Public Defenseless

A Bonus Episode for everyone! On Monday, I had a discussion/debate with Daniel Carr, a former cop from Albuquerque, New Mexico. Today, we discussed/debated the use of force in the SrA Roger Fortson, the Execution of Marcellus Williams, and the citation issued to a homeless, pregnant woman in Louisville Kentucky Guest Daniel Carr, Police Law Newsletter Resources: Links to Daniel's Work https://linktr.ee/policelawnews SrA Roger Fortson Case https://www.npr.org/2024/08/23/nx-s1-5088020/roger-fortson-death-florida-sheriff-deputy-charged-manslaughter https://apnews.com/article/airman-shot-florida-deputy-roger-fortson-760057db9fd9c7b2f25e85b1b285e8e3 Execution of Marcellus Williams https://www.supremecourt.gov/DocketPDF/24/24-5612/326599/20240923222829451_2024.09.23%20Williams%20Glossip%20Cert%20Petition%20FINAL.pdf https://www.google.com/search?q=marcellus+williams+pettion&oq=marcellus+williams+pettion&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIJCAEQABgKGIAEMgkIAhAAGAoYgATSAQg2MjkyajBqNKgCALACAA&sourceid=chrome&ie=UTF-8 Pregnant KY Woman Cited for Unlawful Camping https://www.nytimes.com/2024/12/21/us/kentucky-woman-pregnant-homeless-police.html#:~:text=A%20homeless%20woman%20said%20that,camera%20footage%20released%20on%20Thursday. https://www.wlky.com/article/body-cam-footage-lmpd-citing-pregnant-homeless-woman-labor/63251559 https://www.theguardian.com/us-news/2024/dec/20/pregnant-kentucky-woman-labor 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

Thank you to everyone who has made the show possible this year. Whether you are a listener, a subscriber, a guest, or a friend of the show, this show would not be possible without you! Thanks for another amazing year, and Hunter is looking forward to another incredible year in 2025. *NO EPISODES THIS THURSDAY OR NEXT TUESDAY* 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 is joined by professor Ráchael Powers to discuss Marsy's Law. For those unfamiliar, Marsy's Law is one of many types of Victim's Bill of Rights law that exist around the country. These laws are designed to give victims of crime more rights in the criminal legal system. The only problem? They often directly conflict with the rights of the accused. Today, Ráchael joins us to talk about a report she published for the NACDL about the dangers of Marsy's Law. Guests: Ráchael Powers Resources: Contact Ráchael https://researchdirectory.uc.edu/p/powersro https://x.com/rpowerscrim?lang=en Read the Report https://www.nacdl.org/Document/JusticeforNoneHowMarsysLawUnderminesCrimLegalSys 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 is joined once again by Eric Fish and Chesa Boudin. This time, Eric and Chesa join the show to discuss a recent law review article they published discussing ways to strengthen pre-trial adjudication. As discussed at length on the show, our criminal legal system has killed the jury trial. As a result, opportunities to bring injustices, misconduct, and corruption to light have faded away. Chesa and Eric's law review article attempts to point out places around the country that have figured out ways to revive adversarial aspects of our legal system before trial. In doing so, they offer a pathway that criminal defense lawyers may be able to increase their chances to oppose the governments case in public. Guests: Chesa Boudin, Executive Director, UC Berkley Criminal Law and Justice Center Eric Fish, Professor of Law, UC Davis School of Law Resources: Contact Chesa https://www.law.berkeley.edu/our-faculty/faculty-profiles/chesa-boudin/#tab_profile https://x.com/chesaboudin?lang=en Contact Eric https://x.com/Eric_S_Fish https://law.ucdavis.edu/people/eric-fish Law Review Article https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5026754 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 is joined by Professor Jacob Charles to discuss the Second Amendment. Since D.C. v Heller in 2008, the Second Amendment transformed from nearly dead letter law to one of the most rapidly changing areas of the Constitution. Jake joins the show to detail that transformation and explain the impacts it is having on our legal system. Guests: Jacob Charles, Professor of Law, Pepperdine University Caruso School of Law Resources: Contact Jake https://law.pepperdine.edu/faculty-research/jacob-charles/ https://bsky.app/profile/jacobdcharles.bsky.social https://x.com/JacobDCharles SSRN https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1714457 Heller https://supreme.justia.com/cases/federal/us/554/570/ Bruen https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf Rahimi https://www.supremecourt.gov/opinions/23pdf/22-915_8o6b.