Public Defenseless

More than 100 years ago, the first Public Defender Office opened in LA County thanks to the dedication and hard work of Clara Foltz. From that point on, the office grew into the largest office in the country. Today's guest, Ricardo Garcia, is the current Chief Public Defender of the Office and responsible for figuring out how to unlock the potential of the office. On top of the massive geographic and population challenges of providing Public Defense to LA County, Ricardo must also battle with the well organized and funded police and prosecutorial machine in LA County and California writ large. To fully unlock the potential power of the office, Ricardo hopes empowered supervisors will be able to better engage with the media and local communities. In doing so, Ricardo hopes the community will then apply the pressure necessary to force political change. Guest: Ricardo Garcia, Chief Public Defender, Los Angeles County California Resource LA County Public Defender https://pubdef.lacounty.gov/ LA County Public Defender Instagram https://www.instagram.com/lapubdef/ LA County Public Defender Facebook https://www.facebook.com/LACOUNTYPD/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Far too often, the injustices of our legal system go without media attention. This is exceptionally true when it comes to media coverage of the failings of Public Defense. Thankfully, there are a few intrepid investigative reports trying to bring to light the Public Defender Crisis. Today, I spoke with Emily Hamer, Investigative Reporter for Lee Enterprises' Pubic Service Journalism, to discuss her coverage of the Public Defender crisis in Western States in the seven part series "Broken Defense". As is so often the case, the severe limitations of Public Defender data collection make it so we only have a partial picture. Thankfully, the picture that Emily was able to paint with the resources available to her shows us enough to definitively state that Public Defense in Western states is failing. Guest: Emily Hamer, Investigative Reporter, Lee Enterprises' Public Service Journalism Resource Part 1: 'Unconstitutional' public defense systems upend lives, freedom across West Part 2: Montana lawmakers examine public defense, 'gap between reality and justice' Part 3: On the brink of 'crisis': Arizona's public defense system hit hard with staffing shortages Part 4: 'America's dirty little secret': Thousands of misdemeanor defendants don't get attorneys Part 5: Staffing shortages, crushing workloads make public defenders' jobs 'impossible' Part 6: 'Undue influence': Public defenders work can be undermined by judges, local officials Part 7: Upcoming 'watershed' moment in public defense could spark nationwide solutions Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

When you hear the phrase "Bill of Rights", you like envision the first 10 amendments of the U.S. Constitution. You may conjure up the many individual liberties that are protected by that bill of rights as a way to limit the power of the government, but in some states, the government has its own bill of rights. Today on the show, Hunter spoke with three Public Defenders from the state of Delaware to discuss their law enforcement bill of rights. Kevin O'Connell, Misty Seemans, and Elliot Margules walk us through the history, implementation, and impacts of this quirky legal process that can make it exceedingly difficult for public defenders and even prosecutors to get their hands on evidence of police misconduct. Guest: Kevin O'Connell, Chief Public Defender, Delaware Misty Seemans, Family Court Supervisor, Delaware Elliot Margules, Special Litigation Attorney Resources: Delaware Public Defender https://ods.delaware.gov/ Sixth Amendment Center Report on Delaware https://sixthamendment.org/6ac/6AC_delawarereport.pdf Delaware Call: Why we need access to police misconduct records in Delaware - PART I: The problem: How LEOBOR has kept police misconduct secret https://delawarecall.com/2023/01/11/why-we-need-access-to-police-misconduct-records-in-delaware/ Delaware Call: Why we need access to police misconduct records in Delaware - PART II: The History: How the First State came to adopt LEOBOR https://delawarecall.com/2023/01/30/why-we-need-access-to-police-misconduct-records-in-delaware-2/ Delaware Code: Delaware's LEOBOR https://delcode.delaware.gov/title11/c092/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

60 years ago, Clarence Gideon changed the legal landscape of America forever. Thanks to his self-written petition to the Supreme Court, it was finally recognized at the federal level that any person charged with a felony who cannot afford to hire was entitled to one under the 6th Amendment. Soon, that right would be extended to a person facing any possibility of confinement, and thus, our modern understanding of Public Defense was born. On today's episode, Hunter spoke with to members of the Bronx defenders to reflect on the legacy of Gideon. Justine Olderman, Executive Director, and Wesley Caines, Chief of Staff, are part of the team at the Bronx Defenders trying to take the lessons from the past to drive new innovations in Public Defense. From the perspective of the attorneys and the formerly incarcerated, today's episode attempts to look at the strategic end state Public Defense hopes to achieve and the what it will take to achieve it. Guest: Justine Olderman, Executive Director, Bronx Defenders Wesley Caines, Chief of Staff, Bronx Defenders Resource Bronx Defenders https://www.bronxdefenders.org/staff/justine-olderman/ Follow Wesley on Twitter https://twitter.com/bm_mansamusa Follow Justine on Twitter https://twitter.com/jolderma Inquest Series on Public Defense https://inquest.org/tag/public-defenders/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Today, Hunter spoke with David Garlock, a formerly incarcerated and current criminal justice reformer, to discuss how David's journey from victim, to prison, to life after prison has landed him advocating to end sex offender registries. As a child, David endured nearly a decade of child sexual abuse. Eventually, he and his brother sought revenge against the man who committed the acts, and they made the decision to murder that man. David and his brother would go on to be convicted of murder and spend a decade locked away in an Alabama prison. Following his prison time, David began working with those who committed sex crimes in an attempt to rehabilitate them. Given his experience, there are few people who can speak with such moral authority on the issue of the sex offender registry and in the efforts to move our system away from one with a bedrock of vengeance. Guest: David Garlock, Formerly Incarcerated and Criminal Justice Reformer Resources: David Garlock Website https://www.davidlgarlock.com/ David Garlock on Twitter https://twitter.com/davidleegarlock National Association for Rational Sex Offender Laws https://narsol.org/ NAPD 2023 National Conference Sign Up https://nationalpublicdefensevirtua2021.sched.com/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

