Public Defenseless

Today, Hunter spoke with Emmy Award winning documentarian and investigative journalist, Gianna Toboni to discuss her new book The Volunteer: The Failure of the Death Penalty and One Inmate's Quest to Die with Dignity. In this book, Gianna tells the story of Scott Dozier. He was on death row in Nevada for two separate homicide convictions, but despite him volunteering to be executed, forces both inside and outside of the prison prevented the state from executing him. Ultimately, Dozier took his own life after a few weeks on a mental health, solitary confinement hold. How did this all happen and what can we learn about the death penalty in America? All those questions and more in today's episode. Guest Gianna Toboni, Documentarian, Investigative Journalist, Author of The Volunteer Resources: Pick up a Copy of the Book Here https://www.simonandschuster.biz/search/books/Author-Gianna-Toboni/Category-Law/_/N-1z0v8eyZh3kZm2st/Ne-pgt?options[sort]=BOOK_ORDER%7C0%7C%7CTITLE%7C0 https://www.barnesandnoble.com/w/the-volunteer-gianna-toboni/1145681921 Follow Gianna On Socials https://bsky.app/profile/giannatoboni.bsky.social https://www.instagram.com/giannatoboni/?hl=en https://www.linkedin.com/in/gianna-toboni-970174272/ https://x.com/GiannaToboni?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Gianna's Work at Vice (Including Interview's with Dozier) https://www.youtube.com/playlist?list=PLw613M86o5o6ig6LRdAL5W_w7w1k_UeQ5 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home

Today, Hunter spoke with Criminal Defense Lawyer Blake Weiner about a wrongful conviction case he has been working on. Blake's client, Marcus Cooper was charged with rape and strangulation in two separate counties in Virginia. At the first trial, evidence came to light that the complaining witness was lying about pictures she provided to the Commonwealth that she claimed proved her accusations. This trial resulted in a mistrial, and ultimately the charges were dismissed. At the second trial, which featured the same witness and the same charges, the complaining witness once again provided fabricated evidence to try and convict Mr. Cooper. However, the judge in this case determined that Blake could not bring up these repeated instances of evidence fabrication, and as a result, Mr. Cooper was convicted. Blake helps us understand how a judge could stop a defense lawyer from challenging the credibility of a person who has demonstrated a willingness to lie about his client. Guest Blake Weiner, Criminal Defense Lawyer, Virginia Resources: Contact Blake https://blakeweinerlaw.com/ Read the Docs from the Case Here https://drive.google.com/drive/folders/1uZd16LUpCFJwHVrR6eF4sPxs1D91406s?usp=sharing 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home

Today, Hunter spoke with Kristen Rome the Executive Director of the Louisiana Center for Children's Rights. Last fall, Hunter spoke with another member of LCCR about the policies pursued by Governor Jeff Landry to make it easier for the state to criminalize young people. Sadly, today's episode is on the same topic. Up for a vote on March 29th, Louisiana's Amendment Three is a Constitutional Amendment that would give the legislature nearly unlimited power to get young people prosecuted in the adult legal system. Kristen joins the show to help explain what the amendment is, how it got on the ballot, and why people should vote no! Guest Kristen Rome, Executive Director, Louisiana Center for Children's Rights Resources: Find LCCR's Work Here https://lakidsrights.org/ https://www.facebook.com/lakidsrights https://x.com/LAKidsRights https://www.instagram.com/LAKidsRights Vote No On Three https://www.noon3la.org/ Laws Targeting Mostly Black Parishes https://apnews.com/article/juvenile-records-louisiana-e95896fcc0ca3e1a8d92409a345ad706 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home

Today, Hunter spoke with former Public Defender and current Criminal Defense Lawyer Amy Parker about a shocking wrongful conviction case. Normally, Public Defenders find themselves working in opposition of Child Protective Services workers. So when a former CPS worker reached out to Amy, admit that an innocent man was incarcerated, Amy knew there was a serious injustice happening. Through her work, she was able to exonerate Mr. Ezquiel Apolo-Albino and stop his deportation, but how did he end up wrongfully convicted for molesting his children? Based on Amy's tireless work, it appears we know the answer. Guest Amy Parker, Criminal Defense Lawyer and Former Public Defender, Washington Resources: Read the Full Motion for a New Trial Here https://drive.google.com/drive/folders/1kv6yaxs9vInHBj5X4cBbLzWHOZR69Ucr?usp=drive_link National Register of Exonerees https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=5014 More on Mr. Apolo Albino https://www.law.uw.edu/news-events/news/2024/justice-for-the-wrongfully-convicted 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home

