NCX Feb-Mar 1North Coast HOME
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RIGHTWING ATTACK
ON DEATH ROW PRISONERS
Capital Punishment Resource Centers (CPRCs) have been located throughout
the United States in the 20 states having significant numbers of prisoners
awaiting execution. Now the radical Republicans in the U.S. House of Representatives
have voted to eliminate them throughout the country by ending federal funding.
CPRCs have served death row prisoners in their federal habeas corpus appeals,
usually in the last phases before death sentences are to be carried out.
Since virtually all men and women who end up on death row are there because
they could not afford expert legal defense at trial, the Resource Centers
often provided their only skilled and dedicated representation in the fight
for their lives.
Many are the people who have been found to be wrongly convicted and removed
from "The Row" through the efforts of these attorneys. The unfortunate
closing of these Centers is obviously a further move of the right to appear
tough on crime-and on the death penalty, in particular. This can easily
been seen in a recent remark by U.S. House Majority Leader Newt Gingrich
stating that the Centers were anti-death penalty and caused delays in death
sentences being carried out. As if condemned persons should be represented
by pro-death penalty lawyers. . . . In June, a subcommittee of the Judicial
Conference of the United States reported that Post-Conviction Defender Organizations
played a vital role and were "a cost-effective, efficient means of
providing representation in death penalty cases."
In fact, the total funding this year for all 20 Centers around the country
was only $19.8 million. Attorneys in these Centers make far less than they
could earn in private practice. What will happen now is that, at a far greater
cost to taxpayers, death row prisoners will get far less effective legal
counsel. Most private attorneys appointed by the court lack expertise in
death penalty cases. And private lawyers will have less concern about such
clients than those who have dedicated their lives to such work.
The Missouri CPRC has made significant accomplishments in the recent past,
succeeding in winning clemency in the case of Bobby Shaw, who was found
mentally incompetent to be executed. Bobby's sentence was commuted to life
without parole. Chuck Mathenia was also found to be mentally incompetent
to be executed . . . A late-hour reprieve was won for Lloyd Schlup as he
was permitted a hearing to submit evidence of innocence. CPRC attorneys
have also provided valuable assistance to other lawyers fighting capital
cases. In an attempt to continue providing service in death penalty cases,
Sean O'Brien, Kent Gipson, and Kris Daniel (formerly of the Missouri CPRC)
have opened a new law practice in affiliation with the Public Interest Litigation
Clinic (PILC).
They will be specializing in protection of civil and constitutional rights
as well as criminal trial, appellate and post-conviction practice. They'll
be accepting some appointments from the federal courts on capital habeas
corpus cases and other practices. PILC is applying for grants but, other
than federal appointments, their services will now have to be for fee only.
They will try to continue publishing their newsletter (the former Missouri
Capital Case Update) with case summaries.
The newsletter will be available by a subscription price of $75 per year.
For more information, write to the PILC at 5319 Rockhill Road, Kansas City,
MO 64110. Ph.
(816) 363-2795; fax (816) 363-2799.
NCX Feb/Mar 1996
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