Chasing Gideon (41 page)

1.
Death Penalty Information Center, “State Execution Rates.”
www.deathpenaltyinfo.org/state-execution-rates
.

2.
Sentencing Project, “Throwing Away the Key: The Expansion of Life Without Parole Sentences in the United States,” October 2011.
www.sentencingproject.org/doc/publications/inc_federalsentencingreporter.pdf
.

3.
Ibid.

4.
Death Penalty Information Center, “Regional Murder Rates 2001–2010.”
www.deathpenaltyinfo.org/murder-rates-nationally-and-state#MRord
and
www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s./2010/crime-in-the-u.s.-2010/tables/10tbl04.xls
.

5.
Laura Maggi, “New Orleans Homicides Jump by 14 Percent in 2011,”
Times-Picayune
, January 1, 2012, p. 1.

6.
This figure comes from the National Registry of Exonerations but could be somewhat skewed; some suggest the number locating Illinois at the top of the list could simply reflect the Center on Wrongful Convictions at Northwestern University School of Law's better recordkeeping in its own backyard. Also, the exoneration numbers could be a reflection of the robustness of the
innocence movement in that jurisdiction. Still, it's a rough snapshot of how badly justice fails state by state. See National Registry of Exonerations, “Exonerations in the United States, 1989–2012.”
www.law.umich.edu/special/exoneration/Documents/exonerations_us_1989_2012_key_figures.pdf
.

7.
Trial transcripts from
State of Louisiana v. Earl Truvia and Gregory Bright
, Criminal District Court for the Parish of Orleans, Section “B,” Case No. 252-514, p. 21 and “Shots in Head Kill Calliope Project Youth,”
Times-Picayune
, November 1, 1975.

8.
Defense Exhibit 7 from trial: copy of Orleans Police Department statement from Sheila Robertson, taken November 10, 1975.

9.
Ibid., p. 2.

10.
Lindsey Hortenstine, e-mail message to author, June 11, 2012.

11.
Pamela R. Metzger, “Doing Katrina Time,”
Tulane Law Review
, vol. 81, no. 4, 2007, pp. 1191–1192.

12.
Ibid., p. 1190.

13.
State v. Leonard Peart
, Nos. 92-KA-0907, 92-KD-1039, Supreme Court of Louisiana ruling, July 2, 1993.

14.
“Left to Die in a New Orleans Prison,” An Interview with Human Rights Watch by Amy Goodman of Democracy Now!, AlterNet, September 27, 2005.
www.alternet.org/katrina/26073/
.

15.
Christopher Drew, “In New Orleans, Rust in the Wheels of Justice,”
New York Times
, November 21, 2006.

16.
Leslie Eaton, “Judge Steps In for Poor Inmates Without Justice,”
New York Times
, May 23, 2006.

17.
Pamela Metzger, “Doing Katrina Time,”
Tulane Law Review
, vol. 81, no. 4, 2007, pp. 1204–1208.
Reprinted with permission.

18.
Trial transcripts from
State of Louisiana v. Earl Truvia and Gregory Bright
, p. 22.

19.
Ibid., pp. 32–34.

20.
Nicholas L. Chiarkas, D. Alan Henry, and Randolph N. Stone of Bureau of Justice Assistance National Training and Technical Assistance Initiative Project at American University, “An Assessment of the Immediate and Longer-Term Needs of the New Orleans Public Defender System,” April 10, 2006, p. 8.

21.
United States District Court, Eastern District of Louisiana Civil Action, transcripts from
Earl Truvia v. Frank Blackburn
consolidated with
Gregory Bright v. Frank Blackburn
, May 20, 1982, p. 72.

22.
Marc Mauer,
Race to Incarcerate.
New York: The New Press, 2006, p. 33.

23.
United States Sentencing Commission, “Report to Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System,” 2011, pp. 22–24.
www.ussc.gov/Legislative_and_Public_Affairs/Congressional_Testimony_and_Reports/Mandatory_Minimum_Penalties/20111031_RtC_Mandatory_Minimum.cfm
.

