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.
Today, Hunter spoke with Chris "Champ" Napier. When Champ was only four years old when he witnessed his father's murder. By the time he was thirteen, Napier had lived in seven different homes in seven different ghettos. Biologically and socially, he was raised in a pool of piranhas, barbarians, and sharks. At eighteen, Napier was convicted of killing a man and was sent to prison. This memoir narrates Napier's story as he navigates a childhood of poverty in Prichard, Alabama; serves more than a decade and a half in prison; and transforms his life by becoming Muslim and devoting his life to Allah. We were so broke I had to eat dry saltine crackers or ketchup sandwiches with the end parts of the bread and drink sugar water, when we didn't have kool-aid. These times were hard for us. I can recall a lot of times on the weekend that someone from the club or from somewhere would burglarize our house and we would have to play like we were asleep until they left. The only thing they could not steal was a small black and white TV and portable radio.
Guests:
Champ Napier, Client Advocate, Mobile, Alabama
Resources:
Champ Napier Story
https://alabamafairjustice.org/stories-chris-champ-napier
Champ Napier Book
https://www.amazon.com/Poverty-Prison-Frustrations-My-Past/dp/1542983398
Champ's Website
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Today, Hunter spoke with Latosha Watts and Taneal Behrens to highlight the important role that paralegals and social workers play in a Public Defender Office. To date, we have touched a lot on the need for Public Defender Offices to incorporate more social workers, but we have not had the opportunity to talk about the important role paralegals provide an office. With more than 2 decades of experience between them in the role of paralegal, Latosha and Taneal provided excellent insight on the pathway for public defense to value paralegals and social workers just as much as they value attorneys.
Guests:
Latosha Watts, Paralegal, Chesapeake Public Defender Office, Virginia
Taneal Behrens, Sentencing Specialist, Charleston Public Defender Office, South Carolina
Resources:
Email Latosha
lwatts@vadefenders.org
Email Taneal
tbehrens@charlestoncounty.org
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Today, Hunter spoke with two law professors, Kay Levine and Russell Gold, to discuss their law review article calling for an increase in the public advocacy of public defenders. As a natural extension of the main goals of the show, Hunter loved exploring the potential political power public defenders could wield if they were more vocal. Interestingly as well, both Kay and Russell offered important juxtapositions between public defenders, prosecutors, and corporate attorneys and the way each engages with public advocacy out of the court room.
Guests:
Kay Levine, Professor of Law, Emory Law School
Russell Gold, Professor of Law, Alabama University School of Law
Resources:
Public Voice of the Defender Law Review Article
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4416723
Kay's Article on the FL Prosecutors
Kay's Professor Page
https://law.emory.edu/faculty/faculty-profiles/levine-profile.html
Russell Gold Professor Page
https://www.law.ua.edu/directory/People/view/Russell_Gold
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Today, Hunter spoke with Law Professor Corinna Lain to discuss her career of research around the death penalty and lethal injection. While it may seem strange to hyper focus on lethal injection, there is something to be said about understanding how and why lethal injection became the defacto method for state sanctioned murder. When lethal injection was offered to the American people, it was designed to do one simple thing: hide the reality of state sponsored murder. So long as people could look away from the violence of the state, they could place execution out of mind. In doing so, the practice could continue in relative secrecy. Today's episode is about lifting the shroud on that secrecy to examine the way the lethal injection is just as, if not more, violent, cruel, and unusual and any other form of execution.
Guests:
Corrina Lain, SD Roberts and Sandra Moore Professor of Law, Richmond School of Law
Resources:
Can Europe end the Death Penalty? https://www.theatlantic.com/international/archive/2014/02/can-europe-end-the-death-penalty-in-america/283790/
US Botched Executions
https://deathpenaltyinfo.org/executions/botched-executions
Execution of Clayton Lockett
https://www.theguardian.com/world/2014/dec/13/botched-oklahoma-execution-clayton-lockett-bloody-mess
Corinna Lain Faculty Page
https://law.richmond.edu/faculty/clain/
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Last year, Hunter spoke with Oregon Public Defender Chris O'Connor to discuss the public defender crisis in Oregon, and today, Hunter once again returns to Oregon to see what has changed. Joining Hunter to discuss the issue is Eve Costello, a contract PD in Klamath Falls, and Lee Wachocki, a PD in Multnomah County. Each of these attorneys bring with them an insight into the many ways that Public Defense is failing in Oregon from the urban center of Portland to the rural areas of Klamath Falls. While there are no easy solutions to the issues, it may be time for the state to seriously consider moving to a structure that enables the defense bar to act in a unified manner.
Guests:
Lee Wachocki, Public Defender, Multnomah County
Eve Costello, Contract Public Defender, Klamath Falls
Resources:
Multnomah County Public Defender
https://sixthamendment.org/know-your-state/oregon/
Vice Investigative Reporting on Public Defender Crisis
https://www.youtube.com/watch?v=J-ENDjlvgLs
'No sense of justice': Hundreds cycling through Oregon courts without public defenders
http://%20https/www.oregonlive.com/crime/2022/09/no-sense-of-justice-1300-criminal-cases-in-limbo-as-oregons-public-defender-shortage-mounts.html
https://oregoncapitalchronicle.com/2022/08/18/board-fires-head-of-oregons-public-defense-agency/
Oregon Public Defense Law Suit
ABA Report on Oregon Public Defense
Oregon public defender asks court to withdraw overworked attorneys, dismiss cases
https://www.opb.org/article/2023/03/16/public-defense-oregon-attorneys-dismiss-cases/
Oregon's public defender crisis impacts Jackson County
https://www.opb.org/article/2023/05/01/oregons-public-defender-crisis-impacts-jackson-county/
Attorney Shortage in Rural America
https://www.nhbr.com/lack-of-rural-lawyers-leaves-much-of-america-without-support/
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On previous episodes, Hunter spoke with Chris Fabricant and Daniel Medwed to discuss various aspects of the innocence movement. With Chris, they discussed the type of junk science that contributes to wrongful convictions. With Daniel, the discussed the unnecessary legal processes and hurdles that stand in the way of getting people out of prison once they are there. Today, Hunter sat down with another lawyer, author, and leader in the innocence movement, Justin Brooks, to discuss the many other things that contribute to sending people wrongfully to prison. As the founder and director of the California Innocence Project, Justin has seen it all, and today, he is here to share his experiences with you so you can understand how you might go to prison even though you're innocent.
