Stay ConnectedAnyone paying attention can tell you that our criminal legal system is perpetuating cruelty and harm, but the complexity of the legal world overwhelms most people simply trying to get through another day.
Public Defenseless explores the rot in the justice system and what we can do about it. Join host, Hunter Parnell, as he interviews top defense attorneys and criminal justice stakeholders from across the country as they pull apart the convoluted web of our criminal justice system.
Imagine for a moment, you have been accused of several crimes. At trial, you are found not guilty on all the charges except for one. Let's say that this is least serious of all your charges. While you wish you had been acquitted on all charges, 5/6 is pretty good. You anticipate a minor sentence, but there is a light at the end of the tunnel….but then you get to sentencing, and the judge starts saying your sentence is going to be just as severe as it would have if you had been found guilty of everything. How is it possible to get found not guilty but punished anyway? Today, Hunter spoke with criminal defense attorney Andrea Jaeger to discuss how the federal legal system allows for acquitted conduct sentencing.
Guests:
Andrea Jaeger, Criminal Defense Attorney, Iowa
Resources:
U.S. v Watts
https://casetext.com/case/united-states-v-watts
Coverage
https://crsreports.congress.gov/product/pdf/LSB/LSB11037
https://www.ussc.gov/about/news/press-releases/december-14-2023
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Today, Hunter concludes the three-part series on criminalized domestic violence survivors by speaking with two women who survived, endured years of incarceration, and utilized the DVSJA to get a second chance at life. Trinity Copeland was sentenced to 25 years to life for 2nd degree murder and resentenced to time served and released in March 2023 under the Domestic Violence Survivors Justice Act (DVSJA), after serving approximately 11 years. She is currently a full-time college student majoring in Chinese Studies with a double minor in Spanish and French.
Assia Serrano was sentenced to 18 years to life for felony murder and was resentenced and released in April 2021 under the DVSJA, after serving 17 years. Shortly after, she was deported to Panama where she currently resides. Assia is a member of the Survivors Justice Project Advisory Group and an Osborne Speakers Bureau member who uses her personal experiences to advocate for criminal justice reform. She is a proud mother of two teenagers and a fierce advocate for her own and other children who have experienced parental incarceration.
Through their stories, Hunter hopes for people to understand what our legal system must change to stop perpetuating cycles of harm.
Guests:
Assia Serano, Survivors Justice Project Advisory Group and Osborne Speakers Bureau
Trinity Copeland, Full Time College Student
Resources:
NYILS Website
Survivors Justice Project
Background Material on the DVSJA
· Video: Background on DVSJA passage (somewhat dated)
· Some Legislative History (attached):
o 2017 sponsor memo
o Opposition letter by District Attorney Association of the State of New York
o NY Correctional Association response to DA opposition letter
· SJP DVSJA Resource Guide – we wrote this with incarcerated survivors/applicants as the primary audience
· SJP/Sentencing Project Report
· Abby Van Buren article on temporal nexus problem
· Favorable decisions:
o Brenda WW decision ("mutually abusive" relationship did not foreclose DVSJA relief; abuse history must be considered cumulatively; considered applicant's extensive criminal history in context of her substance abuse, which was related to victimization)
o Patrice Smith decision (court must look at the "full picture" and contemplate cumulative impact of abuse)
o Liz L. decision (the fact that DV history was "factored in" to previous man 1 plea bargain did not make DVSJA resentencing inappropriate)
· Not so favorable:
o People v. Williams (abuse or abusive relationship must be "ongoing" at the time of the offense)
o People v. Fisher (adopting Williams' temporal holding in case where trans-identifying young person had assaulted her parents, and no expert was called to attempt to explain connection between earlier physical abuse and offense)
o People v. B.N. (many bad holdings/antiquated approach to DV and trauma)
· People v. Addimando – a study in contrasts (note that Nicole Addimando was finally released from prison last week):
o Trial court decision (denying DVSJA relief at initial sentencing for murder 2 in a case with extensively documented abuse; sentencing Nicole Addimando to 19-to-life)
o Appellate decision (reversing and resentencing her to 7.5 years)
· Critique of the DVSJA by Survived & Punished
Some very optional reading, but good-to-know-about resources created by the DVSJA Statewide Defender Task Force:
· Best Practices Manual for DVSJA Investigations
· Guide to Working with Experts in DVSJA cases
· Introduction Guide to Coercive Control for the DVSJA Attorney
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
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Today, Hunter continues the three-part series on criminalized domestic violence survivors by speaking with Elizabeth Isaacs, an appellate attorney with New York's Office of Indigent Legal Services. Specifically, the two discuss the Domestic Violence Survivor's Justice Act, a New York law designed to give post-relief to those whose incarceration is related to their victimization. While certainly not a perfect bill, it is an extremely important and necessary step to understand that people are not simply victims or perpetrators, and that we can attain justice while also acknowledging the humanity of those who did wrong.
