Wednesday, September 29, 2010

I helped an innocent man

I represented Ephraim Wilson who will soon be released from prison.  Mr. Wilson was arrested and charged with the aggravated robbery of an Eckerd's store in 1996.  There were several eyewitness and one eyewitness selected Mr. Wilson out of photo line-up 43 days after the robbery.  Mr. Wilson sat in the Dallas County Jail waiting for trial...and he waited...and waited.  In all, Mr. Wilson was detained for 18 months before trial.  By this time, Mr. Wilson lost his job, his family was visiting less and less often.  Additionally, Mr. Wilson's confindence in his lawyer was quickly diminshing.  Mr. Wilson knew he was innocent but did not believe that his lawyer would be able to prove it.  On the fourth and final trial date, Mr. Wilson was forced into a difficult corner; the prosecutor offered the golden nugget of plea deals - seven years probation.  Mr. Wilson took the deal.

Years later, the court revoked his probation and sentenced him to 20 years imprisonment.  This is where I came in.  Mr. Wilson filed a post-conviction writ alleging that he was actually innocent of the robbery and the court appointed me.

Mr. Wilson alleged that one of the three robbers (Tory Jackson) would be willing to testify that Mr. Wilson was not involved in the robbery.  We held a hearing and the robber testified that he committed the robbery with two other men and Mr. Wilson was not involved.  Jackson was convicted for the robbery in 1997 and was out on parole. 

You might ask, why was this information not presented when Mr. Wilson was first arrested?  You see, Jackson and Mr. Wilson did not know that each other were charged with the robbery.  It was not until they were put in the same jail unit that they knew.  Mr. Wilson immediately told his lawyer to interview and subpoena Jackson to testify at his trial.  Whereas Jackson was subpoenaed, the lawyer never interviewed Jackson to see what he would have said.  Moreover, Jackson did testify at his own sentencing hearing where he did not name Mr. Wilson as the robber. 

Last week, the Court of Criminal Appeals agreed with the district court and granted relief for Mr. Wilson.  The proseuctor informed me that that office would dismiss the case.  He's free.  Sometimes, practicing law feels really good. 

Thursday, September 2, 2010

TYC still can't get its sh$! together

http://www.texastribune.org/texas-state-agencies/texas-youth-commission/advocate-abolishing-tyc-could-be-best-fix/

Texas Appleseed, Advocacy, Inc., Center for Public Representation and National Center for Youth Law sent a letter to the Department of Justice this week urging for help with the Texas Youth Commission. 

TYC underwent (some) reforms three years ago after the tragic scandal broke involving physical and sexual abuse of the children by the guards.  The DOJ letter alleges that despite efforts, children at TYC report not feeling safe.

"Safety concerns, particularly at lockups in Corsicana and Beaumont, were the most urgent problems advocates identified. Every single youth interviewed at the Al Price Unit in Beaumont reported feeling unsafe, Fowler says. “They described riots and frequent fights. The first youth we talked to had a broken jaw,” she says. Staff members at the unit were so concerned that the young man would get reinjured, she says, that they placed him in secure confinement. “This kid just sat in security for over a month because they were so afraid to put him with the other kids,” she says."

The letter also cited to a major lack of mental health care.  "[I]n Corsicana, a facility specifically intended to house up to 145 mentally ill youths, there are just four staff psychologists, one psychologist intern and a part-time psychiatrist — and no social worker." 

TYC officials responded that it had made significant improvements since 2007.

TYC continues to be a troubled institution.  This is one of those things about Texas that makes me mad.  We do not have to re-invent the wheel everytime.  All other states have juvenile offender units and programs.  What are they doing?  What works?  How can we bring the best other states have to offer to Texas?  Why are juvenile offenders in other states not being beaten and raped but our children are? 

Thursday, August 12, 2010

Finally - Dallas Jail Passes Inspection

http://www.publicbroadcasting.net/kera/news.newsmain/article/0/1/1687242/North.Texas/Dallas.Jail.Passes.Critical.Inspection

After several years of failed inspections, deaths of inmates and threats from the federal governemnt, the Dallas County Jail has finally passed inspection. 

