Libsyn Directory

223: The New York Law Giving a Second Chance to Criminalized Domestic Violence Survivors w/Elizabeth Isaacs

Release Date: 04/03/2024

236 | Molly Gilbert and Jason Schwarz: How Washington is Implementing Public Defender Workload Standards

Public Defenseless

Today, Hunter is joined by Molly Gilbert and Jason Schwarz to discuss the plan to implement Public Defender workload standards across the state of Washington. Despite not being a centralized Public Defender system, the Public Defenders of Washington, spurred by the State Supreme Court, figured out how to work with the state bar to get workload standards. As they sit on the verge of getting enforceable standards approved by the State Supreme Court, Hunter, Molly, and Jason explore how these workload standards came to be and what other states can learn from this process. Guests: Molly...

235 | Taylor Herbert: The Many Ways Oregon's Civil Commitment System Fails so Many

Public Defenseless

Today, Hunter is joined by Taylor Herbert, a Public Defender in Lan County Oregon to discuss civil commitment. As is often talked about on the show, the divide between the civil and criminal legal system is far smaller than many are willing to admit. Civil commitment is the process by which a person can be confined in a mental health facility against their will. Unlike a criminal process, which does not allow for you to be deprived of liberty unless you’ve been proven guilty beyond a reasonable doubt, civil commitment allows for a deprivation of liberty after only reaching clear and...

234 | Stephen Hanlon: Case Withdrawals, Federal Funding, and the Five Year Plan to Fix Public Defense in Oregon

Public Defenseless

Today, Hunter is joined once again by Public Interest lawyer Stephen Hanlon. This time, Hunter and Stephen are breaking down the five year plan that he hopes will fix Public Defense in Oregon. While it is surely an ambitious plan, this plan gives urges public defenders to do all that they can to force the powers that be to take the crisis seriously: case withdrawals. Guests: Stephen Hanlon, Public Interest Lawyer Resources: Oregon Report 5 Year Plan Contact Hunter...

233 | Lee Wachocki: With Almost 3k People Unrepresented, Why is Oregon adding More Cases to the Public Defender Crisis

Public Defenseless

Today, Hunter is once again joined by Lee Wachocki, a Public Defender and union leader in Portland, Oregon. As the Public Defender crisis continues in the state, this week is about figuring out how the state is responding. At the front line level, Lee reveals that little has functionally changed at his level to demonstrate the state is close to solving the problem. In fact, with Oregon recriminalizing drug possession, the state appears primed to super charge the issue. Guests: Lee Wachocki, Public Defender, Multnomah County Resources: Multnomah County DA Debate DA Schmidt...

232 | Robin Bernstein: The New York Prison that Started our For Profit Prison Industry

Public Defenseless

Today, Hunter is joined Professor Robin Bernstein to discuss her newest book, Freeman's Challenge: The Murder that Shook America's Original Prison for Profit. When many of us think of the for-profit prisons, we think of the post slavery south at places like Parchman. However, that is not where the story started. Today, Robin joins the show to discuss Auburn State Prison and what we can learn from the history of for profit prisons. Guests: Robin Bernstein, Dillon Professor of American History and Professor of African and African American Studies and of Studies of Women, Gender, &...

231 | Dorsey Nunn: From Banning the Box to Restoring the Right to Vote, One Man's Struggle for the Rights of the Current and Formerly Incarcerated

Public Defenseless

Today, Hunter is joined by the powerful Dorsey Nunn. At 19, Dorsey was given a life sentence. Over the next 11 years, Dorsey would be exposed to violence, abuse, and the political education that would awaken in him a lifelong desire to fight our prison system. Today, Hunter talks with Dorsey about his new book, What Kind of Bird Can’t Fly to discuss his lifetime of organizing for the rights of the current and formerly incarcerated. Guests: Dorsey Nunn, Executive Director Legal Services for Prisoners with Children, Co-Founder All of Us or None, Co-Founder Formerly...

230: The Voices of Victims and Survivors that Alabama Ignores and Neglects w/Leah Nelson and Callie Greer

Public Defenseless

Today, Hunter is joined once again by Leah Nelson of Alabama Appleseed. This time, they are joined by Callie Greer, a Community Navigator at Appleseed, to discuss Appleseed’s Afterward. This powerful report sought out to hear from victims and survivors of violence. As is often said on the show, the criminal legal system does a poor job of providing for the needs of all survivors of violence. In fact, the system often perpetuates the harm of those who need help following the tragic events in their life. By going to communities across Alabama, Appleseed hoped to capture the voice of so many...

229: From a 25% Vacancy Rate to Nearly Zero, How the Montana Public Defender System Came Back from the Brink w/Brett Schandelson

Public Defenseless

Today, Hunter is once again joined by Brett Schandelson, the Director of the Montana Office of the State Public Defender. Last time he was one, we discussed his efforts to make Public Defense policy in Montana driven by data. Today, we discuss how those efforts have drastically turned the state system around. Specifically, Brett details how doing a better job of tracking cases and sticking to a workload standard has reduced turnover and helped retain Public Defenders throughout the state. Guests: Brett Schandelson, Director, Montana Office of the State Public Defender Resources: ...

228: Why is this Vitally Important Forensic Science so Rarely Used by Defense Attorneys and the Legal System? w/Dr. Shameka Stewart

Public Defenseless

Today, Hunter sat down with Dr. Shameka Stewart, a juvenile forensic speech language pathologist. While speech language pathologists have long been around, Dr. Stewart is the first person to take the field and apply it to juvenile forensics. The promise of the field was on display as she served as an expert witness for the defense team during the trial of Nikolas Cruz. For those in the criminal defense community, this under utilized forensic science could prove to be one of the most important pieces of evidence against guilt or during mitigation. Guests: Dr. Shameka Stewart,...

227: *AUDIO FIXED* Where is the Ethical Limit for Zealous Criminal Defense Advocacy? w/Martín Sabelli

Public Defenseless

Today, Hunter is once again joined by former NACDL President, Martin Sabelli. This time, Hunte and Martin are discussing a memo he put out while President about the Ahmaud Arbery murder trial. In that trial, Martin felt that the defense counsel improperly used racism as a tactic in their defense. Martin put out the memo because he felt that those in the criminal defense community, those who fight against systems of racism aught not use the tools of the very system that actively incarcerates so many of their clients. As such, today’s episode is all about figuring out where the line is...

More Episodes

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

https://www.ils.ny.gov/

Survivors Justice Project

https://www.sjpny.org/

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:

[email protected]

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