Guests:
Elizabeth Isaacs, Appellate Attorney, NY Office of Indigent Legal Services
Resources:
NYILS Website
Survivors Justice Project
Background Material on the DVSJA
· Video: Background on DVSJA passage (somewhat dated)
· Some Legislative History (attached):
o 2017 sponsor memo
o Opposition letter by District Attorney Association of the State of New York
o NY Correctional Association response to DA opposition letter
· SJP DVSJA Resource Guide – we wrote this with incarcerated survivors/applicants as the primary audience
· SJP/Sentencing Project Report
· Abby Van Buren article on temporal nexus problem
· Favorable decisions:
o Brenda WW decision ("mutually abusive" relationship did not foreclose DVSJA relief; abuse history must be considered cumulatively; considered applicant's extensive criminal history in context of her substance abuse, which was related to victimization)
o Patrice Smith decision (court must look at the "full picture" and contemplate cumulative impact of abuse)
o Liz L. decision (the fact that DV history was "factored in" to previous man 1 plea bargain did not make DVSJA resentencing inappropriate)
· Not so favorable:
o People v. Williams (abuse or abusive relationship must be "ongoing" at the time of the offense)
o People v. Fisher (adopting Williams' temporal holding in case where trans-identifying young person had assaulted her parents, and no expert was called to attempt to explain connection between earlier physical abuse and offense)
o People v. B.N. (many bad holdings/antiquated approach to DV and trauma)
· People v. Addimando – a study in contrasts (note that Nicole Addimando was finally released from prison last week):
o Trial court decision (denying DVSJA relief at initial sentencing for murder 2 in a case with extensively documented abuse; sentencing Nicole Addimando to 19-to-life)
o Appellate decision (reversing and resentencing her to 7.5 years)
· Critique of the DVSJA by Survived & Punished
Some very optional reading, but good-to-know-about resources created by the DVSJA Statewide Defender Task Force:
· Best Practices Manual for DVSJA Investigations
· Guide to Working with Experts in DVSJA cases
· Introduction Guide to Coercive Control for the DVSJA Attorney
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
Subscribe to the Patron
www.patreon.com/PublicDefenselessPodcast
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Today, Hunter starts on part one of a three-part series on criminalized survivors of domestic violence. Kicking off this miniseries is Professor Leigh Goodmark. A former Public Defender herself, Leigh brings multiple decades of experience working with and writing about criminalized domestic violence survivors. On today's episode, Hunter and Leigh primarily discuss her journey to abolition, decriminalization, and the stories/data that made her conclude that the carceral system is not the appropriate response for domestic violence.
Guests:
Leigh Goodmark, Professor of Law and Director of Gender Prison and Trauma Clinic, University of Maryland School of Law.
Resources:
Get a Copy of Imperfect Victims
https://www.ucpress.edu/book/9780520391123/imperfect-victims
Get a Copy of Decriminalizing domestic Violence
https://www.ucpress.edu/book/9780520295575/decriminalizing-domestic-violence
Contact Leigh
https://www.law.umaryland.edu/faculty--research/directory/profile/index.php?id=982
Compelled to Crime
https://www.amazon.com/Compelled-Crime-Gender-Entrapment-Battered/dp/0415911451
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
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Today, Hunter is joined by Sophia Gurulé (immigration Public Defender at the Bronx Defender) and Pooja Patel (staff attorney at CAMBA Legal Services) to continue our discussion on ALAA's resolution calling for a ceasefire in Gaza. In particular, today's episode offers us even more insight into how the resolution came about, the steps taken by those who opposed it to shut it down, and why ALAA members felt it was so vital to pass the resolution.
