Public Defenseless

Anyone 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. Like so many of you, Hunter is not an attorney, simply tired of a news cycle and talking heads that offer no real solutions to the ever-growing list of problems we face. Hunter hopes that with this information, you will share his belief that ordinary people still can make a difference.

232 | Robin Bernstein: The New York Prison that Started our For Profit Prison Industry 05/02/2024

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 04/30/2024

230: The Voices of Victims and Survivors that Alabama Ignores and Neglects w/Leah Nelson and Callie Greer 04/25/2024

229: From a 25% Vacancy Rate to Nearly Zero, How the Montana Public Defender System Came Back from the Brink w/Brett Schandelson 04/23/2024

228: Why is this Vitally Important Forensic Science so Rarely Used by Defense Attorneys and the Legal System? w/Dr. Shameka Stewart 04/18/2024

227: *AUDIO FIXED* Where is the Ethical Limit for Zealous Criminal Defense Advocacy? w/Martín Sabelli 04/16/2024

226: Why Isn't a Cop Who was Indicted for Shooting an Unarmed Person Being Prosecuted? w/Andrew Darling 04/11/2024

225: Why Are People Being Found Not Guilty but Still Going to Prison? w/Andrea Jaeger 04/09/2024

224: How the DVSJA Gave Two Survivors of Domestic Violence a Second Chance w/Assia Serrano and Trinity Copeland 04/04/2024

224: How the DVSJA Gave Two Survivors of Domestic Violence a Second Chance w/Assia Serrano and Trinity Copeland 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 · (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 · – we wrote this with incarcerated survivors/applicants as the primary audience · · Abby · Favorable decisions: o 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 decision (court must look at the “full picture” and contemplate cumulative impact of abuse) o 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 (abuse or abusive relationship must be “ongoing” at the time of the offense) o (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 (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 (denying DVSJA relief at initial sentencing for murder 2 in a case with extensively documented abuse; sentencing Nicole Addimando to 19-to-life) o (reversing and resentencing her to 7.5 years) · Some very optional reading, but good-to-know-about resources created by the DVSJA Statewide Defender Task Force: · · · Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron Donate on PayPal Donate on Stripe /episode/index/show/publicdefenseless/id/30556363

223: The New York Law Giving a Second Chance to Criminalized Domestic Violence Survivors w/Elizabeth Isaacs 04/03/2024

223: The New York Law Giving a Second Chance to Criminalized Domestic Violence Survivors w/Elizabeth Isaacs 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 · (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 · – we wrote this with incarcerated survivors/applicants as the primary audience · · Abby · Favorable decisions: o 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 decision (court must look at the “full picture” and contemplate cumulative impact of abuse) o 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 (abuse or abusive relationship must be “ongoing” at the time of the offense) o (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 (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 (denying DVSJA relief at initial sentencing for murder 2 in a case with extensively documented abuse; sentencing Nicole Addimando to 19-to-life) o (reversing and resentencing her to 7.5 years) · Some very optional reading, but good-to-know-about resources created by the DVSJA Statewide Defender Task Force: · · · Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron Donate on PayPal Donate on Stripe /episode/index/show/publicdefenseless/id/30556198

222: The Case for Decriminalizing Domestic Violence w/Leigh Goodmark 04/02/2024

221: ALAA's Ceasefire Resolution and the Fallout From it: Part II w/Sophia Gurulé and Pooja Patel 03/28/2024

220: ALAA's Ceasefire Resolution and the Fallout From it: Part I w/Michael Letwin 03/27/2024

RE-RELEASE: How Moral Injury, Stress, and Trauma Impact Public Defense with Jenny Andrews 03/26/2024

RE-RELEASE: How Moral Injury, Stress, and Trauma Impact Public Defense with Jenny Andrews 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 Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron Donate on PayPal Donate on Stripe /episode/index/show/publicdefenseless/id/30506673