Public Defenseless

Hunter Parnell
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Aug 15, 2024 • 1h 9min

265 | The Problems with Public Defense in Guam w/Aditi Goel

Today, Hunter is joined by the Sixth Amendment Center's Deputy Director Aditi Goel. This time, Hunter and Aditi the Sixth Amendment Center's newest report on the state of Public Defense on the island of Guam. Relative to Public Defense systems in the continental United States, Guam's Public Defender system is in its infancy, but the problems are familiar. Lack of independence, lack of lawyers, and an Attorney General who thinks better Public Defense=more crime all create a system that is in desperate need of help. Fortunately, the Public Defender Community on the island are deeply committed to getting Guam's Public Defender system to where it needs to be. Guests: Aditi Goel, Deputy Director, Sixth Amendment Center Resources: Sixth Amendment Center Report on Guam https://6ac.org/guam-report-finds-undue-judicial-influence-over-indigent-defense/ Guam AG comments https://www.postguam.com/news/local/excellent-way-to-promote-crime-ag-opposes-public-defender-raises/article_c7900544-a83a-11ed-85d5-e35c64218b11.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
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Aug 13, 2024 • 1h 9min

264 | How Police Academies Foster a Culture of Police Violence w/Samantha Simon

Today, Hunter is joined by professor Samantha Simon, an Assistant Professor of Sociology at the University of Arizona. This episode is a deep dive into Professor Simon's book, Before the Badge: How the Academy Training Shapes Police Violence. In it, Professor Simon embed herself into various police academy training programs to try and understand how police academies select, train, and prepare the next generation of police officers. Through her work, we gain an excellent insight into the challenges with changing the culture of violence that is so prevalent in American policing. Guests: Samantha Simon PhD, Professor of Sociology, University of Arizona Resources: Professor Simon's Faculty Page https://sociology.arizona.edu/person/samantha-simon Pick up a Copy of Before the Badge https://nyupress.org/9781479813278/before-the-badge/ Coverage of SrA Roger Fortson https://weartv.com/news/local/okaloosa-county-community-rallies-for-justice-at-town-hall-after-sra-fortsons-shooting https://weartv.com/news/local/hurlburt-field-airman-identified-as-man-shot-dead-in-officer-involved-shooting# https://weartv.com/news/local/okaloosa-county-sheriffs-office-fires-deputy-involved-in-fatal-air-force-airman-shooting# Donate to SrA Roger Fortson's GoFundMe https://www.gofundme.com/f/support-for-roger-fortsons-family?utm_campaign=p_lico+share-sheet-first-launch&utm_medium=copy_link&utm_source=customer&fbclid=IwY2xjawEozoVleHRuA2FlbQIxMQABHcJZA1zzyqnX9Gj0dRPFSA-dHsXjCSwYo7rgUtqYxhV5ht-z5vqGwvKqUg_aem_vERgrg-mtU7gJj4lZ281cw 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
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Aug 8, 2024 • 1h 1min

263 | What Changes are Coming to Fix Maine's Public Defense Crisis? w/Jim Billings

Today, Hunter is joined by Jim Billings, the Executive Director of the Maine Commission on Public Defense Services. At the very start of the show, Hunter spoke with then Executive Director of the Maine Commission on Indigent Legal Services, Justin Andrus, to discuss the problems facing Maine Public Defense. As a reminder, Maine was the only state that relied 100% on contract lawyers and no full time public defense offices. Since then, the crisis has only worsened. There are hundreds of people currently without counsel, and while the long term outlook looks promising, the short to medium term outlook face serious problems. Guests: Jim Billings, Executive Director, Maine Commission on Public Defense Services Resources: Maine Unrepresented Crisis https://www.aclumaine.org/en/mainesgrowingcrisis Man released after bail lowered due to lack of Public Defenders https://www.necn.com/news/local/shortage-of-public-defenders-in-maine-allowed-release-of-man-who-caused-fiery-standoff/3261950/ 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
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Aug 6, 2024 • 59min

262 | How the Good Faith Exception is Eroding Our Right to Privacy w/Matthew Tokson

Today, Hunter is joined by University of Utah law Professor, Matthew Tokson, to discuss his most recent law review article The Reality of the Good Faith Exception. For those unfamiliar with it, the good faith exception is a way that the courts have side stepped unconstitutional actions by police and prosecutors. Specifically, if a cop executes a search, but it later turns out that it was based on an illegal warrant, that will not matter so long as the officer acted in good faith. How can we so easily excuse violations of the Constitution and what does it mean for our right to privacy? The answers to those questions and more are found on this episode! Guests: Matthew Tokson, Professor of Law, University of Utah Resources: US v Leon https://supreme.justia.com/cases/federal/us/468/897/ The Reality of the Good Faith Exception Article https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4414248 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
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Aug 1, 2024 • 1h 19min

261 | The Problems with Public Defense in Florida and Georgia w/Radley Balko

Today, Hunter spoke once again with Radley Balko, a long-time investigative journalist, to discus his most recent reporting on public defense in Florida and Georgia. As has been discussed on the show previously, both states are struggling to meet the promises of Gideon. For Florida, the state has continued to move in a "tough on crime" direction and seems fine with leaving public defense ill equipped to handle the cases. In Georgia, the lack of independence leaves the system unable to properly advocate for its needs and the needs of their clients. Guests: Radley Balko, Investigative Journalist Resources: Read Radley's Coverage Here https://radleybalko.substack.com/p/the-states-of-indigent-defense-part-6eb 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 *As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender*
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Jul 30, 2024 • 55min

260 | How the Lack of Independence Weakens Federal Public Defense w/Melody Brannon