24.
Jan Moller, “Attempts at Sentencing Reform Face Tough Opposition in the Legislature,” Day four of eight-day series: “Louisiana Incarcerated: How We Built the World's Prison Capital,”
Times-Picayune
, May 16, 2012.

25.
John Simerman, “Prison Rips Up Families, Tears Apart Entire Communities,” Day six of eight-day series: “Louisiana Incarcerated: How We Built the World's Prison Capital,”
Times-Picayune
, May 18, 2012.

26.
United States District Court, Eastern District of Louisiana, Class Action for Declaratory and Injunctive Relief, LaShawn Jones, Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, and Mark Walker, on behalf of themselves and all other similarly situated,
Plaintiffs v. Marlin Gusman, Sheriff, Orleans Parish, et al., Defendants
, April 2, 2012, p. 3.

27.
Ibid., pp. 2–3

28.
Ibid., pp. 15–16.

29.
Laura Maggie, “Orleans Parish Sheriff to Close House of Detention Starting Today,”
Times-Picayune
, April 10, 2012.

30.
Copy of letter from Justice Department's Special Litigation Section-PHB to Orleans Parish Sheriff Marlin Gusman, April 23, 2012.

31.
Richard A. Webster, “Gusman, Orleans Public Defenders Reach Pact on Jail Visitations Between Clients, Inmates,” New Orleans City Business, May 3, 2012.
http://neworleanscitybusiness.com/thenewsroom/2012/05/03/gusman-orleans-public-defenders-reach-pact-on-jail-visitations-between-clients-inmates
.

32.
Orleans Parish Sheriff's Office.
www.opcso.org/index.php?option=com_content&view=article&id=145&Itemid=724
and author tour of Orleans Parish Sheriff's office, May 2012.

33.
“Frequently Asked Questions About Pretrial Release Decision Making,” American Bar Association, October 28, 2012.
www.americanbar.org/
.

34.
Author interviews with Gregory Bright, April–June 2012.

35.
Author interview with Calvin Duncan, June 12, 2012.

36.
United States District Court, Eastern District of Louisiana Civil Action transcripts in
Earl Truvia v. Frank Blackburn
consolidated with
Gregory Bright v. Frank Blackburn
, May 20, 1982, p. 23.

37.
Ibid., p. 31.

38.
James Hearty, “High Court Votes 6-1 for Removal; Haggerty Ouster Ordered,”
New Orleans States-Item
, November 23, 1970.

39.
U.S. Department of Justice, Civil Rights Division letter to New Orleans Sheriff Marlin Gusman dated April 23, 2012, p. 6.

40.
John Simerman, “New Orleans Judge Turns to Private Lawyers as Defender's Office Struggles,”
Times-Picayune
, June 10, 2012.

41.
Author interviews with Derwyn Bunton, April–July 2012.

42.
Per Orleans Public Defenders press release dated December 19, 2010.
www.opdla.org/docs/lawsuit.pdf
.

43.
Author conversations with Derwyn Bunton, April 30, 2012, and June 11, 2012, and John Simerman, “Audit: Indigent Defense Shorted,”
Times-Picayune
, May 14, 2012.

44.
Gregory Bright v. Burl Cain
, Amended Application for Post-Conviction Relief, August 20, 2001, p. 16.

45.
Criminal District Court for the Parish of Orleans, Criminal Docket Number 252-514 A,
Gregory Bright v. Burl Cain
, Amended Application for Post-Conviction Relief, p. 17.

46.
Ibid., p. 31.

C
HAPTER
4: D
EATH IN
G
EORGIA

1.
According to Anne Holsinger at the Death Penalty Information Center, no one collects the national numbers on how many death sentences are sought by district attorneys, only the number of death penalty convictions. Per author e-mail exchange with Anne Holsinger on August 4, 2012.

2.
The Constitution Project, “Mandatory Justice: The Death Penalty Revisited,” p. 23.
www.constitutionproject.org/pdf/30.pdf
.