As I always tell my clients, being the Dallas County Jail is bad for your health.  If your family can scrap together the money to bond out - do it.

Tuesday, July 13, 2010

Prostitutes DNA Database

http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/070910dnmetprostitutes.1cf2c86.html

This is a not a good thing for a blogger to admit...but I don't really know what to say about this.  Here's what the Dallas Morning News is reporting:  when a woman is arrested for prostitution at a truck stop in Dallas County, she will be asked to voluntarily submit a DNA sample.  The sample will be maintained by the Dallas County Sheriff.  If there are future cases of unidentified murdered women, the Sheriff will compare the collected prostitute DNA to the murdered victim. 

Why truck stops and why prostitutes?  Apparently, the FBI believes there are 100s of serial-killer-truck-drivers who prey on prostitutes.

The article quotes the Sheriff's office as doing the DNA collection as part of its new treatment program for prostitutes.

On the one hand I applaud the larger picture that acknowledges the reality that prostitutes are victims (future, if not also present) but on the other hand, this is giving me a creepy-Brave-New-World feeling.

Wednesday, July 7, 2010

Texas Prisoners Blog

This might be interesting.  http://txprisonerjournal.blogspot.com/  I found this blog while aimlessly surfing.  I often stay away from prisoner literature (mainly because I find too depressing), but a blog about prison-hot topics written by Texas inmates could be interesting.  I'll try to check back every once in a while.

Adrienne Dunn is a criminal defense lawyer in Dallas.  To find out more:  http://www.dunncriminallaw.com/

Wednesday, June 23, 2010

Collateral Consequences Help

In criminal law, collateral consequences are those consequences of a criminal conviction that do not directly relate to the punishment of the offense.  For instance, a direct consequence is prison; a collateral consequence is suspension of the right to vote. 

In general, criminal defense lawyers are not obligated to tell their clients of all the collateral consequences of pleading guilty.  But recently, the United States Supreme Court has determined that deportation of non-citzens is such a severe consequence that it merits notice before a guilty plea.  Padilla v. Kentucky, 559 U.S. __ (March 31, 2010). 

The problem with requiring defense attorneys to tell their clients about all the collateral consequences of a criminal conviction is that there are sooooo many consequences.  But thanks to the American Bar Association...help is on the way.  According to an article in the "Criminal Justice Section Newsletter," Vol. 18, Issue 3, Spring 2010, the ABA is conducting a nationwide comprehensive collateral consequences of criminal convictions survey.  Once the project is complete, any lawyer in any state will be able to type in the charged offense and receive a list of all the collateral consequences.  The lawyer can simply hit "print" and hand the list to their client.  Brilliant!

Adrienne Dunn is a Criminal Defense Lawyer in Dallas, for more information, please visit http://www.dunncriminallaw.com/

Monday, June 14, 2010

Our Own Little Part to Help with the case backlog at the Municipal Court

http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/DN-munycourt_10met.ART0.Central.Edition1.298e02b.html

According to the DMN, the City of Dallas Municipal Courts are full.  Full and overflowing.  The City implemented a new "proof or plea"court.  Meaning, the defendant could bring in proof of innocence (like a driver's license for driving-without-a-license ticket) or plead guilty.  I guess the only difference between this special court and regular courts is that in the "proof or plea" court, there are no trials.  According to the article, the backlog is improving the length of time pending trial, but it is causing more paperwork for the defense attorneys.

I am the co-chair for the Aid to the Homeless Committee of the Dallas Association of Young Lawyers.  We organize a Municipal Community Court for the Homeless twice a year.  At this Court, the individuals are sentenced to community service instead to be preformed that very day under the supervision of the Stewpot.  This month, we had well over 400 homeless people apply to participate in the program.  With 1-10 tickets per person, even a low turn out rate of 50% would alleviate 200-2000 tickets for the Municipal Courts.  One could say that we are doing our own little part to help the case backlog on Main Avenue.

