Public Defenseless

While the Innocence Project has continuously done amazing work in revealing just how flawed our legal system can be, there has always been limits on the cases they take. Normally, these have been confined to cases where DNA evidence can definitively exonerate the wrongfully convicted. This practice can and does leave out countless people who are factually innocent behind bars. Today, Hunter spoke with Valena Beety to examine the women and LGBTQ community members who have been wrongfully convicted and how to best go about expanding the innocence movement. Guests: Valena Beety, Professor of Law, Indiana University Mercer School of Law, Founding Director of the West Virginia Innocence Project Resources: Valena Beety's Webpage https://valenabeety.com/ Buy Valena's Book https://www.amazon.com/Manifesting-Justice-Wrongly-Convicted-Reclaim-ebook/dp/B09FFWZ54C/ref=tmm_kin_swatch_0?_encoding=UTF8&qid=&sr= Lambda Law https://lambdalegal.org/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Few organizations have been able to demonstrate the injustice of our criminal legal system quite like the Innocence Project, but their fight against the things that manifest that injustice is far from over. Today, I spoke with Christina Swarns, Executive Director of the Innocence Project, to discuss how the organization plans to combat some of the most pressing issues contributing to wrongful convictions. From massively overworked Public Defenders, all kinds of implicit biases, and ever emerging forensic sciences, the Innocence Project hopes that their continued public advocacy will push back against these societal ills. Guests: Christina Swarns, Executive Director, Innocence Project Resources: Innocence Project Website https://innocenceproject.org/ Follow the Innocence Project on Twitter: https://twitter.com/innocence?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Instagram: https://www.instagram.com/innocenceproject/?hl=en Buck v Davis https://www.supremecourt.gov/opinions/16pdf/15-8049_f2ah.pdf https://www.oyez.org/cases/2016/15-8049 Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Another union episode and another union episode predicated on a communication failure, a cost-of-living crisis and a desperate need for a fair contract. Today, Hunter spoke with three members of the NDS Harlem union, William Botchway, Naomi Schachter and Jeremy Tinsley, to discuss where the NDS Harlem stands now two months past the expiration of their previous contract. For everyone from entry level attorneys to social workers, and housing advocates, the compensation at NDS Harlem is simply not enough to survive with New Yorks exorbitant cost of living. Without a new, fair contract, NDS Harlem will surely start to bleed talent in a way that no office can afford. Guests: William Botchway, Housing Advocate and Union Member, NDS Harlem Jeremy Tinsley, Criminal Defense Attorney and Union Member, NDS Harlem Naomi Schachter, Social Worker in the Family Defense Unit and Union Member, NDS Harlem Resources: NDS Harlem https://neighborhooddefender.org/locations/harlem/ NDS Union on Twitter https://twitter.com/NDSUnion NDS Union Instagram https://www.instagram.com/ndsunion/ ALAA Union Twitter https://twitter.com/alaa2325?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Housing Crisis in New York https://www.pewtrusts.org/en/research-and-analysis/articles/2023/05/25/new-yorks-housing-shortage-pushes-up-rents-and-homelessness Living Wage New York https://livingwage.mit.edu/counties/36061 Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Today, Hunter continues his exploration of the criminal legal system in Alaska. Joining him today is Fairbanks Public Defender, Justin Racette. On Tuesday, folks from the ACLU of Alaska talked us through how the turn to tough on crime polices created brutal prison conditions, and today, we will see how those policies have impacted the ability for Alaska Public Defenders to provide competent representation to each of their clients. Guests: Justin Racette, Assistant Public Defender, Fairbanks Alaska Resources: Alaska Public Defender https://doa.alaska.gov/pda/ Alaska Public Defender Case Refusal https://www.adn.com/alaska-news/crime-courts/2023/02/01/alaska-public-defenders-will-begin-refusing-cases-in-nome-and-bethel-citing-staff-shortage/ https://alaskapublic.org/2023/02/03/alaska-public-defenders-to-refuse-some-nome-and-bethel-cases-citing-staffing/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Today, Hunter spoke with Michael Garvey and Megan Edge of the ACLU of Alaska to examine the policy history of Alaska that has made it such a pro carceral state. For a brief moment in the mid 2010's, Alaska looked like it would start to turn towards a more rehabilitative model for its criminal legal system. Unfortunately, current Governor Mike Dunleavy had different plans. With his election in 2018, the state shifted right back to its history of being tough on crime and pro carceral. Now, the state is still one of the highest incarcerators in the world, but with little change in the rates of violent crime. Michael and Megan breakdown what that means for the people of Alaska and what can be done about it. Guests: Michael Garvey, Advocacy Director, ACLU of Alaska Megan Edge, Prison Project Director, ACLU of Alaska Resources: ACLU of Alaska https://www.acluak.org/en Follow Megan on Twitter https://twitter.com/Megtedge Follow Michael on Twitter https://twitter.com/mpg167 The Appeal's Coverage of Alaska Move to Tough on Crime Policies https://theappeal.org/alaska-passed-sweeping-criminal-justice-reforms-its-new-governor-just-unraveled-them/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Part of the goals of this show is to remind Public Defenders that they are not alone in their fight. There is a massive network across the nation of people from all walks of life fighting both in and out of the court room to try and make a more just legal system. Today, Hunter is once again joined by University of Michigan Professor of Law Eve Primus. This time, Hunter and Eve are talking about the MDefenders latest program, the Data for Defenders. This new tool from the University of Michigan is designed to provide Defenders with motions and brief that incorporate the latest and greatest social science data. Guests: Eve Primus, Professor of Law, University of Michigan Resources: Data for Defenders https://datafordefenders.org/ MDefenders https://www.law.umich.edu/mdefenders/Pages/default.aspx Follow Eve on Twitter https://twitter.com/PrimusEve Eve's Law Review Article https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4232443 Contact Eve ebrensik@umich.edu Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