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 is joined by Dr. Julie Mack and Randy Papetti to discuss Shaken Baby Syndrome. Also known as Abusive Head Trauma, Shaken Baby Syndrome started out as an untested hypothesis meant to help parents keep their children safe. However, police and prosecutors quickly realized the power SBS had to secure convictions. Since then, dozens of people's convictions have been overturned as courts around the country realize that SBS is an unfounded, junk science that does not belong in the criminal court room. Guests: Dr. Julie Mack, Radiologist Randy Papetti, Attorney Resources: CATO Institute on Shaken Baby Syndrome https://www.cato.org/events/shaken-baby-syndrome-examining-evidence-shadow-execution Randy's Book on Shaken Baby Syndrome https://www.amazon.com/Forensic-Unreliability-Shaken-Baby-Syndrome/dp/0998904333 Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/ Abusive Head Trauma Prosecutions https://repository.law.umich.edu/cgi/viewcontent.cgi?article=3104&context=articles Swedish Study on SBS https://pubmed.ncbi.nlm.nih.gov/28130787/ Robert Roberson https://www.themarshallproject.org/2023/09/15/texas-shaken-baby-syndrome-baby-death-robert-roberson?gad_source=1&gclid=CjwKCAiAl4a6BhBqEiwAqvrquptUxczfL4EwGv2aXhKkzhV8LiaHBriGbcdDzCJtXwd7ypeophvb0xoCCckQAvD_BwE https://www.texastribune.org/2024/10/29/robert-roberson-shaken-baby-texas-death-row-evidence/ 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 is joined by Rob Perkins and Dan Eichinger to discuss Public Defense in Allegheny County, Pennsylvania. If you've listened to the show long enough, then you know that Pennsylvania was one of the last states to provide any funding for Public Defense. While the $7.5 million allocated to support Public Defense is welcome, it is insufficient to account for the decades of underfunding/understaffing in places like Allegheny County. Yet, Dan and Rob believe that with the help of new county leadership, they can finally meet the demands of Gideon in Allegheny County. Guests: Rob Perkins, Executive Director, Allegheny Lawyer's Initiative for Justice Daniel Eichinger, Program Administrator, Wayne County Indigent Defense Services Resources: Allegheny Lawyers Initiative for Justice https://www.ali4j.org/ Allegheny Public Defender Report https://www.ali4j.org/research-report-a-path-forward ACLU Report https://www.aclupa.org/en/job-left-undone-allegheny-countys-fork-road 2018 Coverage of Public Defense https://whyy.org/articles/decades-after-landmark-lawsuit-caseload-concerns-continue-in-allegheny-countys-public-defender-office/ Email Rob rob@robperkinslaw.com During the Episode Dan, mentioned Racial Disparity in Allegheny County. Here is an additional note from him: RAND_RTI_Final_Report.pdf (pitt.edu) Additionally, I mentioned that half of all charges filed against Black people arise from a police initiated encounter. My phrasing could have been more precise as the paper refers to charges arising out of "Black neighborhoods" (as opposed to Black people) and I didn't mention the numbers in terms of the disparity between White neighborhoods, so I wanted to make sure your listeners had the exact language from the report: (Pg. 47 of the report, pg. 91 of the document): "In particular, charges that are filed in Black neighborhoods are almost equally likely to initiate from either a call for service or a low-priority law enforcement action (30% versus 27%). However, in the White matched neighborhoods, charges are more than twice as likely to originate from a call for service than from a low-priority law enforcement action (38% versus 17%)." Additionally, the percentage of charges growing out of a police-initiated interaction is likely higher because, as the authors note (pg. 46): "Thirty-two percent of the cases could not be matched to the 911 call data. As noted in the previous section, these are likely to be instances where law enforcement officers initiated an action but did not call it in. These unmatched cases are thus classified as unidentified law enforcement–initiated actions." 