capital punishment, she said, but when Ryan put together a commission to study capital punishment in Illinois, the film's producers decided to focus on Illinois' problems with the death penalty. Since Illinois reinstituted the death penalty in 1977, 12 people have been put to death and 13 people on death row have been found to be falsely convicted, Ryan said. Ryan voted in favor of reinstating the death penalty in Illinois as a member of the Illinois general assembly in 1977, and he said he had supported the death penalty when he became governor. However, after journalism students at Northwestern University gathered evidence that death row inmate Anthony Porter was innocent, Ryan said he began to rethink his support. He also said he was influenced by a 2002 series by the Chicago Tribune that detailed failings in the justice system including forced confessions, poor lawyers and testimony from prisoners in exchange for reduced sentences. The film crew for the documentary did not have access to Ryan when they were shooting, but Johnson said the staff decided they should present the commission's hearings and different viewpoints so the audience would get a sense of how Ryan came to the decision. The film crew interviewed Ryan shortly after he announced the blanket commutation at a speech at Northwestern in January 2002; however, he had no input into the content of the film, Johnson said. Ryan appeared at the film's premiere at the Sundance Film Festival in 2004 and has been helping with outreach activities since, she said. Ryan said the death penalty has not been administered fairly and called it a "racist system." He said he did not think it was possible to guarantee that an innocent person would not be killed. "I say we shouldn't have a system if it's not going to be perfect - and it's not a perfect system," he said. Ryan described his deliberation on whether to make the blanket commutation as an "emotional roller coaster." He said that he went back and forth as he met with the families of victims and death row inmates. He said when he had to finally decide he thought a blanket clemency was the best way to address the issue. Francis Boyle, a University law professor, announced after the film that he nominated Ryan for the 2005 Nobel Peace Prize and included a copy of Deadline with the nomination. "Ryan has done more effective work against the death penalty than the entire abolitionist community in America put together," Boyle said. He said he had nominated Ryan the previous 2 years. Members on the panel discussed their first-hand experience with the death penalty cases. Bill Jenkins, an anti-death penalty activist whose 16-year old son, William, was killed in a robbery, said he convinced prosecutors not to seek the death penalty for the man who shot his son. Jenkins, a member of the group Murder Victims' Families for Human Rights, called the appeals process "incredibly abusive to victims' families," because they tend to drag on for several years. This also leads to families having to spend more time answering media questions, he said. He also said that after the perpetrator is executed, it rarely makes anyone feel better. "I don't want someone else to die because my son was killed. I don't need that type of quote justice," he said. Several audience members commended Ryan for his decision to question Illinois' death penalty system. "Ryan's courage to think through the issues and understand the flaws in the system ... and take the burden of an unpopular decision really impressed me," said Urbana resident William Sullivan. He called the film "very powerful." Tony Jones, a former inmate who was assigned to work on death row in Menard Correctional Center in Menard, Ill., praised the governor for his decision during the question and answer session after the film. "I know the smell of death. I used to work up there. I know how it feels to smell death," he said. Jones said that the death penalty does not prevent crime and echoed the concerns of others that those who are poor have the odds against them. "I talked to so many people who I know in my heart were not guilty," he said. "This was something done for the sake of humanity ... he made the right decision," he said. The film did not change the minds of some in the audience. Joe Garrett, a police officer in Rankin, Ill., said although he thought the film was well-made he still believes in the death penalty. He criticized the way Ryan handled the clemency proceedings. "I believe they didn't have enough time to truly evaluate each case," he said. Garrett said he thinks death penalty cases should require extra scrutiny. Johnson said holding outreach events such as Sunday's screening were an important part of the documentary. "It made no sense for us to make this film and not have this kind of an outreach plan," she said. Gov. Rod Blagojevich, Ryan's successor, has observed the moratorium; however, there are currently 10 people on death row in the state, according to the film's Web site. (source: The Daily Illini) OHIO: Richey vows to fight the death penalty Kenny Richey has vowed to continue his fight against the death penalty when he is released from prison in the United States. He is also hoping to return to Edinburgh and work in a pub or drive trucks. Kenny, who has languished on death row for 19 years for a crime he did not commit, has spoken of his anger he felt over his wrongful conviction. He said he was "incredibly bitter" about the miscarriage of justice - despite having his murder conviction overturned by an appeal court last Tuesday. Kenny, who is being held at the Mansfield Correctional Institute, Ohio, until state officials decide whether to challenge the ruling of the appeal judges, said: "Rage and anger seethe through my blood." But he said he was determined to fight for others on death row, who he believed were also innocent. "Ill continue to fight against the death penalty when I get out," he said. Kenny praised the campaigners led by his fiancee Karen Richey, who changed her name from Torley. In 1986, Kenny was convicted of the murder of his ex-girlfriends two-year-old daughter, Cynthia Collins, by setting fire to her home in Columbus Grove, Ohio. He always denied the crime. Kenny, who grew up in Edinburgh, had moved to Ohio 5 years before his trial. The prosecution claimed Kenny had got drunk and started a fire to kill his ex-girlfriend, who was sleeping downstairs with a new boyfriend. Cynthia was trapped in her bedroom and died from smoke inhalation. Twice Kenny rejected plea bargain deals which would have spared his life if he had admitted arson. Richey is now waiting to hear whether he will be freed without a legal fight after his conviction was ruled unsafe last week. The US authorities may choose to appeal against the quashing of his conviction or order a retrial within 90 days. (source: The Scotsman)