On today's episode, Hunter spoke with Jon Lyon, the Investigator Resource Coordinator for the National Association for Public Defense, to talk all things investigator related. As Public Defense is focused on the practice of law, it makes sense that most of our conversations are lawyer centric, but part of the role of this show and of the NAPD is to remind everyone involved in Public Defense that it takes an entire team of people to represent someone. You may be the best lawyer on Earth, but if there is no one to assist you in collecting evidence, interviewing witnesses, or chasing down leads, there are limits to what you can accomplish in the court room. For this reason, it is essential that we understand that without investigators, there is no Public Defense. Guest: Jon Lyon, Investigator Resource Coordinator, National Association for Public Defense Resources: NAPD Website https://www.publicdefenders.us/ Lyon Legal Logistics https://lyonlegallogistics.com/ Internet Sleuths https://www.internetsleuth.net/ NAPD 2023 National Conference Sign Up https://nationalpublicdefensevirtua2021.sched.com/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Previously on the show, Hunter spoke with Marea Beeman about the dangerous fines and fees that make "free" attorneys decidedly not "free". Today, Hunter sat down with Priya Sarathy Jones, Deputy Executive Director of the Fines and Fees Justice Center, to do an even deeper dive on the hidden costs that come with any interaction with the legal system. Since the Reagan administration, local communities, starved of federal support, began using the legal system to generate revenue. From that point on, more and more fees that have nothing to do with restitution to victims of crimes have been added to our legal system. As a result, a simple interaction with the legal system now carries a high risk of getting trapped in a cycle of poverty and debt. Guest: Priya Sarathy Jones, Deputy Executive Director, Fines and Fees Justice Center Resources: Fines and Fees Justice Center Website https://finesandfeesjusticecenter.org/ NAPD 2023 National Conference Sign Up https://nationalpublicdefensevirtua2021.sched.com/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Taking over a Public Defender System requires one to understand the greatest weaknesses of the system. For TaShun Bowden-Lewis, one of those is a sever lack of outreach from the Connecticut Office of the Public Defender Office. While it will not happen overnight, TaShun hopes that by achieving her three main goals she will be able to transform the state wide system into one that is at the forefront of reshaping public safety policy. From innovative ideas for external affairs to caring for the wellbeing of every Public Defender under her leadership, TaShun offers the state hope for a better model of Public Defense. Guest: TaShun Bowden Lewis, Chief Public Defender, Connecticut Office of the Public Defender Resources: Connecticut Office of the Public Defender https://portal.ct.gov/OCPD CT Public Defender on Twitter https://twitter.com/ctpublicdfndrs NAPD Conference Sign Up https://napd2023riseresistrepresent.sched.com/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

After spending 18 years behind bars for a crime he did not commit, Anthony Graves hopes he can start a movement of getting more people with experience with the legal system involved in Public Defense. As the Director of Community Outreach for the Harris County Public Defender Office, Anthony is helping to bridge the gap between Public Defenders and the clients they represent. With crushing caseloads and minimal resources, Public Defenders cannot always provide the type of care that each of their clients need. While we may understand that this is more a product of a failing public defender system than the indifference of the attorney, the client only sees that their needs are not being met. From there, trust, with the client and the community, can easily erode. This is where Anthony steps in. Few people know the needs of those currently accused of a crime quite like those who have spent time trapped in the legal system. Yet, many who serve as Public Defenders are unable to fully relate to the plight of their clients. With the help of Anthony and his Peer Navigators, Public Defenders can fill this critical knowledge gap and move one step closer to true holistic representation. Guest: Anthony Graves, Director of Community Outreach, Harris County Public Defender Office Resources: Harris County Public Defender Office http://harriscountypublicdefender.org/ Anthony's Website https://www.anthonygraves.org/ Follow Anthony on Twitter https://twitter.com/anthonycgraves?lang=en Email Anthony ACGraves18@Gmail.com In Memorium of Jeff Blackburn https://www.houstonchronicle.com/news/houston-texas/texas/article/jeff-blackburn-obit-texas-attorney-tulia-drug-bust-17755009.php NAPD Conference Sign Up https://napd2023riseresistrepresent.sched.com/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com

Normally in criminal law, intent matters. The intent of a person is one of the most critical features in determining how we will punish someone for a crime they committed. Then came the felony murder law. As a result of this law, people committing a felony that resulted in the death of another, no matter how remote that death may have been, were treated the same as someone who acted with the intent to kill someone. How this happened, the impacts of this harsh law, and what we can do about it are all topics in today's episode with Nazgol Ghandnoosh, Co-Director of Research at the Sentencing Project. Guest: Nazgol Ghandnoosh, Co-Director of Research, The Sentencing Project Resources: Nazgol's Publications http://www.nazgolghandnoosh.com/research.html Sentencing Project Report on Felony Murder https://www.sentencingproject.org/reports/felony-murder-an-on-ramp-for-extreme-sentencing/ NAPD Conference Sign Up https://napd2023riseresistrepresent.sched.com/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com