Today, Hunter spoke with Nayna Gupta of the American Immigration Council. This conversation covers a recent slate of Trump Administration Immigration Policies that are a naked power grab by the President so he can detain and deport whoever he wants, whenever he wants, and however he wants without due process of law. Specifically, Nayna walks us through how the Alien Enemies Act, the designation of several cartels as Foreign Terrorist Organizations, and the new Immigration Registration requirement will work in concert to grant the President nearly limitless power to detain and deport people. Guest Nayna Gupta, Policy Director, American Immigration Council Resources: American Immigration Council Resources https://www.americanimmigrationcouncil.org/ https://www.instagram.com/immcouncil/ https://x.com/immcouncil https://www.facebook.com/TheAmericanImmigrationCouncil/# ILRC Red Cards https://www.ilrc.org/red-cards-tarjetas-rojas Invocation of the Act https://www.whitehouse.gov/presidential-actions/2025/03/invocation-of-the-alien-enemies-act-regarding-the-invasion-of-the-united-states-by-tren-de-aragua/ Alien Enemies Act Explained https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained https://www.justsecurity.org/109168/alien-enemies-act-litigation/ Judge Blocking the Act and Trump Ignoring the Order http://axios.com/2025/03/14/trump-alien-enemies-act-deportations https://abcnews.go.com/US/trump-admin-ignores-judges-order-bring-deportation-planes/story?id=119857181 https://www.nytimes.com/2025/03/16/us/constitutional-crisis.htmlQ Foreign Terrorist Organization Designation https://www.whitehouse.gov/presidential-actions/2025/01/designating-cartels-and-other-organizations-as-foreign-terrorist-organizations-and-specially-designated-global-terrorists/ Registration Requirements https://www.uscis.gov/alienregistration 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home

Today, Hunter spoke with Anna Ramirez Zarate and Lourdes Best of the San Mateo Chapter of Silicon Valley De-Bug. On today's episode, we will hear about how the community views the criminal legal system, the Private Defender Program in San Mateo, and how they felt about the harmful, racist emails sent by some members of PDP. Guest Ana Ramirez Zarate, Community and Participatory Defense Organizer, Silicon Valley De-Bug Lourdes Best, Community and Participatory Defense Organizer, Silicon Valley De-Bug Resources: SVDB Socials https://www.youtube.com/user/DeBugTV https://www.siliconvalleydebug.org/ https://www.instagram.com/sv_debug/?hl=en https://x.com/svdebug?lang=en Complaint with CRC https://civilrightscorps.org/wp-content/uploads/2022/08/San-Mateo-Petitioners-Additional-Brief7.2022.pdf Reports about PDP https://sanmateo.courts.ca.gov/system/files/private_defender_program.pdf https://www.smcgov.org/media/2466/download?inline= https://sanmateo.courts.ca.gov/system/files/balance_scale_of_justice.pdf https://6ac.org/wp-content/uploads/2024/04/Harvey-M.-Rose-Associates-San-Mateo-County-Evaluation-Jan.-2022-2.pdf Emails About Silicon Valley De-Bug https://www.mercurynews.com/2024/09/23/after-san-mateo-court-complaint-civil-rights-group-is-profanely-assailed-in-secret-by-their-supposed-allies/ https://x.com/svdebug/status/1838380292765327581 *** Note on the Episode**** Following my conversation with Lisa and Harpreet flat rate fees in the PDP, Lisa informed me that the Office of the State Public Defender in California released Standards for Contract Panels. They discourage any flat fee compensation. As a result, Lisa will now be working with the county to move away from the flat rate fees towards an all-hourly compensation rate. New Standards Can be Found Here https://www.ospd.ca.gov/wp-content/uploads/2025/02/CA-Standards_ContractPanelDefense.pdf 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home

Today, Hunter spoke with Lisa Maguire and Harpreet Samra of the San Mateo County Private Defender Program. Unlike the normal contract Public Defender model, the PDP operates as a managed assigned counsel system. As the Chief Defender, Lisa, manages a group of private contractors who handle the Public Defender needs of the county. This grants here significantly more oversight than in a traditional Private Defender System. Harpreet is the lead for the PDP's Social Worker program, and she ensures attorneys connect with Social Workers in their cases. From each of their areas of expertise, Lisa and Harpreet are working to correct the issues documented with PDP over the years. While their work has the PDP moving in a positive direction, the presence of flat rate fee compensation and the fall out from a series of insulting, racist emails sent by former PDP members leave Lisa and Harpreet with an ongoing battle to earn the trust back of the community they serve. Guest Lisa Maguire, Chief Defender, Private Defender Program, San Mateo County, CA Harpreet Samra, Social Worker Lead, Private Defender Program, San Mateo County, CA Resources: Contact Lisa and Harpreet lisam@smcba.org harpreets@smcba.org PDP Website https://www.smcgov.org/private-defender-program Past Reports on San Mateo https://sanmateo.courts.ca.gov/system/files/private_defender_program.pdf https://www.smcgov.org/media/2466/download?inline= https://sanmateo.courts.ca.gov/system/files/balance_scale_of_justice.pdf https://6ac.org/wp-content/uploads/2024/04/Harvey-M.-Rose-Associates-San-Mateo-County-Evaluation-Jan.-2022-2.pdf Emails About Silicon Valley De-Bug https://www.mercurynews.com/2024/09/23/after-san-mateo-court-complaint-civil-rights-group-is-profanely-assailed-in-secret-by-their-supposed-allies/ https://x.com/svdebug/status/1838380292765327581 *** Note on the Episode**** Following my conversation with Lisa and Harpreet flat rate fees in the PDP, Lisa informed me that the Office of the State Public Defender in California released Standards for Contract Panels. They discourage any flat fee compensation. As a result, Lisa will now be working with the county to move away from the flat rate fees towards an all-hourly compensation rate. New Standards Can be Found Here https://www.ospd.ca.gov/wp-content/uploads/2025/02/CA-Standards_ContractPanelDefense.pdf 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home