3.
“Our Thoughts: What a Tragic Week,”
Covington News
, February 15, 2012.

4.
William Tecumseh Sherman,
Memoirs of General W.T. Sherman
. New York: Library of America, 1990, p. 931.

5.
Equal Justice Initiative, “Illegal Racial Discrimination in Jury Selection,” June 2010.
http://eji.org/eji/raceandpoverty/juryselection
.

6.
Ibid., p. 17.

7.
Stephen B. Bright, “Capital Punishment and the Criminal Justice System: Courts of Vengeance or Courts of Justice?” Keynote at The Death Penalty in the Twenty-First Century Conference sponsored by the Criminal Law Society at the Washington College of Law of American University, March 23, 1995.
www.schr.org/files/resources/justicesystem3.pdf
.

8.
Scott E. Sundby,
A Life and Death Decision: A Jury Weighs the Death Penalty
. New York: Palgrave Macmillan, 2005, p. 4.

9.
John H. Blue, Sheri Lynn, and Scott E. Sundby, “Competent Capital Representation: The Necessity of Knowing and Heeding What Jurors Tell Us About Mitigation,”
Cornell Law Faculty Publications
, 2008.
http://scholarship.law.cornell.edu/facpub/172
.

10.
Scott E. Sundby, “The Capital Jury and Empathy: The Problem of Worthy and Unworthy Victims,”
Cornell Law Review
, vol. 88, no. 2, January 2003, pp. 343–381.

11.
Ibid., p. 358.

12.
Ibid., pp. 346–347.

13.
Ibid., pp. 358–359.

14.
Ronald F. Wright, “Parity of Resources for Defense Counsel and the Reach of Public Choice Theory,”
Iowa Law Review
, 2004–2005, p. 14.
http://wakespace.lib.wfu.edu/jspui/bitstream/10339/15914/2/Wright%20Parity%20of%20Resources%20for%20Defense%20Counsel%20and%20the%20Reach%20of%20Public%20Choice%20Theory.pdf
.

15.
U.S. Department of Justice, “Improving Criminal Justice Systems Through Expanded Strategies and Innovative Collaborations,” Report of the Symposium on Indigent Defense, Washington, D.C., February 25–26, 1999.
www.sado.org/fees/icjs.pdf
.

C
ONCLUSION

1.
www.justice.gov/ag/speeches/2009/ag-speech-090624.html
.

A
FTERWORD

1.
Gideon v. Wainwright
, 372 U.S. 335, 1963.

2.
Douglas v. California
, 372 U.S. 353, 1963.

3.
In re Gault
, 387 U.S. 1, 1967.

4.
Argersinger v. Hamlin
, 407 U.S. 25, 1972.

5.
Halbert v. Michigan
, 545 U.S. 605, 2005.

6.
Miranda v. Arizona
, 384 U.S. 436, 1966.

7.
United States v. Wade
, 388 U.S. 218, 1967.

8.
Coleman v. Alabama
, 399 U.S. 1, 1970.

9.
Brady v. United States
, 397 U.S. 742, 748, 1970.

10.
Hamilton v. Alabama
, 368 U.S. 52, 54-55, 1961.

11.
The right to counsel in death penalty cases was established thirty-one years before
Gideon
in the case of
Powell v. Alabama
, 287 U.S. 45, 1932.

12.
Rothgery v. Gillespie County
, 554 U.S. 191, 2008.

13.
That is, an arraignment.

14.
In other words, a bail hearing.

15.
McMann v. Richardson
, 397 U.S. 759, 1970.

16.
United States v. Cronic
, 466 U.S. 648, 1984.

17.
Strickland v. Washington
, 466 U.S. 668, 1984.

18.
See
Powell v. Alabama
, 287 U.S. 45, 1932, the case in which the Supreme Court determined the right to counsel for death penalty cases.

19.
Padilla v. Kentucky
, 30 U.S. 1473, 2010.

 

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