Guests:
Justin Brooks, Founder and Director of the California Innocence Project
Resources:
Buy Justin's Book
https://www.ucpress.edu/book/9780520386839/you-might-go-to-prison-even-though-youre-innocent
John Stoll's Case
https://californiainnocenceproject.org/read-their-stories/john-stoll/
California Innocence Project
https://californiainnocenceproject.org/
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Today, we return to once again to the state of Alabama to speak with Stacey Fuller and Kathleen Henderson. If you will recall, Stacey joined Hunter in his conversation with Leah Nelson to discuss the fines and fees that keep Alabamans from accessing a meaningful second chance. At the end of that episode, Stacey mentioned the Felony ID card the state required her always have on her. That conversation plays directly into this one as we examine the other onerous conditions the state of Alabama places on those returning from incarceration. Join Hunter, Kathleen, and Stacey as we wade through the minefield that the formerly incarcerated must navigate to avoid returning to jail.
Guests:
Stacey Fuller, Community Outreach Coordinator, Tennessee
Kathleen Henderson, Re-Entry Case Manager, Alabama Apple Seed
Resources:
Alabama Appleseed
Alabama Driver's License Bill
Alabama Prison Funding
Alabama Trial Penalty
https://www.al.com/news/2023/04/whitmire-alabama-lawmakers-trial-tax-bill-will-cost-us.html
Alabama Inmate Frozen to Death
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On last week's show, Hunter spoke with Babatunde Aremu and demonstrated the ways in which a Public Defender Office could be unionized without causing strife between leadership and line public defenders. Unfortunately today's episode demonstrates the worst possible scenario for a unionization effort. Hunter sat down with Cat Vining and Morgan King, line public defenders in the Louisville Metro Public Defender Office, to discuss why they unionized and the incredible efforts that leadership took to make sure the union would be crushed. Unlike the rest of the state, Louisville Public Defense historically existed outside of the control of the Depart of Public Advocacy, but when the office decided to unionize, the powers that be stepped in to make a change. Despite the Governor vetoing the bill that would bring the office into the state system (while also calling out the legislation as retribution), the Louisville Metro Public Defender Office now sits on the precipice of a quick, ill planned ascension into the state system. So what comes next for those who rely on the services of the Louisville Metro Public Defender?
Guest:
Cat Vining, Line Public Defender, Louisville Metro Public Defender
Morgan King, Line Public Defender, Louisville Metro Public Defender
Resources
Folder containing internal emails and other correspondence from Louisville Metro Public Defender Office
https://drive.google.com/drive/folders/1X8zNcYWtWHMxia1OW1fIEct3LlTI0cQb?usp=sharing
Brief overview of what the Kentucky Supreme Court said, as well as a link to the opinion by the Kentucky Supreme Court as well
Article about HB 568 --> https://www.wdrb.com/news/louisville-public-defenders-concerned-about-state-legislation-that-would-change-how-they-get-funding/article_93e36c90-ba37-11ed-8dc9-a773424b6481.html
Gov. Beshear Veto --> https://www.wdrb.com/news/politics/gov-beshear-vetoes-bill-related-to-louisville-public-defenders-office-merging-with-state/article_bb4d6d5e-caad-11ed-b0e0-dbef141919b1.html
Leo Smith's Campaign Contributions --> https://secure.kentucky.gov/kref/publicsearch/AllContributors?FirstName=Leo&LastName=Smith&FromOrganizationName=&ElectionDate=01%2F01%2F0001&City=&State=&Zip=&Employer=&Occupation=&OtherOccupation=&MinAmount=&MaxAmount=&MinimalDate=&MaximalDate=&ContributionMode=&ContributionSearchType=All&PageSize=10&PageIndex=0&ReportId=
- this link hopefully goes straight to Leo Smith's campaign donations, but if not, that website is https://secure.kentucky.gov/kref/publicsearch/AllContributors and you can search Leo Smith's name to see his contribution to James Nemes in 2022, the same state Represenative who filed HB 568 merging our office into the state agency
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On today's bonus show, Hunter provides updates on the plans for the show and what he learned from his internship at the Aurora Municipal Public Defender Office.
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Today, Hunter spoke with Jill Weinberg, Assistant Professor of Sociology at Tufts University, to discuss the difficulties and strategies of discussing BDSM and other alternative sexual practices in the court room. For many, 50 Shades of Grey is the only exposure to alternative sexual practices so how should lawyers prepare juries, judges, and even themselves for when their case revolves around one of these topics? From the complexities of consent in BDSM relationships to navigating polyamorous relationships, today's episode is all about the ways attorneys need to confront the biases people hold about alternative sexual practices.
Guest:
Jill Weinberg, Assistant Professor of Sociology, Tufts University
Resources
Professor Jill Weinberg's Faculty Page
https://as.tufts.edu/sociology/people/faculty/jill-weinberg
Professor Jill Weinberg's Book
Contact Hunter Parnell:
Publicdefenseless@gmail.com
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