Today, Hunter spoke with two defense lawyers handling the USS Cole case out of Guantanamo Bay. Allison Miller and Katie Carmon are two of the defense counsel on the al-Nashiri, and last fall, they thought that after more than two decades of pre trial confinement, the cases would finally end when they entered into a plea negotiation with the government. Unfortunately, then Secretary of Defense Loyd Austin exercised undue and unlawful command influence by terminating the agreements. Now with a new administration, what is next for the never ending cases at Guantanamo Bay? Guest Allison Miller, Learned Counsel for Abdul Rahim al-Nashiri Katie Carmon, Supervising Defense Counsel for the al-Nashiri Team Resources: Coverage of the Plea Deals https://www.npr.org/2025/01/09/nx-s1-5252462/guantanamo-9-11-khalid-sheikh-mohammed-plea-deal https://apnews.com/article/guantanamo-plea-deal-911-austin-death-penalty-073c3455e27ecbfd0f7dd524ccffdef3 https://www.aclu.org/press-releases/court-rules-signed-plea-agreements-with-three-of-the-9-11-defendants-are-valid-and-must-go-into-effect https://www.nytimes.com/2024/12/30/us/politics/911-case-plea-deals.html https://www.cbsnews.com/news/appeals-court-plea-agreements-911-architect-khalid-sheikh-mohammed/ https://www.aljazeera.com/news/2024/12/31/us-military-court-clears-way-for-possible-plea-deals-for-9-11 https://www.lawfaremedia.org/article/Secreary-Austin's-Fateful-GTMO-Plea-Deals-Decision https://www.nytimes.com/2024/11/28/us/politics/defense-secretary-plea-deals.html https://www.pbs.org/newshour/nation/defense-secretary-overrides-plea-agreement-for-9-11-defendants-reinstates-as-death-penalty-cases 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home

Today, Hunter spoke with Travis Weiner the former Colorado Public Defender suing the State Public Defender for wrongful termination. As a Colorado Public Defender, Travis reached a point where he estimated he would need more than 4,000 hours to complete the cases assigned to him. At that point, Travis believed he had an ethical obligation to withdraw from a newly assigned case. Unfortunately, the Colorado State Public Defender did not support him. Instead, they fired him. Now he is suing the state for alleged retaliation. Guest Travis Weiner, Former Colorado State Public Defender and Current Public Defender, Taos, New Mexico Resources: Articles about Travis's Law Suit https://www.denverpost.com/2024/11/26/colorado-public-defender-retaliation-caseload-lawsuit-travis-weiner/ https://denvergazette.com/news/courts/colorado-public-defender-whistleblower-lawsuit/article_5dc51520-a908-11ef-8c41-9795a3756d99.html https://www.cpr.org/2024/11/26/former-colorado-public-defender-files-whistleblower-suit-high-caseload/ Read Travis's Motion, Compliant and My Complaint and Affidavit Here: https://drive.google.com/drive/folders/1oz0-_Yi6EMqoh7s6f2a7xdrW-_28L1dv?usp=sharing I have reached out for comment from OSPD in regards to Travis and my complaints. At this time, OSPD did not respond for comment. Last year, they sent me the following comment on Travis's complaint "On behalf of OSPD, thank you for the invitation and concern regarding public defense in Colorado. Rules governing confidentiality, attorney-client privilege, and employee privacy prevent us from discussing individual cases, particular motions, or a defender's practice. We are committed to ensuring that our clients receive high quality representation and will continue to support the defenders who do that work." 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home

Today, Hunter spoke with Professor Daniel Loehr to discuss his research on the Eugenics Origin of Habitual Offender Laws. While many people hear habitual offender laws and think of the three strikes laws from the tough on crime era of the 1990's, Daniel reveals that the history of these laws traces back to a much earlier and darker time in our nation's history. Daniel lays out how America's Eugenics movement wanted habitual offender laws to act as a way to stop certain populations from procreating, and what we as a society should do with these laws given their history. Guest Daniel Loehr, Professor of Law, City University of New York School of Law Resources: Contact Daniel daniel.loehr@law.cuny.edu https://www.law.cuny.edu/faculty/directory/daniel-loehr/ Daniel Files an Amicus Brief in Colorado https://law.yale.edu/yls-today/news/amicus-brief-offers-history-habitual-criminal-laws-and-their-origins Daniel's Article https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5159292 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 Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home