Guests:
Sophia Gurulé, Staff Attorney and ALAA Member, Bronx Defenders
Pooja Patel, Staff Attorney and ALAA Member, CAMBA legal services
Resources:
ALAA 2325 Resolution Calling for a Ceasefire in Gaza, an End to the Israeli Occupation of Palestine, and Support for Workers' Political Speech
Bronx Defenders Union Statement
https://drive.google.com/file/d/15Hzyy_ufSJ9h8GjiYdg4eRKdGIUyikRE/view
A Statement by Jewish Members of the Association of Legal Aid Attorneys-UAW Local 2325
https://docs.google.com/document/d/1MJDXr9nANDCtcV76fxYNwNsxNbru3MYu5hLkCC3KrLY/edit
CAMBA Resolution
New York Legal Aid Society Response
Bronx Defenders Response
https://www.bronxdefenders.org/the-bronx-defenders-response-to-its-unions-october-20-statement/
News Coverage of the Resolution
https://theintercept.com/2023/11/17/public-defender-gaza-legal-aid-bronx-defenders/
https://nypost.com/2023/11/16/metro/legal-aid-society-denounces-unions-antisemitic-resolution/
https://inthesetimes.com/article/palestine-resolution-unions-court-blocked
https://www.thefp.com/p/alaa-legal-aid-attorneys-antisemitism-congress
https://edworkforce.house.gov/news/documentsingle.aspx?DocumentID=410256
ALAA 2325 History of Anti War Votes and Comments
https://alaa2325.wordpress.com/2003/04/14/alaa-antiwar-vote/
https://labornotes.org/blogs/2021/08/bottom-labor-solidarity-palestine-growing
https://laborforpalestine.net/2023/10/26/sf-public-defender-staff-in-solidarity-with-palestine/
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
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Today, Hunter is joined by Michael Letwin, former President of ALAA 2325 and longtime Public Defender at the New York Legal Aid Society. Today's episode is part one of the two-part coverage of the ALAA 2325 Ceasefire in Gaza resolution. To understand the resolution fully requires us to fully understand the patterns, practices, and history of ALAA 2325 when it comes to speaking about international events. With this context in mind, hopefully those asking why ALAA 2325 would choose to issue a ceasefire resolution can understand how that is directly in line with their organizational ethics. Finally, Hunter makes his pitch for why Public Defender organizations should be speaking out about international affairs.
Guests:
Michael Letwin, Former President ALAA 2325 and long time Public Defender
Resources:
ALAA 2325 Resolution Calling for a Ceasefire in Gaza, an End to the Israeli Occupation of Palestine, and Support for Workers' Political Speech
Bronx Defenders Union Statement
https://drive.google.com/file/d/15Hzyy_ufSJ9h8GjiYdg4eRKdGIUyikRE/view
A Statement by Jewish Members of the Association of Legal Aid Attorneys-UAW Local 2325
https://docs.google.com/document/d/1MJDXr9nANDCtcV76fxYNwNsxNbru3MYu5hLkCC3KrLY/edit
New York Legal Aid Society Response
Bronx Defenders Response
https://www.bronxdefenders.org/the-bronx-defenders-response-to-its-unions-october-20-statement/
News Coverage of the Resolution
https://theintercept.com/2023/11/17/public-defender-gaza-legal-aid-bronx-defenders/
https://nypost.com/2023/11/16/metro/legal-aid-society-denounces-unions-antisemitic-resolution/
https://inthesetimes.com/article/palestine-resolution-unions-court-blocked
https://www.thefp.com/p/alaa-legal-aid-attorneys-antisemitism-congress
https://edworkforce.house.gov/news/documentsingle.aspx?DocumentID=410256
ALAA 2325 History of Anti War Votes and Comments
https://alaa2325.wordpress.com/2003/04/14/alaa-antiwar-vote/
https://labornotes.org/blogs/2021/08/bottom-labor-solidarity-palestine-growing
https://laborforpalestine.net/2023/10/26/sf-public-defender-staff-in-solidarity-with-palestine/
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
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Today is a re-release of my conversation with Jenny Andrews. It comes as a right before two episodes covering the ceasefire resolution put out by the UAW ALAA 2325 union that represents Public Defenders and Legal Aid Workers at the New York Legal Aid Society, the Bronx Defenders, Camba Legal Services, and much more.