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Adrienne Dunn is a Criminal Defense Lawyer in Dallas, for more information, please visit http://www.dunncriminallaw.com/

20/20 Arson Investigative Report

On Friday May 7, ABC broadcasted a 20/20 investigation into faulty arson prosecutions. It highlighted a famous arson investigator, John Lentini, who is on a mission to re-teach arson investigators about the “truths” of tell-tale signs. I heard him speak at a seminar on Actual Innocence in 2009. In a word – shocking. Nearly every arson “red flag” has been disproven by Lentini and other investigators. But what is most disturbing is that these same red flags are still being used by local arson investigators to arrest and convict people.

The 20/20 episode is available on-line at http://abc.go.com/watch/2020/166626/260464/fire-scientist-questions-arson-finding

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Adrienne Dunn is a Criminal Defense Lawyer in Dallas, for more information, please visit http://www.dunncriminallaw.com/

The value of preemptory challenges in voir dire

Quick background: before trial, both the prosecutor and defense attorney select a jury. Actually, “select” is not an accurate term, its more accurate to say “eliminate” jurors. First, people are weeded out that do to qualify for jury service (example: under the age of 18, or not a citizen). Then, questions are asked of the potential jurors to flush out any prejudices or biases that might affect the way the juror decides the case. If a juror is found to be biased, then he or she is eliminated for cause. But there is another way potential jurors can be eliminated – preemptory challenges or strikes. Strikes are reserved for jurors who do not have a bias but are otherwise undesirable to either the prosecutor or defense attorney. The juror can be struck for a good reason, a bad reason or no reason at all. Neither attorney is required to explain their strikes. In criminal felony cases in Texas, each side is allowed to strike 10 jurors in this manner.
This leads me to the question: what is the value in preemptory challenges? If all the unqualified and biased jurors have been eliminated leaving a pool of only qualified impartial jurors, why eliminate any more people from service?
Lawyers often argue that, despite being qualified and impartial, there are some people that are unwanted. A classic example is a juror who has a close family member who is a police officer. The assumption goes that those people are going to be more likely to sympathize with the testimony of the police officers, thus the defense attorney does not want them on the jury. The defense lawyer will use 1 of her 10 strikes to eliminate this potential juror.
The problem with this argument is that striking people based on assumptions is just that – assumptions; stereotypes. Remember, if that juror had actually been biased in favor of the police, then he or she would have been eliminated for cause. But assessing a stereotype that all family members of police officers are sympathetic to the prosecutor to the detriment of the defense relies on an unproven assumption about that person. Should a citizen’s right and obligation to serve on a jury be cut because of a stereotype? Doesn’t a courtroom represent the victory of facts over stereotypes; truth over falsehood? What’s fair in being struck because an attorney assumed you were bad for her case?

This is a justice topic that I feel passionate about and promise future blog entries. This is just the beginning.

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Adrienne Dunn is a Criminal Defense Lawyer in Dallas, for more information, please visit http://www.dunncriminallaw.com/

Tuesday, May 25, 2010

Chicago Police Commander under allegations of torture

http://www.npr.org/templates/story/story.php?storyId=127020916

This story from NPR is slightly off topic in that it deals with justice issues outside of Dallas.  But it was so fascinating that I had to post. 

The caption reads:  "Former Chicago police Cmdr. Jon Burge leaves a federal building earlier this month as attorneys prepared for his trial. Burge is charged with perjury and obstruction of justice and is a key figure in an investigation of alleged police torture." 

The story discusses an indepedent investigation which revealed over 100 instances of police toture.  The victims were forced to confess to crimes they may or may not have committed.