Today, Hunter spoke with the Chief Federal Public Defender for the District of Kansas to discuss independence, or the lack thereof, for federal public defenders. Unlike many state systems, the federal system is at the mercy of the federal judiciary. As a result of this judicial oversight, the federal public defenders can be hesitant to be as vocal and aggressive in their public advocacy. Over the past year, the hiring freeze for federal public defense demonstrated the pressing need to remove the federal public defenders out from the control of the bench. Guests: Melody Brannon, Chief Federal Public Defender, District of Kansas Resources: Annual Federal Defenders Reports https://www.uscourts.gov/statistics-reports/defender-services-annual-report-2022 https://www.uscourts.gov/statistics-reports/defender-services-annual-report-2023 NACDL Coverage on Lack of Independence https://www.nacdl.org/Article/August2015-InsideNACDLAFundamentalFlawint 2017 REPORT OF THE AD HOC COMMITTEE TO REVIEW THE CRIMINAL JUSTICE ACT https://www.uscourts.gov/sites/default/files/2017_report_of_the_ad_hoc_committee_to_review_the_criminal_justice_act-revised_2811.9.17.29_0.pdf NACDL Testimony to Judicial Conference https://www.nacdl.org/getattachment/84b11595-12a0-43d9-89ed-6af4fd732d84/gerry-morris-testimony.pdf Hiring Freeze https://rollcall.com/2023/10/13/federal-public-defenders-warn-proposed-funding-would-cause-layoffs-court-delays/ Eval of Interim Recommendations from the Cardone Report https://cjastudy.fd.org/sites/default/files/Evaluation-of-the-Interim-Recommendations-from-the-Cardone-Report_9.7.23_NoID.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 *As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender*
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Jul 25, 2024 • 1h 12min

259 | How the Threat of a Strike got Minnesota's Public Defenders a 25% Raise w/Bob Kolstad and Veronica Surges

Today, Hunter spoke once again w/Bob Kolstad and for the first time Veronica Surges. Both are public defenders in the state of Minnesota, and they joined the show to discuss how the organized a strike authorization and how that threat of a strike helped them secure the largest pay raises in the history of Minnesota Public Defense. Guests: Bob Kolstad, Public Defender, Hennepin County, Minnesota Veronica Surges, Public Defender, 6th District, Minnesota Resources: Contact Bob bob@robertkolstad.com Read About the Strike Threat and It's Results https://minnesotareformer.com/2023/07/11/minnesota-public-defenders-to-get-as-much-as-66000-raises-under-tentative-agreement/#:~:text=The%20salary%20of%20a%20first,state%20Board%20of%20Public%20Defense. 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 *As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender*
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Jul 23, 2024 • 1h 7min

258 | What Actually Happened to Minnesota's Legal and Public Defender System After the Murder of George Floyd w/Bill Ward

Today, Hunter kicks off a week about Public Defense in Minnesota by speaking with the Chief Public Defender of the State, Bill Ward. Throughout this episode, Bill and Hunter discuss workloads, workload refusal, the recent budgetary victories he's helped secure, and what is needed to ensure Public Defenders in Minnesota are not drowning in cases. Guests: Bill Ward, Chief Public Defender, Minnesota Resources: Minnesota Public Defender Website https://www.pubdef.state.mn.us/ Minnesota Public Defender Twitter https://x.com/mnbdpubdefense Bill Ward Linkedin https://www.linkedin.com/in/william-ward-a0aa4024/?original_referer=https%3A%2F%2Fwww.pubdef.state.mn.us%2F 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 *As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender*
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Jul 18, 2024 • 1h 29min

257 | If Another Person Confesses to a Crime, Why Can't Jurors Hear that Evidence? w/Sharon Turlington

Today, Hunter is joined by long time Capital Defender, Sharon Turlington. Today, the two discuss cases that bookended Sharon's career in Missouri. Both cases involved an in the weeds evidentiary rule that prohibits testimony that points to the guilt of a person who is not on trial. In one of her earliest cases, this rule kept the jury from hearing that a third party ADMITTED TO COMMITING THE CRIME IN QUESITON. In her last case, it kept the jury from hearing that FIVE people pointed to another person who had far more evidence pointing his direction. Together with the episodes from the past two days, this episode highlights the many ways the deck is stacked against criminal defendants. Guests: Sharon Turlington, Long Time Capital Public Defender, Missouri Resources: The Cases State v Malik Nettles ED74494 (1999) https://caselaw.findlaw.com/court/mo-court-of-appeals/1163320.html State v Kylr Yust WD84633 (2023) https://law.justia.com/cases/missouri/court-of-appeals/2023/wd84633.html Contact Sharon sharonturlington@icloud.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 *As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender*
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Jul 17, 2024 • 1h 4min

256 | The Fight to Free a Man Convicted Because of One Cop's Perjury w/Jason Gain

Today, Hunter is joined by Jason Gain, a West Virginia Post Conviction defense attorney. On this episode, the two continue the miniseries covering the dangers of convictions secured through uncorroborated evidence. This time, we discuss the recent victory that Jason secured for his client, Lamont Dees. After more than five years of incarceration, Mr. Dees was freed because his conviction was secured thanks to the help of one cop's perjury, his attorneys ineffective assistance of counsel, and the willingness of prosecutors to pursue cases based on uncorroborated witness statements. As is so often the case, compare how easy it is to put an innocent person away and how difficult it is to free an innocent person. Guests: Jason Gain, Post Conviction Defense Attorney, West Virginia Resources: Read About Mr. Dees story https://www.loshmountainlegal.com/post/dees-freed-habeas-win-in-west-virginia Contact Jason https://www.loshmountainlegal.com/contact 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 *As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender*

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