Jenny Andrews is the Director of Training for California's Indigent Defense Improvement Division. She's here today to teach you what public defense is truly like from the defender's side. Public defenders are often trapped between a rock and a hard place because they want to provide equal representation access, yet are expected to work too many hours for not enough pay. Because of this, "martyr complex" is prevalent in this field. You'll learn that public defense is an area of service, but that this often comes at the expense of the defender's mental health. Jenny will walk you through how she's helping implement self-care practices into nationwide and why self-care is vital to providing zealous representation! Throughout this episode, remember that ultimately, it is the client who suffers when the public defender suffers in silence
Key Topics and Takeaways:
Jenny's background and how she got started in public defense. [7:50]
Why Jenny burnt out and left the industry. [14:18]
Moral injury. [21:58]
Self-care in public defense. [26:32]
Secondary trauma. [33:36]
How Jenny has been building a culture of self-care. [42:50]
How individual offices are promoting self-care. [48:28]
The line between service and self-care. [53:14]
Guest:
Jenny Andrews, Director of Training, Indigent Defense Improvement Division, Office of the State Public Defender, California
Resources:
Be Sustained
Body Keeps the Score
https://www.amazon.com/Body-Keeps-Score-Healing-Trauma/dp/0143127748
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
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Today, Hunter is joined by the newest Chief Public Defender of the State of New Jersey, Jennifer Sellitti. Drawing on her background in public relations, Jennifer has exciting plans for the future of Public Defense in the state. As the new leader, Jennifer hopes she will be able to capitalize on a legislature and governor that appear eager to continue reimagining what a criminal legal system can and should look like.
Guests:
Jennifer Sellitti, The Public Defender, New Jersey Office of the Public Defender
Resources:
Follow Jennifer on Twitter
https://twitter.com/j_sellitti?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor
N.J.'s 1,200 public defenders have a new leader. You'll be hearing from her, she promises.
New Jersey Office of the Public Defender
https://twitter.com/opd_nj?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor
https://www.facebook.com/njopd/
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
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Today, Hunter is once again joined by an amazing former Public Defender from the Wren Collective to discuss their report about youth representation in Cuyahoga County Ohio. Nikki Baszynski joins Hunter today to talk about, perhaps for the first time on the shoe, a Public Defender office that feels they don't have enough cases! Unlike most of the major metropolitan areas in Ohio, juvenile public defense is largely provided by contract counsel and not the Public Defender office. Unfortunately, this is happening despite evidence that the Public Defender office is consistently getting better outcomes for their clients and doing so at a cheaper cost to the county.
Guests:
Nikki Baszyinski, Principal and Former Public Defender, The Wren Collective
Resources:
Wren Collective Report on Cuyahoga County
https://www.wrencollective.org/_files/ugd/8fe8f0_1079cdb763ae4fd4b86cffa5a5f3631e.pdf
Reporting from Signal
Follow the Wren Collective on Twitter
https://twitter.com/wrencollective
Ohio Public Defender Commission
Listen to the Comitte Meeting Here!
https://opd.ohio.gov/about-opd/commission/commission-meetings
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
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Today, Hunter sat down once again with the former Chief Public Defender of Colorado, Doug Wilson. This time, Doug and Hunter discuss the Aurora Theater Shooting case. Just like the episode about the Parkland shooting, today's episode is designed to help people understand how such a heinous crime could end in a life over death sentence. In examining these cases, hopefully people can understand the power of mitigating evidence and a well- funded criminal defense team can have on a criminal case.
Guests:
Doug Wilson, Former Chief Public Defender of the State of Colorado
Resources:
THE "EVIL" DEFENDANT AND THE "HOLDOUT" JUROR: UNPACKING THE MYTHS OF THE AURORA THEATER SHOOTING CASE AS WE PONDER THE FUTURE OF CAPITAL PUNISHMENT IN COLORADO
https://www.coloradodefenders.us/wp-content/uploads/2016/06/Nelson-FINAL-1.pdf
Aurora theater shooting trial: DA George Brauchler scolded over tweet
https://sentinelcolorado.com/metro/theater-shooting-trial-da-brauchler-scolded-tweet/
A Record 9,000 People Were Called For Jury Duty In The Aurora Theater Shooting Trial
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
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