Click on the link to read or listen to the report.
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Adrienne Dunn is a Criminal Defense Lawyer in Dallas, for more information, please visit http://www.dunncriminallaw.com/

Wednesday, May 19, 2010

Specialty Courts run amuck

http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/042710dnmetdaljails.3f9babf.html
According to the Dallas Morning News (DMN), Dallas County will attempt to open yet another specialty court- except there isn’t anything special about state-jail felony property crimes. The County Commissioners have decided to create a property crimes special court for defendants charged with state-jail felonies with a criminal record. The article partly blames the overcrowding of the Dallas County Jail on this group of offenders. Stating that if the defendants would just take the first deal offered by the DA’s office, then they would be moved to the State Jail Facility and out of the county’s hair. The problem with these pesky defendants is that they don’t accept the prosecutor’s first offer and instead wait for the offer to improve – which it does. Six months later, when the case is set for trial (but not actually going to trial), the prosecutor reduces the offer and the defendant agrees.

So, the County Commissioners have decided the best solution to this problem is to form a new court (with a new judge, new bailiffs, new clerk staff, new prosecutors; in a new courtroom). In this new court, instead of waiting six months for a trial that does not happen accompanied by a better plea offer, the defendant will wait less time and will be given a larger plea offer. The hope is, according to the article, that the defendants will accept the higher offer sooner and go to jail for longer.

What?

If the problem is that the prosecutor’s first offer is not the best offer, and the defendant knows this, then why not simply train the prosecutors to make the first offer, the best offer. Isn’t that cheaper than creating a whole new court? Let’s use the article’s example: the initial offer is 12 months. Defendant counters with 6 months. Negotiations stall and the case is set for trial. Trial is set 6 months down the road (my thoughts on the inefficiencies of the Dallas County trial docket to be found later in a separate entry). Day of trial prosecutor reduces the offer from 12 months to 6 months. Defendant agrees and pleads guilty that same day. Why not just offer 6 months at the onset?

Apparently, I’m not the only person that thinks this speciality court a stupid idea. In a later article, DMN reported, the criminal district judges told the Commissioners that they were not willing to transfer their state-jail felony property cases to the new court. Sounds like this silly plan may die. I'll post more as I learn more.

http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/DN-dalcounty_12met.ART0.State.Edition1.4c875f2.html

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Adrienne Dunn is a Criminal Defense Lawyer in Dallas - Texas. You can learn more about Ms Dunn at http://www.dunncriminallaw.com/

Wednesday, May 12, 2010

My First Execution

Billy Galloway will be my first execution. He is set to die tonight. Thus, I am already violating my one-blog-entry-per-week plan.



When I joined my previous firm fresh from law school, Galloway was the first large case I was assigned. The federal magistrate judge in Dallas appointed the firm to represent Galloway during his federal death penalty petition for writ of habeas corpus. This meant that the firm would be the last lawyers Galloway would have.



Since Galloway, I have taken on several other death penalty cases. I never intended to be a death penalty lawyer, but there you have it. There is something interesting about all of the death penalty cases and in Billy Galloway's case, its the trial lawyers.



I was able to depose the trial lawyers (a rarity in criminal law) and was nauseous and near tears at the end of it. The lawyers truly cared for Galloway - one lawyer met with Galloway in the jail for one hour every Sunday for a year. They were not strategizing about the case...just talking. They formed a deep bound; maybe too deep. The objectivity necessary to handle a criminal case was lacking.

The lawyers took on the role of father at the expense of their role of legal advocate. Galloway's lawyers admitted that they never read a Supreme Court opinion requiring death penalty lawyers to investigate and present mitigating evidence. Moreover, they never read the American Bar Assocation Guidelines for Capital Cases which acts as an instruction manual for all death lawyers.

You see, here's the problem with Galloway; he did not want to fight his case. He wanted to die. And his lawyers, acting in the fatherly role, wanted to give Galloway what he wanted. As a death lawyer, your job is to keep the client alive - period.

That did not happen. Neither his trial lawyers nor us could save Billy Galloway. He will be executed tonight.

Introduction

I am a criminal defense attorney practicing mainly in Dallas County. I have done this job for six years and have become rather opinionated about Dallas Justice. In the modern age, opinionated people blog. So, here I am…blogging…for the first time. This is new territory for me. I hope that through my blogging, I can become better informed and release some stored-up opinions I have about Dallas Justice. I commit to one blog entry per week.