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 is joined by Professor Stephen Bright to discuss his new book, the Fear of Too Much Justice. Over decades of work as an attorney, Steve has been a leading voice against the death penalty and in support of major overhauls to our criminal legal system. Today, Steve joins the show to discuss how the Fear of Too Much Justice is stopping people from reforming our criminal legal system. Guests: Stephen Bright, Professor of Law, Yale University School of Law Resources: Stephen Bright's Faculty Page https://law.yale.edu/stephen-b-bright Fear of Too Much Justice https://www.thefearoftoomuchjustice.com/ 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 is joined the Editor of the Virginia Defender Newspaper, Phil Wilayto to try and understand a simple question: Why are people incarcerated at Virginia's Red Onion State Super Max Prison self-immolating just to get transferred to a new prison? Guests: Phil Wilayto, Editor, Virginia Defender Newspaper Resources: On Saturday, Dec. 7, the Virginia Defenders for Freedom, Justice & Equality will hold a public meeting titled "Crisis at Red Onion Supermax: How you can help!" The meeting will take place at Wesley Memorial United Methodist Church, 1720 Mechanicsville Turnpike, in Richmond's East End. https://virginiadefender.org/ For more information, call, or text the Defenders at 804-644-5834 or email DefenddersFJE@hotmail.com. Crisis at Red Onion Face Book Page https://www.facebook.com/events/980796297402417/?acontext=%7B%22event_action_history%22%3A[%7B%22mechanism%22%3A%22your_upcoming_events_unit%22%2C%22surface%22%3A%22bookmark%22%7D]%2C%22ref_notif_type%22%3Anull%7D More Coverage https://www.wvtf.org/news/2024-11-12/fearful-prisoners-use-desperate-measures-to-protest https://www.latintimes.com/dozen-black-inmates-reportedly-attempted-self-immolate-virginia-supermax-prison-escape-566799 https://www.wric.com/news/virginia-news/officials-address-allegations-of-self-inflicted-burnings-by-inmates-at-red-onion-state-prison/ https://www.nbcnews.com/news/nbcblk/inmates-red-onion-state-prison-sustain-self-inflicted-burns-protest-rcna182013 https://www.theguardian.com/us-news/2024/nov/30/red-onion-state-prison-protest https://www.nytimes.com/2024/12/01/us/virginia-prisoners-burns-protest.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 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 is joined by Professor Joanna Schwartz to discuss Civil Rights Litigation. Like they did for the rights of criminal defendants, the conservative legal movement has slowly chipped away at Civil Rights protections under Section 1983. Today, Joanna joins to talk about the many ways it is nearly impossible for a person to get a remedy after the government violates their civil rights. Guests: Joanna Schwartz, Professor of Law, UCLA Resources: Follow Joanna on Twitter https://x.com/JCSchwartzProf Joanna's Website https://www.joannaschwartz.net/ https://law.ucla.edu/faculty/faculty-profiles/joanna-c-schwartz Vallejo Police Coverage https://www.latimes.com/california/story/2024-10-18/families-of-people-killed-by-vallejo-police-say-department-has-gone-rogue https://www.kqed.org/news/11769266/the-long-storied-history-of-police-community-tension-in-vallejo https://www.propublica.org/article/vallejo-police-killing-investigations https://www.newyorker.com/magazine/2020/11/23/how-a-deadly-police-force-ruled-a-city 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