There may be no Public Defender Union with as long and storied of a history as the New York Legal Aid Society's, and today, Hunter spoke with Chapter Chair of the NY Legal Aid Union, Jane Fox, to discuss the efforts to revitalize that very union. The challenges facing Jane and all Public Defenders in New York City are immense. The crushing criminal caseload is compounded by the cost-of-living crisis impacting the attorneys, staff, and their clients. If Public Defenders and their clients are going to thrive in these difficult conditions, it will be thanks to the tireless efforts of Jane and the Legal Aid Union. Guests: Jane Fox, Chapter Chair, NY Legal Aid Society Union, Association of Legal Aid Attorneys Resources: ALAA https://www.alaa.org/ Follow Jane on Twitter https://twitter.com/foxsquire?lang=en Email Jane JFox@alaa.org Issues with Mold in Building https://nysfocus.com/2023/08/28/legal-aid-society-mold-brooklyn Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

From the limited discovery, limited access to witnesses, and the limited resources, Federal Public Defenders around the country are fighting for their clients at a massive disadvantage. Today, Hunter spoke with two Federal Public Defenders, Colin Prince and Jay McEntire, to try and understand how and why the deck is so heavily stacked against them. Drawing from their experience as corporate civil litigators, Colin and Jay demonstrate how our society empowers those fighting over money while simultaneously disempowers those fighting for their liberty. Guests: Colin Prince, Chief Appellate Attorney, Federal Defenders of Eastern Washington and Idaho Jay McEntire, Senior Litigator, Federal Defenders of Eastern Washington and Idaho Resources: Federal Defenders of Eastern Washington and Idaho https://www.fdewi.org/index.html Impending Cuts to Federal Public Defender System https://www.reuters.com/legal/government/us-judiciary-warns-congress-against-cuts-public-defender-cyber-spending-2023-08-01/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Montana Public Defense has seen a lot in the 21st century. A lawsuit in the early aughts lead to massive changes and the creation of the state public defender system. Now almost 20 years later, the Montana Public Defense system is still only treading water. Driven by an shortage of attorneys around the state and severe under pay, the system is looking for new, innovative ways to stay afloat. Joining Hunter to discuss these newer data driven approaches is Brett Schandelson, Director of the State Public Defender. With so few attorneys in so much of the state, the challenges ahead of Brett and his team are immense, but the changes he is implementing just might be what saves Public Defense in Montana. Guests: Brett Schandelson, Director, Montana Office of the State Public Defender Resources: Office of the State Public Defender https://publicdefender.mt.gov/ Case Refusal Yellowstone County https://apnews.com/article/courts-montana-billings-5c9b515e281d4f53ca02bc4880226bf8 Broken Defense Coverage of Montana Public Defense https://missoulian.com/news/national/unconstitutional-public-defense-systems-upend-lives-freedom-across-west/article_22b17815-34f2-5798-a6a4-6d537e6a9886.html Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

What can we learn from the successes of other countries? Today, Hunter spoke with Iliana Pujols to compare and contrast the youth criminal legal system where she works in Connecticut and Norway. In particular, we discuss just how far removed from accepted international practices of youth justice, and what needs to be done to break through the American exceptionalism that stops Americans from learning from other countries. Guests: Iliana Pujols, Policy Director at Connecticut Justice Alliance, Young Justice Leader Pathfinders for Peace, Justice and Inclusive Societies Resources: Pathfinders Young Justice Leaders https://www.sdg16.plus/ Contact Iliana iliana@ctja.org Connecticut Justice Alliance https://ctja.org/ Follow Iliana on Twitter https://twitter.com/ilianap_ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN